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

issuing Cn0 SalQ PRETENDED uOnQS, ana Cne COm-
plant therein having been dismissed in the cir
cult court, and upon appeal taken to the supreme
court, order having been filed in that court with
the concurrence Of two of the Justices thereof,
that is to say, the Honorable F. j: Moses, Chief
Justice, and the Honorable J. j. Wright, Asso-
ciate Justice, in the following words: "In this
case it is ordered that the motion be dismissed"
But the plaintiff submits that not having been a
party to the said action, the said plaintiff is not
bound, precluded or estopped by reason of any
matter or thing determined in said action, If, in
fact, any matter or thing pertinent to the issues
raised was so determined and the plaintiff fur
referred to, being at issue upon appeal in the said
supreme court, after full argument at the bar of
said court. at the November term, A. D., 1873, a
formal consultation of the Justices of said Court
was duly had to consider and determine the same,
at which all the justices were present, and it was
thereupon, after mature consideration, deter
mined with the concurrence of all the said JUS
tices that the decree of the circuit judge was err
roneous in law, and that the judgment OF the said
supreme court should be to reverse the said de-
cree, and to grant perpetual injunction, enJoin-
ing the said County Commissioners from issuing
said bonds; but that thereafter, to-wit on or
about the - day of January, 1874, the said
Chester and Lenoir Narrow Gauge Railroad Com
pany, through it's President, the said defendant
A. II. Davega, and his agent or agents, by the
payment of large sum of money to the said j:
j. Wright, one of said justices, and other corrupt
MEANS falsely and fra,idulently procured the or
der above set forth to be filed in the said Court so
that the plaintiff submits that If any matter in
volved in the issues in said action was deter,
mined by said order, the said determination and
order and any judgment in said action, were and
| are fraudulent and void.
XII. That the said defendants G. L. Riddle,
w. J. Stephenson and Robert Hays, are the
| County Commissioners of York county, and
that they the said County Commissioners, are
about to levy and issue their warrant for the col
lection of tax upon the property of the relators
and other citizens of York county to pay the said
pretended coupons.
| NIII. That the said County Commissioners
have no legal power or authority to levy or issue
warrant for the collection of said tax; and that
| the collection of said tax would be contrary to
law and work irreparabe injury to the relators
| and all other citizens of York county.
| Wherefore, the plaintiff prays judgment:
| ]. That an account may be taken by and under
the direction of this Honorable Court, of the said
county commissioners to the defendant, the Ches-
| ter and Lenoir Narrow Gauge Railroad Compa.
n.y. and Of such Of said pretended bonds and
coupons as are now held by the said Company
and the other defendants to this action.
2. That the said pretended bonds and coupons
be adjudged to be illegal and void, and not bind
ing obligations of York county, and that the said
defendants, respectively, be adiudged to deliver
up the same, to be cancelled and destroyed.
| 8. That the said defendants, their agents and
servants, be perpetually enioined from selling,
negotiating, using, or disposng of the said pre-
| tended bonds and coupons, and from bringing or
prosecuting any action or actions thereupon
| against York county: and that in the mean time,
| until the final determination OF this action, the
said defendants, their agents and servants, be en-
joined from doing or committing any of said
| acts.
That the defendants the county commissioners
of York county, be peroetualy enjoned from
levying or issuing any warrant to collect any tax
| for the payment of the said pretended coupons !;
| and that in the mean tina, until the final deter
mination of this action, they be enjoined from
| lpyv N
tax.
| And for such other and further relief as may
he just and necessary, together with the costs OF
this action. LOUIS LECONTE,
PATTERSON g. GASTON,
| Plaintiff g Attorneys
STATE OF SOUTH CAROLINA, ..
| YORK COUNTY. '''
John r. London, being duly sworn, says that
| he is one of the relatorS above named that the
complaint is true of his knowledge, except AZ to
| matters therein stated on information and belief;
and as TO such matters he believes it to be true.
The defendant further says that he knows the
facts stated in paragraph 1 of the complaint to
be true. That as to the material facts stated in
paragraphs III, VII, and VIII his knowledge is
| derived from the sworn Suggestion filed in GER
Court of the State by the defendant, John L. Har-
ris, against the County Treasurer Of York, seek
ing to enforce the payment of interest upon the
said pretended bonds therein referred to that
|
| own knowledge, except the allegation that tue
people Of York county were opposed to such
subscription, which is made upon common infor-
nation and notoriety, and the allegations that the
County Commissioners, being thereunto induced
by the said Railroad Company, or its agents. un
| dertook themselves to subscribe the sum of $780,
| 0tO TO the capital stock of said Railroad Compa-
ny, and to issue the said so-cal led bonds of the
| based partly upon common notoriety and partly
upon the sworn Suggestion above referred to !;
| that the allegations of paragraph TX are made
upon the information Of others; that the allega-
tions of paragraph X as to the knowledge of the
| defendants concerning the manner in which said
| pretended bonds were issued, are made upon the
ground that said defendants were at the time res
| dents and citizens of York county, and must,
therefore, have had knowledge of said facts, and
| that the other allegations of said paragraph are
based upon the fact that proceedings were actual
ly instituted in behalf of some of said defendants
| in respect of said pretended bonds and coupons,
| that further proceedings have been threatened.
| and that large numbers of said pretended bonds
| have already been negotiated and placed upon the
market. AS to paragraph XII, deponent has de-
| rived his information concerning the allegations
thereof, as far they are not matters OF record
from the testimony taken before the Commission
appointed by the Governor TO investigate the in
debtedness of York county, and from the report
of said Commission; and as to the allegations of
paragraph XII, the depOnent makes the same
| upon the ground that the said County Commits
sioners did issue their warrant for the collection
of such tax during the last ,dsS tiSes year. onnon
| Sworn to and subscribed before me, this 4th
day of April, 1878. s. M: FEwELL,
Trial Justice
Upon the above complaint, properly veri
fed, on the 9th of April, 1878, Judge Hud
son ordered the defendants to show cause be
fore him, on the 18th of April, why tempo
rary injunction should not be granted, enjoin
ing the sale or disposition of the bonds and
coupons referred to, during pendency of the
action, and the County Commissioners from
levying tax for the payment of the coupons
during tendency of the action.
Mr. Simonton, counsel representing guaran-
tors, read the following afidavts:
THE SrATEoF SOUTH CARoLINA-YoRK COUNTY.
Before me personally appeared H. K. Roberts
and w. B. Allison, late County Commissioners Of
York county, who, on oath, say that they were the
| County Commissioners of said county when the
| subscription was made to the Chester and Lenolr
Narrow Gauge Railroad Company. That at the
| public meeting held at Yorkville, on the 7th day
| of April, A. D. 1873, which was largely attended,
and in which the interests of the taxpayers Of
| York county were fully represented, the question
of subscription on the part OF said county to the
| Chester and Lenoir Railroad Company was thor
| oughly discussed, and such subscription mani.
| testify met with the approval of the meeting
whereupon resolution was unanimously adopt
ed expressive of this approval, requesting that
vote of the county be had thereon. That this ac-
ton of this meeting showed the opinion and wish;
es OF the people of the county, and that the board
of County Commissioners having been informed
thereof and being satisfied, after careful consid-
Grafton, that they had the right of themselves
to make the subscription, and that their constitu.
ents would approve this act done in the lawful
exercise of their authority, and being unwilling
at season Of the year in which all the people were
busy in their work to call them off for popular
election which was not necessary, and especially