The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1879-01-09
THE BOND COURTS DECIsl0N.
Text of the Elaborate Opinion of Judge
Thomson.


Text of the Elaborate Opinion Of Judge
Thomson.
The opinion of Judge Thomas Thorn
son in the test cases before the Court Of
Claims is as follows:
The State of South Carolina, County OF
Richland-Court OF Claims.-Francis
]. Pelzer ct al, plaintiffs. VS.. the State
of South Carolina, deiendaut-Com-
plant on Coupon of Consolidated
Bond.
Suits were brought in the above case
and others on coupons of bonds consoli-
dated under the Act of Assembly A. D.
1873, alleging that they were not paid
according to their obligation.
Answers were filed in all the cases,
containing numerous grounds of defence.
In number of the cases "the defences,
however, were nominal" The plaintiffs
proved their ownership of the bonds and
traced from the bonds their ownership
of the Cancelled bonds, coupons and
certificates of stock" which had been in
their possession or in those from whom
they derived their right. In such cases
judgments were given for the plaintiffs.
But defences were made to bonds by
far the largest in number and amount,
alleging they were obnoxious to one or
more of the charges Of illegality con-
tanned in the specifications of Schedule
No. 6 of the Bond Commissions report.
The case above stated, and more, were
issued upon coupons of bonds regarded
as subject to the objections made by the
Bond Commission, and trial was had OF
them as test cases.
The pleadings--testimony taken in
New York-paroi testimony and numer-
Gus documents, with arguments Of coun-
sci, were submitted to the Court in said
cases.
1t may be proper to state briefly the
legislation which established the Court
of Claims and brought these cases before
it. By joint resolution. passed on the
2lst day of March, A. D. 1878, the Leg
islature provided mode of ascertaining
the debt of the Stale, and of liquidating
and settling the same, A. A., 1877, p. 669.
This Joint resolution was, it seems, the
result of prolonged discussion in the
Legislature upon the report of Com
mission appointed to investigate the in
debtedness of the State under joint
resolution approved Sth June, A. D.,
1877. A. A. 1877, p. 3lS.
This Commission was raised to make
a complete and thorough investigation Of
certain matters, amongst them, "Whether
there is inthe State treasurer's Office on
file, as vouchers, cancelled bonds, cou
pons, and certificates of stocks Of the
issues described, issued in accordance
with law and authorized to be consolida-
ted by the act above recited to the
amount required by said act, and with
power to the Commission, should it Gp-
pear in the course of the investigation.
that any of said bonds, certificates Of
stock or coupons have been illegally or
otherwise improperly issued, to report
the same, together with the evidence
upon which the illegality or non-con-
formity to law rests"
Acting under said authority, the Com
mission made their report, and found that
S5,1S4,062 Of bonds were issued in ac-
cordance with law, and authorized to be
consolidated under the act of A. D. 1873.
They fnrther reported there were
vouchers remaining in the judgment of
the Commission not issued in accordance
with law, and authorized to be consoli-
dated, amounting TO s., ,6OS,7l7.
The controversy was in relation to the
vouchers for S5,60S,7l7, called in the
Joint resolution of June, A. D. 1877,
Cancelled bonds, coupons and certifi-
Gates of stock; :" whether these were
issued in accordance with law, and au-
thorized to be consolidated.
The cancelled bonds, cou-
pons and certificates of stock"-o6jected
to in the report of the Bond Commission,
are fully set forth therein. Schedule No.
6, appended to the report, describes with
minuteness the securities issued as al
legged not in accordance with law.
The question as to the validity of these
vouchers was submitted to the Court of
Claims, according to the resolution set
! forth below.
1t is obvious that an important and
! primary Inquiry is, What is the power of
\ this Court? or what is the duty required
By the Legislature at its hands?
The Court of Claims is special in char
acter and possesses the powers of Cir
cult Court only in relation to the subjects
designated in the resolution and submit
ted to it. The powers of the Court are
defined by the enactments creating II,
and outside of which it has no authority
sto act. These powers cannot be extended
by implication, nor can the Court assume
contracting powers-"powers not literal
Is given or necessarily consequent upon
those so given." McKinzie vs.. Ramsay,
! Bailey, 457.
, And inasmuch as the Court exists only
by legislative authority, reference must
lie had thereto to ascertain both the ex-
isnt of power and the objects to be &C
ibmplished.
: The resolution provides list Section)
That said Court shall "have jurisdiction
to hear and determine any case or cases
made up or brought to test the validity
Of any of the consolidated bonds, coupons
and certificates Of stock, or any of the
;arious classes of them, mentioned in the
,aid report of the Bond Commission as
;estino on vouchers not issued in accord
',nce with law, and authorized to be con-
,oidated by the act of the General As
..embly, approved December %, 1878, en-
tiled 'An act to reduce the volume of
he public debt, and provide for the pay
nent of the same;' and also as not issued
n accordance with law, and further de-
,ignated in Schedule of the said report"
That which is plain needs no interpre-
alton. The validity of the consolidation
aonds, coupons and certificates of stock,
9or any of them, as resting on vouchers
lot issued in accordance with law and
authorized to be consolidated by the act
,f Assembly of A. D. 1873, is to be tested.
At the elose of the same section, as if
90 place the intent beyond doubt, are
added the words, "And also Us not issued
That is the cancelled bonds, coupons and
certificates of stock) in accordance With
law, and further designated aud described
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