Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1878-06-13

mand that they be disposed of and used to the ex-
tinguishnlent of said liability.
9. That they admit the allegations of the ninth
paragraph to this extent that certain of the bonds
Of the county of York, so issued for the payment
of its subscription to said Railroad Company,
are in the hands of the persons named in this
paragraph, and of others who are bona fde pur-
chasers and holders thereof for value.
10. That with respect to the allegations of the
tenth paragraph, and as responsive thereto these
defendants say that they incurred the liability
above referred to, and acquired their interest in
the said bonds after they had been issued under
the seal of said county, certified to after the valid
ity of such issue had been tested by suit brought
before their actual issue, in the name of Glenn
and other taxpayers and citizens OF the county
Of York, against the County Commissioners who
made the subscription to the Railroad Company,
seeking to restrain and enjoin said ISSUE upon
the allegation that said subscription, in the man
ner in which it was made, was not authorized,
and the issue of the bonds therefor was invalid
and unlawful, after the decision of the Circuit
Court sitting for York county had been rendered,
refusing the prayer of said complaint and de-
caring and affirming the validity of said bonds.
After an appeal from the said decision of the
Circuit Court to the Supreme Court of this State,
and argument thereon in the Supreme Court, and
the publication of the decision thereon Of the
Supreme Court, not reversing or in any way
changing or modifying the Circuit decree; after
the remittitur was sent down and filed in the Of
flee of the Clerk of York county; and after the
massage and approval of the Act of Assembly;
entitled "An Act to authorize the levy Of q spe-
cal tax in York and Chester counties to retire
the bonds issued by said counties in aid of the
Chester Il Lenoir Narrow Gauge Railroad Com
pany, and for other purposes relative thereto" in
which Act special taG was authorized for the
purpose of raising sum of money to be used
exclusively in paying and retiring bonds with
the coupons attached Of York and Chester coun-
ties, issued by the County Commissioners of said
couuties in aid of the construction OF the Chester
and Lenoir Narrow Gauge Railroad. That with
knowledge of and notice of each and all Of these
facts in full reliance thereon, and condng there
on, these defendants assumed their said liability
and accepted the delivery and appropriation Of
the bonds so held in said Bank as their guarantee
say that any act, deed decree or thing executed,
promulgated, issued or done by the State Of South
Carolina, or by any of her constituted authorl-
ties-executive, legislative or judicial seeking to
set aside, modify or change said bonds, decisions
or act, does and would impair the obligation of
contract, and is and would be in conflict with the
Constitution OF the United States.
IL. Further answering, these defendants say
that they have and use their said interest in the
said bonds set apart for their protection from a
liability incurred by them, and now pressing up
on them, that this is their property, held by them
quietly and peaceably, with full right Of dispos-
ing and of using the same, and that their acts in
no way impair the rights Of others. That they
have done no act thing to justify the plaintiff
in the apprehension of action at law that these
defendants are violating no public right and
are doing no public wrong; and that nothing has
occurred in their conduct action which Will re-.
quire justify support this action, or any other
action by the State of South Carolina against then
IL. That with regard to the allegations of the
eleventh paragraph, they admit that they have
and hold their interest in these bonds, relying
among other things, upon the decisions and ac-
ton Of the Supreme and Circuit Courts in the
case of Glenn and others vs. the County Commits
soners of said county, establishing and confirm
ing the validity Of said bonds, which said decis-
ions are binding upon the county Of York, the
obligor of the said bonds, and their CO. defendant
herein. That they had no notice whatsoever of
any of the matters stated in said paragraph re-
specting the consultation of the members of the
Supreme Court. They deny that any formal or
authoritative action binding upon any third party,
was taken in accordance with the pretended result
of such consultation, and they say that without
such formal and authoritative action, any such
pretended consultation would be as if it never ex-
isted They deny any notice whatsoever of any
corrupt action by the Supreme Court, or any
member or members thereof, and they distinctly
and positively deny that the order of the said Su-
preme Court was filed owing to the payment to
J. J. Wright of large sum of money, or of any
sum of money, by said Railroad Company,
through it's President or any other agent or agents
of said company, or by any other corrupt means,
or by any means used, done and procured to be
dent, or any agent or agents of said Company, or
SO far as these defendants know or believe, by
any person or persons whomsoever.
l3 That they do not know what course of ac-
ton has been determined upon by the present
board of County Commissioners for York coun-
ty but that they submit that 1t is the duty OF the
said board to issue their warrant for the collec-
ton of tax to pay the coupons matured and
maturing on said bonds. And they deny that
said County Commissioners have no legal power
r;f fp
collection Of snid tax.
Wherefore the defendants demand judgment
and pray that the complaint be as to them dis
SIMONTON g. BARKER,
Defendants Attorneys.
SOUTH CARoLINA-CHEsTER COUNTY.
Personally appeared before me, A. H. Davega.
John J. Mcclure and John s. Wilson, who, on
oath, say that the foregoing answer is true of
their own knowledge, except as to the matters
lief and as to those matters they believe it to be
true A. H. DAVEGA,
JOHN J. McLURE,
J. 8. WILSON.
1878. C. G. MACoY, Clerk c. G.
James F. Hart, Esq, representing the
Railroad Company, read the following an
swer:
The Chester and Lenoir Narrow Gauge Rail
road Company, a corporation existing under the
laws Of said State implicated in this action with
the National Bank of Chester, 8. c., the county
of York, A. II. Davega and others, by James F.
Hart, their attorney, answering so much or the
complaint therein as said corporation is advised
it is material for it to answer, says:
/. That said defendant, its officers or agents,
have no knowledge or information as to whether
all tie persons named as plaintiffs in said action
are citizens and tax x-payers i'll York county or
not, as alleged in section of said complaint.
1. l.. l1ce,. tke ktn ann
tanned in section 2 of said complaint; and ad-
mits so much of the alegationsin in section there
of as alleges the execution and delivery to this
defendant of one thousand bonds of York coun-
ty, in payment of a subscription by said county
Of one hundred thousand dollars to the capital
stock of the said Chester and Lenoir Narrow
Gauge Railroad Company; and further admits
that the bonds and coupons so executed and de-
livered, were Of the form alleged by plaintiffs
But this defendant further alleges and sets FORTH
that although the bonds in said form were de-
livered in payment of the said subscription about
the time therein named, yet that the Inscription
for and in behalf of York county, was duly made
and promulgated, at a regular meeting OF the
board Of County Commissioners of and tor York
county, on the 18th day of April 1876, which said
subscription, made as aforesaid, and accepted by
this defendant, as appears on the record OF said
board, is in the manner and form following, viz:
Whereas, the General Assembly of South Car
lima, did, by an Act approved February 25th, A.
D., 1873, incorporate the Chester and Lenoir Mar
row Gauge Railroad Company, and did authorize
the said Company to construct narrow gauge
railroad from the town Of Chester by the way of
Yorkville, to some point on the line dividing the
State of North Carolina and South Carolina, in
the direction of Dallas, in the county of CASTOR,
in the State of North Carolina; and whereas, by
section IL of said Act, it is declared "That it
shall be lawful for any county or town interested
in the construction of the said Chester and LIE:
nor Railroad, to subscribe to the capital stock of
said Company, or of any Company with which it
may consolidate or unite, such sum as the people
or proper authorities of such county shall deem
best, determine and authoriZe;''
And whereas, it is manifest to us that the coun-
ty Of York is greatly interested in the construc-
ton of the said Chester and Lenoir Railroad, as
valuable and much needed internal Improvement