The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1877-03-22


ceptable appointment.
On Saturday evening last the trip from
Harrisonburg to Staunton OIL the Valley
road. 26 miles, was made in As minutes in
Guiding stoppages at every station. The eli
CINE was No. 81, the oldest on the B. & o.
X. H., and the engineer was W. L. Roop.
Capt. Jno. Smith, conductor.
We regret to announce that the continued
ill-health OF Mr.. NJ. Harvey Eflinger has
induced him, for the present, to discontinue
the banking business and retire from active
duties. The community can ill afford the
loss accustomed by Mr.. Elinger's sickness
and We trust that he may ere long be able to
resume. .Depositors in his bank are referred
to the card published in another column.
AN IMPORTANT CASE TESTING THE
VALIDITY OF THE COUNTY WAR Bonds
A case of interest to every citizen CT Augusta
county, and of special Importance to the
holders of bonds issued by the county during
the war. will be trie'l at this term of the Cir
cult Court. 1t is a slut instituted by Benz.
Crawford, executor OF Joseph Smith, decd,
to enforce the payment of bonds issued by
although tile amount involved is only 81, 900,
yet should the case be decided in favor of
the plaintiff. and tine Supreme Court affirm
the decision, it will take at least 500, 900
ant, fro CT hon T., 70
that amount are thought to be in the possess
sion of various citizens in the county, Messrs.
D. S. Young and G. NJ. Cochran represent
the plaintiff, and, in addition to the Com
monwealth's attorney, the county has en-
ployed Judge Shelley and Judge w. J. Rob-
ertson, of Albennarle, to protect its interests.
The petition Of the plaintiff was presented
at meeting OF the Board of Supervisors,
held on the 4th of December last. 1t prayed
that, if there was so much money in the
treasury, tile Supervisors would pay Off and
discharge three bonds, two for 1000 each,
aud one for $4,000, executed by the county
of augusta to Joseph Smith on the 9Th day
of October, 1861, and payable January lst,
1867, with interest at the rate OF six per
centum per annum. .Ha.ss
The petition alleged also that the bonds
were executed for money borrowed by the
county of Augusta, which was, no doubt, in
current funds of the day, at which day the
currency of the country was at some dis
count, but, according to the tables, the
amount in currency of 81, 900 was then worth
at least $4,000 in gold.
The Board being advised by the attorney
for the Commonwealth that the county of
Augusta is not legally bound for the amount
Of the. bonds, declined making any order
providing for their payment until the ques-
ton as to the legal obligation of the county
for the bonds is decided by the court.
These bonds were issued under the follow.
ing order of the County Court of Augusta,
entered OH the 24th Of June, 1861:
'All the acting justices of the county
having been summoned to consider the pro-
priety of accepting the Act of Assembly,
passed at its last session, to authorize the
County Courts to provide for arming the
volunteers, and a majority of said Justices
being present, it is unanimously ordered
1. That the aforesaid act of the General
Assembly, passed on the 18th day of Janu-
ary, 1861, and the ordinance of the Conven-
ton, passed on the 18th of June, 1861, to-
gether, authorizing this Court to arm, equip,
and uniform volunteers, to make other neces-
sary provisions for them, and to support
their families during their absence in service,
be accepted by this Court. tH
2. That this Court doth affirm and adopt,
as of this date, the order entered at the April
term last, authorizing Ro. Guy, VIM. A.
Bell, and Hugh w. Shelley, acting as Com
.nissioners of Court, to borrow $50, 900 for
tire purpose of arming, equi2png, and uni
forming the volunteer companies Of the
county. and of providing necessary support
for their families whilst absent in the service
of the State, and the Court doth ratify and
confirm all acts Of said Commissioners done
in pursuance of said orders, as il done under
and by virtue Of this order.
3. That said Commissioners furnish Vast
Augusta Guard and sStaunton Artillery
with arms, equipments and uniforms, as to
the other volunteer companies of the county,
and that S. B. Brown, Absalom Koiner and
D. Newton Vanlear be, and they are hereby
appointed a special committee Oh behalf of
this Court, to make arrangements with the
Council of the town of Staunton for the pay
ment, as the same becomes due and payable,
of fair and equitable share OF the amount
authorized by this Court to be borrowed for
the benefit of volunteers and their families.
A. That this Court doth approve the action
of the County Commissioners, as set out in
their report and statement accompanying
the same. in purchasing medical stores for
the Augusta regiment of volunteers. on the
warrant of Col. Harper and Surgeon Da-
wilson.
5. That said Commissioners report and
statement be ordered to be filed and recorded.
G. That the Justices and other prominent
citizens be earnestly requested to give their
actiyeaid and 60 operation to the said County
Commissioners in raising the funds neces-
sary to carry out the purposes OF this court.
Z. THAT the County Treasurer be required
to countersign. as well as register the county
bonds, as required by the order of the April
Court last
The counsel for the plaintiff rely upon the
face OF the bonds, and the theory of the de-
fence will be that the bonds upon which the
action is founded were executed by the
county of Augusta for the purpose of aiding
the recent Rebellion, and that therefore
they are null and void under the Constitu-
ton of Virginia, and violativc OF The laws