The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1879-01-09

sections of the said resolution ? They
ought not to be extended beyond their
ordinary sense in order to comprehend a
case within their object; for that would
be to give effect TO an intention not cx-
pressed. Broom's Legal Maxims, ZIG.
When the Jurisdiction is sharply de-
lined. and i'll so many words, what place
can there be for the exercise of cunstruc-
tive powers? In regard to the grant OF
power here expressed, the rule that the
express mention of one thing implies the
exclusion Of another, may fitly apply.
Broom, l.. NJ, 27e.
In connection with the consolidated
bonds the only matters mentioned are the
vol chers.
The question is not whether the con-
solidated bonds, coupons and certificates
of stock are valid, but whether they are
valid AZ issued in accordance with law,
and authorized to be consolidated by the
act of the General Assembly, or as stated
i'll the 9th section Of the resolution, ito
test the validity of tho said consolidated
bonds, coupons and certificates of stock,
bringing before the Court the various
classes Of vouchers which it is alleged
impair the validity Of the bonds, coupons
and certificates of stock.
For the Court of Claims to hold that
the act of A. d. 1873 is conclusive by
compromise or otherwise Of the validity
of the bonds, coupons and certificates of
stock, because the securities to be con-
solidated are enumerated in the irst Sec
tion of the act, is an end of the case.
Such question could be made before
a court OF general Jurisdiction. This
question is not submitted by the resolu.
tion to the Court Of Claims, nor does it
touch the point presented by the first
and ninth sections. The plain intention
of the resolution is to ascertain if the
various public securities set forth in the
first section of the Act of A. ID. 1873,
called vouchers in the report of the Bond
Commission, were issued i'm accordance
with law, and authorized to be consoida-
ted by the act. If so, then the consoli-
dated bonds and certificates of stock,
taken IN exchange tUi the vouchers and
resting on them, were 10 be held and ud-
Judged valid debts. Ii these vouchers
were adjudged not issued in accordance
with law, then the bonds and certificates
of stock resting on them were to be so
held in view OF the resolution, and were
not authorized TO be consolidated
spite their consolidation by the Act of
"A. -. 1915.
BY the resolution of 9Th June, 1877,
the Bnnd Commission is directed to make
IL complete investigation. First, of the
entire amount of consolidated bonds
issued under the Act of A. D. 1878, with
particulars thereof. Second, Whether
there is in the State tTeasurer's office, on
Gle rs vouchers, cancelled bonds, cou-
pons and certificates of stocks of the
issues described, issued in accordance
with law, and authorized to be consoIi-
dated by the net above recited to the
amount required by the said act," A. ID.
1877, p. 3l9.
Two inquiries are by the second para
graph of Section 2 imposed upon the
Commission. The first, as to the vouch-
ers if they are of file in the treasurer's
office. Second, as to the amount required
10y said act, that is the amount specified
therein upon recital.
Keeping in mind these instructions
given to the Com mission, with those
given to the Court of Claims. by the
resolution of the 22d of March, 1878, in
Sections and 9, cun there be doubt of
the duty or service to be rendered by
this Courtf namely, an examination of
the vouchers exchanged for consolidated
bonds.
1t is evident the Legislature Of A. D.
1876 and 1877 did not conceive itself
bound by the former action of the snme
body, and felt itself at liberty to 20 be-
hind the legislation of i.s predecessor.
The prUprietv of this is not before the
Court.
That the above construction is 10 be
placed upon the resolution is other wise
clear. Why should the Legislature refer
TO special tribunal the question to test
the validity of the bonds and certificates
of stock, ii the validity of these securi-
ties were regarded as established by the
Act of a. u. 1878? Why designate to
the Court, il the bonds and certificates
of stock were valid debts under said act.
the futile inquiry, if they were valid
debts as resting on vouchers or securities
which were invalid as not being issued
according to law? The report of the
Bond Commission assails the validity of
the consolidated bonds and certificates of
stock upon the ground that they rest
| upon insufficient or invalid securities.
securities which were not debts, and this
position is not changed or enlarged by
the resolution which creates the Court of
Claims and refers to the report.
This view of the jurisdiction and pow
er of the Court of Claims disposes of the
several propositions of the plaintiffs.
The second aiiirms, "The consolidation
act creates contract between the State
and every holder Of her debt cepting
The terms thereof whereby, in Lonsdera-
tion of mutual advantages, n compost
tion Of their claims was made, which is
final and conclusive"
| No opinion is expressed, nor Intended
to be, ef the force and effect of this
proposition. 1t is enough to say the
| question presented il outside of the rcso-
luton, aud not fnnnd in its words or in
tent without departing from the ordinary
meaning of language.
1t is manifest that the third PROPOSE
tion of the plaintiffs, Because the State
by her action otherwise has preclrded
herself from denying the obligation OF
any OF the debt recognized as valid in
the consolidation act" comes within the
reasons above stated, and cannot be con
sidered by the ,dlrt.
The first proposition Of the plaintiffs
that "the consolidated bonds are coupon
bonds payable to bearer, that is to say
negotiable instruments in the hands oi
bona fide holders for value before matu.
rity," is not within the scope of the res.
olution, but may be modified to express
the real question.
The proposition stated affirm atively is
that the vouchers, that is ''the cancelled
bonds, coupons and certificates Of stock y
in exchange for which consolidation
bonds and certificates of stock werr q ~
were issued in accordance with r ..d
authorized to be consolidated by the Acl
of 1873, and (the vonchers) also as issued