Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1878-04-18

taxes. That during the fiscal years 1874 and 1875
taxes were duly levied and collected from the
people OF York county, to pay the interest cou,
pons on the bonds of said county, issued in aid
of the Chester and Lenoir Railroad Company
and also during the fiscal year 1875, tax for re-
firing bonds. That all coupons maturing pre-
viously to January /, 1877. were duly paid, upon
presentation, from the proceeds of said taxes
test was ever made by any taxpayer Of said
county, against the payment Of said tax:
A. SPRINGS WITHERS.
Sworn and subscribed before me, this 18th OF
April, 1878. J. F. WALLACE, G. c. Pleas.
Mr.. LeConte, of counsel for relators, read
the following affidavit:
STATE OF SOUTH CARoL1NA-YoRK COUNTY.
John R. London, A. Williford, Perry Martin,
and J. M. Ivy being duly sworn, say, each for
himself: That he is and was at the time of the
agitation of the question of the subscription to
the Chester and Lenoir Narrow Gauge Railroad
Company, citizen of York county, doing busi-
ness in said county, and having large acquain-
tance with the people thereof and that he verify
believes that the people of York county were
largely opposed to such subscription:
J. NJ. IVY,
A. WILLIFORD,
J. r. LONDON,
PERRY MARTIN.
Sworn to and subscribed to before me, this 18th
of April, 1873. J. F. WALLACE. G. G. Pleas.
Mr.. Simonton Do not these witnesses re.
side at or near Rock Hill?
Mr.. LeConte: They d.
Mr.. Simopton: Oh! We excepted them.
Mr.. LeConte then asked to submit certain
newspaper articles contained in the Rick Hill
paper, as showing hostility of the people Of
the county to the subscription, which the
Court admitted. Same counsel then read the
following affidavit, which closed testimony
offered by relators:
STATE OF SOUTH CARoL1NA-YoRK COUNTY.
Cadwallader Jones being duly sworn, says
That he was a citizen of York county, at the time
the question of subscription to the Chester and
agitated in said county. That deponent has q
large acquaintance with the people Of said county,
especially the tax. paying portion thereof, and
that he verify believes that large majority OF
said people were opposed to said subscription.
That this sentiment was expressed in public
meetings held in various portions Of the county,
to wit: At Rock Hill, Fort Mill, Coates Tavern
and Blacks Station. That it is not true, as depo-
nent is informed. that the meeting referred to in
the affidavit Of Allison and Roberts, passed reso.
lutions approving the subscription, and in con-
firmation thereof, deponent hereto attaches a
copy of the resolution passed at the said meeting
CAD. JONES.
Sworn to before me, this 18th day of pril, 1873.
j. r. WALLACE, =. y. Pleas.
Mr.. LeConte then read the following copy
of the resolution referred to in the above af.
fidavit, adopted by public meeting in York.
Vile, on he first Monday in April, 1873,
which he ssid was verified by L NJ Grist,
proprietor OF the YoRKvILLE ENQUIRER, who
was secretary Of the meeting:
Resolved, That the County Commissioners OF
York county, be requested to submit to the voters
of York county, OH the goth Of May next, the
question of subscription by said county, of 500.
900, to the capital stock of the Chester and Lenoir
Narrow Gauge Railroad Company"
By the rules of practice it was maintained
that relators were entitled to the opening and
closing argument.
Mr.. Patterson, for relators, detailed the facts
contained in the complaint upon which the
temporary order was granted. He said the
bonds bear upon their face the authority by
which they were Issued, and claimed that q
number of the bonds have not passed out of
the hands of the Railroad Company. There
was no allegation that the guarantors had
paid any sum of money to the Roane Iron
Company, or that the guarantors had suffered
loss. The bonds are yet under control of the
road. Other parties receiving bonds, with
knowledge of the manner in which they were
issued, aIlege that they bought them after
the decision of the Supreme Court. The CON-
plainsnts complain that the County Commis-
sioners had no authority to issue the bonds,
and ask, in the interest Of the taxpayers of
the county, that the parties who hold bonds
shall be enjoined from passing them to other
hands. If the bonds are in possession of these
persons, and pass into the hands of innocent
parties, they would then stand on a different
footing. If The injunction bs granted only
temporarily, until hearing the case on its mer-
its, no great harm can ensue, and will re-
strain those controlling the bonds from using
them until the final decision in the case.
This would be no less for the protection of the
Railroad Company. Cited Waite as authority
that courts are inclined to grant injunction
upon clear right Counsel designated these
bonds as of the same character as worthless
negotiable notes, citing authority for the posi-
ton, and claiming that they come under the
same rule were issued without authority,
and are, therefore, worthless.
He argued that neither the county of York
nor the County Commissioners of York, had
authority to issue the bonds and having no
such authority, the bonds are therefore worth
less. Cited Dillon on Bonds, that purchaser
must take notice of the power of municipal.
ties, &c., to issue bonds. In this case, the Act
of the Legislature chartering the Company,
is clearly illegal, iuasmuch as, contrary to
the provision of Art 2, Sec. 20 of the Con-
stitutoD, the title Of the Act does not express
that one object of the Act is to authorize the
issuing of bonds. No authority is given to
any one to make subscription. The Act is
upon several subjects, all expressed in the
title, but nothing is said 10 the title in regard
to the county issuing bonds, or making SUBJ
scription. In States where that provision, as
regards the title of acts, is in the fundamen-
tai law, the Acts are void. Cited Dillon that
if bonds are issued without authority, and
purchasers know the circumstances under
which they are issued, the bonds are void. If
defendants, when sued, can make that plea,
We have right to ask to enjoin them from
levying tax. Should this position be over.
ruled, we contend that the 18th Section of the
Act does not give authority to the county com.
mssioners to subscribe and make debt on
York county. The section reads as follows: !:
Sec. IL. That it shall be lawful for any county
or town interested in the construction OF the said
Chester and Lenoir Railroad, to subscribe to the
capital stock of said company, or of any compa-
ny with which it may consolidate or unite, such
sum, and to be payable in such manner as the
people or proper authorities OF such county or
town shall deem best, determine and authorize !;
and in all meetings of stockholders, the County
Commissioners of the respective counties, and
the town councils of the respective towns, shall
appoint some person to represent the stock of
their respective counties and towns
The bonds that have been issued do not
purport to have been issued by the people of
the county. They were issued by the County
Commissioners, basing their action upon the
Act of the Legislature. These bonds do not