Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1878-01-31
Gunntg Affairs.
The BONDS OF YORK COUNTY.

THE BONDS OF YORK COUNTY.
Report Of the York County Investigating
Committee.
To the Honorable, the Senate
and House Of Representatives
The Commission appointed by bis Excel
lency, the Governor, to investigate and ascer
tain the public debt of York County, report
That there appears to be no county indebted
ness beyond current expenses, unlesss certain
bonds, issued by the County Commissioner
of said County to the Chester and Lenoi
Railroad Company, constitute debt of th'
county. The bonds in question were issuee
to the amount of 100000. Eight Thousand
dollars have been retired, with 1000 hal
yearly coupons, and 1924 yearly coupons, il
pursuance of the provisions of the act OF 1870
directing a special tax to be levied to retire
annually, $4,000 of these bonds
There is now outstanding $92, 900 of bonds
with coupons attached. Of this sum, abou
5000 are pledged as security for the pur
chase of railroad iron, and 81 300 haye beer
delivered to the County Commissioners, to bt
retired when paid. The County Treasurer de
clines payment, under instructions OF the
Comptroller General.
The average realized from sale of bonds
has been about rs per centum. For particu
lars, we refer to the statement of the treasu
rer of the company and of the clerk OF Yorb
court.
These bonds were issued in pursuance of 9
subscription, made on April 18th, 1873, BY
the County Commissioners of York County
for and in behalf of the county, under au
thority, as they claimed, of the 18th section
of the act Incorporating the company. 1t was
made by bonds, redeemable iu 20 years from
date of issue. The act of 1875, directing the
retirement, annually, of $4,000, alters the con-
tract made by the commissioners and en-
forces payment of that much Of the princi
pal before it is DUE .....
The operative words of the 18th section,
are that it shall be lawful for any county in
terested in the construction of the road ito
subscribe such sum and to be payable in such
manner, as the people or proper authorities Of
such county shall deem best, determine and
authorize"
The said 18th section is copy of sec
tion in the amended character of the Air
Line road, under which charter the question
of subscription was submitted to the people in
the counties of York, Union, Spartanburg
and Greenville, through which the road
passes. A popular construction, had, there:
fore, been given to the words proper author
tiles, " and the Legislature, in subsequently
granting the Chester and Lenoir charter,
must have intended that the words "proper
authorities" should be taken in the sense in
which they were then understood. Whether
the Commissioners had authority to make this
subscription and bind the county as stock
holder, without the consent of the people, is
a question of much interest in York, both on
account of its magnitude and Of the princi-
pies involved.
Before the subscription was made, public
meeting of citizens was held in 4orkvilte, du-
ring court week. 1t was large and respect
able one. 1t was resolved, without any objec.
tions from any one, a
s.That the County Commissioners of York
county, be requested to submit to the voters OF
York county, on the goth of May next, the ques-
ton of subscription, by said county, of SlO0,
600 to the capital stock of the Chester and Lenoir
Railroad Company"
Judge Mackey addressed the meeting, and
urged the people to vote the subscription.
He also expressed the opinion that the Com.
missioners were authorized, by law, to make
the subscription.
The witness, Hullender, testi6es that he
was present when the subscrip ption was agreed
upon by the Commissioners; that Judge Mack
ey (who had been sent for) informed them
that they had the power to subscribe, or they
could leave it to the electors as they chose !;
that Roberts, one of the Commissioners, re-.
marked they would not have an election the
people were opposed to subscribing it would
cost great deal of money to have an election;
that Judge Mackey then said, 60 ahead and
put it on them anyhow-they had the power
to do so.
L. M. Grist, who was also present, testi-
6es that he does not remember that Judge
Mackey used those words, [''put it on them
anyhow or any words similar to them.
Daniel Williams and M. L. Owens, men,
bers of the Legislature when the Chester and
Lenoir bill was passed, testify that they
both understood the question was to be de-
termined by the electors, and that Ratchford,
q member from York, who introduced the
bill, also 80 understood its provisions.
To test the question. proceeding was had
by certain citizens and taxpayers of York,
before his Honor T. j. Mackey, Judge of the
circuit 1t was entitled Glenn and othera U.s.
County Commissioners of York County. The
question in the case was whether the County
Commissioners we're, in the the sense of the
act the proper authorities to make such sub.
scriptions without the consent of the people.
His Honor had formed and expressed his
opinion in the matter at issue, in speeches at
York and Chester; he had, himself, intro.
duced resolutions, at a public meeting at
Chester, declaring that "the Commissioners
had full power and authority vested in them
by law to make the subscription within
their discretion ;" he had been consulted by
the Commissioners of York before they deter
mined to subscribe, and had instructed them
that they had the power to make it. With
the case thus preiudged, he sat in judgment
and sustained, by decree on the bench, what
he had proclaimed on the rostrum.
From the decision of Judge Mackey, the
plaintiffs appealed to the Supreme Court.
The action of the Supreme Court is de-
scribed by Chief Justice Willard, then AS
sociate Justice. He testi6es, in answer to the
question whether there was a consultation
after argument in the case, and what was the
the result, as follows:
I'm answering this question, 1 shall be
compelled to rely upon memoranda made at
the time in my diary, in which it was my
custom to enter the results of consultation.
Referring to the entries made at that time, it
would appear that as the result of consulta.
ton. the members of the Court determined to