Western sentinel. [volume] (Winston [i.e. Winston-Salem], N.C.) 1856-1886, 1877-04-05
case is presented to-us, that da .stio,,
,'ocs'lio arise, and We do not, L de-

case is presented 'tb-us, that da .stioi,
'oes pot arise, and We do not, de-
eide it, q -i'q" H'.''.ii eiii'9'lu"h |
2 So tar as 10 the rights otthe. par
ties thder the Original Act of 4hef
blH railroad 70, corporation, Granted ibt |
1.-THE Cohvention OF 1865, = ssY9i'F
Ii. But the plaintiff further re-
lies upon q Subsequent Act, Of the
Legislature, ratified the o1llehs of
August, 1865. which confirms the.
original charter, of, March, 1865. I'D
This act, in express terms, ';rati-
fies all Acts aud things heretofore.
done Hnder the provisions of said
ordinance, aud conters upon the
I"Buard of Commissioners of the
| County, full power and authority,
TO levy, from .tiWeno time such tax
AS may be sufficient to pay the
subscription made 10y said county.
to the capital stock of the North
Western North Carolina Rail
Road Company, aud any interest
due thereon. or to liquidate any
debt created by The county. in bor-
rowing money to pay such stock
subscl iption." IN
The competency of the Legis'
lature to enact re irrespective stat
utes,to validate an irregular or de-
fectiye execution Of power by a
Ifcounty corporation, is well settled.
In St Joseah Ioaonship as Rogers.
Is Val 666, the election at which
The subscription was approved,
was held before the law authorizing
the subscription, and the court
there decide tha this and all defect
i've subscriptions of the kind, may
be ratified, where the Legislature
could have originally conferred the
power. and that such laws, when
they do not impair any contract or
injn,ionsly affect the rights of
third persons, are never objection
able. DiIan's Lun of Munici-
pQl Bonds Sec 81. Butle, as. Du
J0is 90 Ill. los. 40 Mo 225. The
ratification operates as pre- vious
authority. 2 Daniel on Neg Instr.
1872. C"oiey on COnst. Linn. Sec 80.
3ol. haop vs. Grant q HIS. 147.
Declaring as we do, that The
, ratifyiDg Act OF August 1868, was
t il curative Act, aad validated both
, the county subscription and the
issue of the bonds, if any defects
: existed ther eir-and it has been
one purpose of this opinion, to
show that the bonds were valid in
/ the hauds of bona .tftle holders
, without The aid of this healing
: Ac;--the proposed evidence of the
: defendant, because imma e,ial and
Irrelevant. AS a matter of law
the bonds we've valid, and the
court did not err in so 6eclaring.-
The only issue submitted to the
jury was
SIS The plaintiff tie bona fidt
owner AID for value, of the bonds
+ and coupons mentioned in the
y pleadings, and was he snch at the
t commencement of the action.
G Upon the t,ial of this issue, th'
y plaintiff was introduced and testi-
}. fled as witness. The defendan
y requested the Court to Charge tn
G jury that they were net bound t.
# believe the plaintiff. in passing
!. upon the issue. The Court refused
9. so to charge, hut told he jur.
e "they were not bound TO he lev
/: any body and added that wheI
h men who have proved a good !chal
!. acter before the jury, testify, lh
!, presumption is, that they Will no
: lie, and that there was evidenc
/, before the jury, that the plaintit
= was IL man of good character, au'
= no witness had been intro
y duced to assail bis character.
IL There was no error in. that. With
E. nIt this enforcement of Il prove
= good character. men aie presume
'r to tell the truth. The whole the
= ny Of jury trials. ano, indeed, c
Ic all human intercourse, is base
!, upon that presumption.
, His Honor expressed q himsel
;e with needless emphasis, but we d
&c not see that the jury were misle
e thereby. U.J
s, 1t is estimated that the munich
ir pal indebtedness OF this countr
]. has al.eady reached the enormou
II sum of S9r0,O09,oOC, and is rapid
is increasing; nearly the whole 9
:. which is evidenced by negotiable
Il securities, issued for almost ever
Il conceivable purpose, by cities
., counties and townships. Thes
4 bonds represent large portion @
: the wealth of the country, an,
- whether held for Investment CT nc
e tive employment, they enter int
: the complex business OF CONNER
o cial life. This municipal powe
to issue bonds, which is the growt
/ of the last thirty years, has alread
e. overwhelmed the country with a
], Indebtedness which threaten
u political society and social orde
es to their foundations. No chec
= against our Indebtedness is so of
e ieetnsl as that yoss must pay q
,-ktn.I,, l,ox1