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

placing all rlRnCS OF The couuLy III lue Aahus
of the County Commissioners. Here we have
persons elected by the people of the county
to manage the affairs of the county.
Third. Was it competent in the Legisla'
ture to authorize the County Commissioners
to make this subscription? believe all who
think the bonds are invalid, think so because
the County Commissioners did not get their
power to make the subscription from the peo'
ple The County Commissioners get great
portion of their power from the Legislature.
The Legislature gives them authority for
many of their official acts. Suppose the court
house should be destroyed? The practice is to
90 to the Legislature and they authorize the
County Commissioners to levy tax to re-
build it. Also, to pay past indebtedness.
The County Commissioners have to do with
every thing for the public good. The Legis-
lature gives them power-whch is enforced
so absolute and complete, that you will find
in Revised Statutes, los, requirements as to
the duties of County Commissioners. If this
be so, and the Legislature exercises this pow
er, and the Legislature determines building a
railroad through the county, the Legislature
has power to authorize the County Commis-
sioners to subscribe on behalf of the county
to pay for the road.
The error in supposing the people Of coun-
ty must be consulted by the County Commits
sioners in matters of this kind, will be found
corrected in books on municipal Indebtedness.
The Legislature can determine about condi'
tions. Counsel cited cases in support Of this
doctrine.
By result of an election had, is the way by
which to ascertain the will of the people. You
decide question by vote of a majority OF
the people. If the Legislature have right
TO break through that rule, you must then
admit that they can dispense with it altogeth-
er. 1t was right for the County Commission
ers to make the subscription without consult
ing the people at the ballot-box. Cited 4th
Otto.
One question of the case-has the Legisla.
ture authorized the subscription to be made?
What was the purpose of the Legislature in
passing the Act chartering the Company !?
1t was evidently to aid railroad-to aid by
subscription. When we come to examine the
Act, we are not to examine by microscopic eyes,
but deal with it with plain, common sense
view, as to carrying out the purpose for which
it was intended-to expound it broadly and
literally. What does the Act say? After
reading section IL, counsel continued: What
is the meaning of these words? They mean
that it shall be as the people or proper author
tiles may determine. Either the people are
to vote, or the proper authorities. | submit
that it does not require stretch of the imag-
ination to come to this conclusion. The Act
requires the subscri ption to be made as the
proper authorities may determine, and they
have done it.
| do not call subsequent Acts validating
acts, as my learned colleague has done; but
rather acts expressive of the intent of the
Legislature own Legislature of l877-7S,
recognizing the Act of a Radical Legislature
of 1878 Again, the Legislature gives ex.
preston to the intent of the Act by passing
an Act suspending the collection of tax
for retiring bonds, but will do nothing to in.
validate the bonds submit that a true
construction of all subsequent legislative en-.
actments is the giving of full construction
to the intent of the original Act.
We are not defending fraudulent action
There is not the smallest suspicion that dol
lar of this subscription has been wasted. York
county is now enjoying the very benefits Of
this road Is the honorable Court called up
on to interpose to protect from fraud? We
come, having given value received for all
we have. submit that the decisions of the
Courts is res judicata with US. 1t was law
the day it was pronounced. There is nothing
in the recent decision of the Supreme Court
to reverse that decision.
Our opponents put on record matter we'll
calculated to disgrace the Courts of South
Carolina. l know not where they obtain
their secrets But the charge in the eleventh
paragraph of the complaint is a cowardly
charge, made by person who has no right
to make it. The bribery of j. j Wright
could never have subverted majority Of
the Supreme Court. But whatever the decis'
ion of the Supreme Court, or the manner in
which it was obtained, your Honor has no
right to consider those questions in the pres.
ent case The decision of the Circuit Court
decided the bonds valid, and that decision has
never been reversed. So long as it remains
in that condition, it cannot be reversed.
I submit, so far as York county is concern.
ed, these bonds are valid. My learned friend
on the other side bases one of his objections
to the Act of 1873, because the title does not
embrace everything in the Act This is not
necessary requirement, and is matter
which it were useless to argue, the question
involved having been decided by the courts.
In conclusion, may it please your Honor,
1 think my friend, by his argument, has
shown himself out of court. If these bonds
are void, it would be impossible to collect
them. submit that you cannot grant the
injunction. The bonds were issued for law
full purpose, by County Commissioners fully
empowered.
Mr.. Spencer representing the bond. hold
ers, made the next argument. tie said: We
represent the innocent d-holders-those
who paid their money for these bonds-aud
as we rely upon arguments of those who have
preceded US, we will consume but little time.
So far as the relators can claim, these bonds
are either void or voidable. If void, the re.
lators do not need the injunction. Paragraph
six of the complaint rectes "That the said
pretended bonds contain upon their face a
provision that the coupons attached thereto,
as they mature, shall be received for county
taxes that the said County Commissioners
were without power or authority to bind the
State and county to receive coupons in pay
ment of county taxes, and that said provis-
ior is calculated to deceive and defraud inno-
cent persons who might be induced to receive
the same upon the faith thereof and greatly
to injure the reators and other taxpayers of
said county" If the bonds are void, it
makes no difference to whom we transfer
them. Where, we ask, is the injury to rela-
tors, if they are void? If they are voidable,
that does not apply to US, for the reason that
no cause has been shown.
In paragraph four Of the complaint, the
-, or>1l,ciop hotpaop tho X Roil l.