Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1878-04-18
BONDED DEBT OF YORK COUNTY.
Decision by Judge Hudson on Motion for
Preliminary Injunction.


The case of the State er.relatione F. II
Brown and others against the Chester and
Lenoir Narrow Gauge Railroad Company
and others, was heard before his Honor
Judge Hudson, at cham bers, on Friday last
The hearing of complaint, afidavits and ar
gument consumed the entire day, and as the
case is one of considerable interest, we give
an extended report of the proceedings.
The defendants in the case are of foul
classes l. The holders of bonds for val
liable consideration q. The guarantors to the
Roane Iron Company; 8. The Railroad
Company for which the bonds were issued
4. York County, which made the sub
scription. The following eminent counsel
were engaged in the case: For REALTORS
Giles j. Patterson, Esq, of Patterson q Gas
ton, Chester; and Louis LeConte, Esq, oi
Columbia. For the Railroad-Maj. j. F.
Hart, of Yo-kville, and Maj. S. P. Hamilton,
of Chester. For the guarantors Simon
ton, of Simonton & Barker, Charleston. Fol-
the purchasers of bonds for valuable consid
eration-C. E. Spencer, Esq, Of Wither'
spoon & Spencer, Yorkville.
The case WAS opened by Mr.. LeConte, oi
counsel for relators, who read the complaint
and petition, as follows:
The STATE OF SOUTH CARoL1NA-YoRK COUNTY
In the Common Pleas.
Tho State Of SOuth Carolina 3'eluLtOne II. III
Brown, J. r. London, John Ratterree. D. Will
liams, II. A. D. Neely, j. c. Sharpe, L. M. Da-
Wis, A. D. Holler, w. L. Roddey, F. II. Bar
ber, J. R. Allen, w. H. Taylor, j. E. Taylor
S. G. Keeser, W. G.. Reed, Allen Jones and j.
NJ. Ivy, Plaimit,
The Chester and Lenoir Narrow Gauge Railroad
Company, The National Bank of Chester, South
Carolina, John l.. Harris as agent A. II. Da
vega, J. J. McLure fol- himself and as admins
TRAITOR of the estate of G. w. Melton, deceased
J. 8. Wilson, G. D. Heath, w. Stringfellow, w
T. D. Cousar, Nj. S. Harden, W. Holmes Har'
den, John l.. Chambers j. W. Wilkes, L. M
Grist, J. F. Wallace, James Mason, c. E. Spen.
Ger and II. w. Clawson, executors of w:
Clawson, H. F. Adickes, T. NJ. Dobson, T. w
w. Mobley; J.. R: Kennedy, VIM. G. Latimel
name of Kennedy, Latimer i Hemphill; r.
Brandt, J. E. Curtis A. Coward, Jas. F. Hart
James &. Lowry and j. L. Watson; A. P. .,
Campbell, r. E. Guthrie, j. F. Wallace, J. L.
Watson, Edwin Wilson, j. Gardner J. A. Deal
+. Gardner; G. l.. Riddle, W. j. Stephenson
and Robert Hays, county commissioners OF
York county, and York county, Defendants.
The Plaintiff above named, complaining of the
above named Defendants, alleges
I. That the said F. II. Brown, j. R. London
John Rattaree D. Williams, H. A. D. Neely, J
c. Sharpe, L. NJ. Davis, A. D. Holler, W. L. Rod
dey, F. H. Barber, j. R. Allen w. H. Taylor, j.
E. Taylor, S. G. Keesler, w. G. Reid, Allen Jones
and J. NJ. Ivy, the Realtors above named, are cit
liens and taxpayers of York county, owning
real and personal property subject to and assessed
for taxation in said county.
II. That by an Act of the General Assembly Of
said State, approved February 26, 1873, and enti.
tied "An Act to incorporate the Chester and Le-
authorize The consolidation of said Company with
the Carolina Narrow Gauge Railroad Company
and the Kings Mountain Railroad Company" in
addition to provisions Incorporating said Railroad
Company, and otherwise incident and relating tc
the subject expressed in the title, it provided
as follows:
"Sec H. That shall be lawful for any county town In
terescd in the construction the said Chester and Lenoi
Railroad to subscribe to the capital stock Of said Company or
aud be payable in such manner, as the people or proper au
and authorize all meetings of stockholders the County
Commissioners of the respective countless and the Town Coun
the stock of their respective counties and towns Provided
That the property OF said Railroad Company situated IN t
State shall be subject to taxation during the existence oil the
Charter"
III. That after the passage of said Act, to wit
on or about the - day of January, 1874, H. X
Roberts, w. B. Allison, and Frank Edwards, the
County Commissioners of York county, caused
to be executed and delivered to the said Chester
ami Lenoir Narrow Gauge Railroad Company
certain pretended obligations of York county, in
the form of negotia BILE coupon bonds, to the mum
ber Of one thousand, purporting to be in paymen
of subscription of one hundred thousand dol.
lars to the capital stock of said Railroad Company
made in behalf of York county by said County
Commissioners which said pretended bonds were
in the following form:
Here follows copy of the bond.]
w. That the people of York county did not de-
termine to subscribe to the capital stock Of the
said Railroad Company or authorize any sub.
scription thereto, or determine or authorize the
payment ofany sum in any manner or form for OF
upon any such subscription; but, on the contrary
that the people of York county were opposed to
such subscription and to the payment of any sum
for or upon any such subscription; that the said
County Commissioners were required by pub
lie meeting of the people of York county to sub.
NIT the determination of the proposed subscrip-
ton to the said capital stock to the said people at
an election to be held for that purpose, but the
said County Commissioners refused so to do
and being thereunto induced by the said Railroad
Company, or its agents. undertook and assumed
themselves to subscribe the sum OF one hundred
thousand dollars to the capital stock of said Rail
road Company, and to issue said so-cal led Bonds
of the County of York" in payment thereof.
V. That the said County Commissioners had no
authority in law to subscribe to the capital stock
of said Railroad Company as aforesaid and had
no authority in law to issue negotiable bonds OF
York county in pursuance OF such subscription
and that the said pretended bonds are not valid
and binding obligations Of York county, but are
without legal effect and void.
vi. That said pretended bonds contain upon
their face provision that the coupons attached
thereto "as they mature shall be received in pay
ment of county taHes;" that the said county
Commissioners were without power or authority
to bind the State and County to receive coupons
in payment of county taxes, and that said pro.
vision is calculated to deceive and defraud lnno-
cent persons who might be induced to receive the
same upon the faith thereof and greatly to injure
the Relators and other taxpayers of said county
VII. That the Plaintiff is informed and believes
that some of the said pretended bonds have been
negotiated and sold by the said Chester and Le'
noir Narrow Gauge Railroad Company, but that
large number thereof amounting to about six
hundred of said pretended bonds, are still held
by the said company.
VIII. That certain of the said pretended bonds
so held by the Defendant the Chester and Lenoir
Narrow Gauge Railroad Company, are in the act.
ual possession of the Defendant, the National
the said company, and that the Defendant John
l.. Harris, as agent for Defendants, A. H. Davega
j. J. Mcclure, for himself and as administrator
of the estate Of G. w. Melton, deceased, j. S.
Wilson, G. D. Heath, w. Stringfellow, W. 7. D.
Cousar, NJ. S. Hardin, w. Holmes Hardin, }. L.
Chambers, J. w. Wilkes, L. NJ. Grist, j: F. Wal
lace, James Mason, c. K. Spencer and I. w. Claw
son, executors Of w. I. Clawson, deceased, II. F.
Adickes, r. NJ. Dobson, #. w. Clawson, w. B.
Metts, B. F. Briggs, Samuel w. Mobey, J. R.
Kennedy, w. c. Latimer and J. S. Hemphil, CO.
partners, (under the firm name of Kennedy
Latmer & Hemphill,) R. Brandt, J. E. Curtis,
A. Coward, James +. Hart, James G. Lowry and
J. L. Watson, and the said A. II. Davega and the
other Defendants last above named, claim to have
some right of control over or interest in the same
but the Plaintiff does not admit, but on the con-
trary denies, that they have any such right or in
tereSt.
TX That the plaintiff is informed and believes
| ~, o;p of .i1 pratap6a5 hop6s which have