The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1879-01-09
PIE BOND COURTS DECISION.
OF the Elaborate Opinion OF Judge
Thomson.

HE BOND COURTS DECISION.
of the Elaborate Opinion of Judge
Thomson.
lie opinion of Judge Thomas Thorn
MI IN the test cases before the Cour, Of
ClaEnis is as follows:
Ife State of South Carolina, County of
sichland-Court OF Claims. Francis
PeIzer ct al, plaintiffs. vs. the State
pf South Carolina, dctendant-Com-
plaint on Coupon of Consolidated
lfDnd
hts were brought in the above case
AEN0thers on coupons Oi bonds c0nsoli-
sisted under the Act of Assembly A. ID.
asf8, alleging that they were not paid
secerding TO their obligation.
answers were filed in all the cases,
rs5slaining numerous grounds of defence.
number of the cases "the defcnces.
heHever, were nominal" The plaintiffs
proved their ownership of the bonds and
SfEeed from the bonds their ownership
OF the cancelled bunds, coupons and
ceT&ificates Of stock" which had been in
fhelr possession or in those from whom
llley derived their right. In such cases
engagements were given for the plaintiffs.
but defences wero made To bonds by
X litttetf eiiO iai SSoI III llulHUcT anu amount,
nlieging they were obnoxious to one or
more OF the charges of illegally con
ssained in the specifications of Schedule
no. OF the Bond Commissions report.
he case above stated, and more, were
5lIssned upon coupons Of bonds regarded
SaEys,lhJect to the objections made by the
fB0nd Commission, and trial was had of
tbsn rs test cases.
sIhe Neutrality-suspicious. taken in
New York-parol testimony and numer-
9Fus documents, with arguments Of c0un-
tas, were submitted to the Court i'm said
eeses.
AZ may be proper to state briefly the
beglslatiun which established the Court
sot Claims and brought these cases before
III By JOINT resolution. passed on the
Stst day of March, A. d. 1878, the Leg
lsiature provided mode Of ascertaining
the debt of the State, and of liquidating
asnn settling the same, a. A., 1877, p. 6G9.
his joint resolution was, it seems, the
result of prolonged discussion in the
legislature upon the report of n Com
mission appointed to investigate the in
debtedness of the State under Joint
yess'!I,ion approved S.n Iune, A. D.,
4SS7. a. a. 1877, p. 3I8.
his Commission was raised to max e
AGomplcte and thorough investigation of
CERTAIN matters, amongst them, "Whether
therc is i'll the State treasurers Office on
ale, as vouchers, cancelled bonds, cou-
sssss:,s, and certificates of stocks of the
Issues described, issued in accordance
with law and authorized 70 be consolda-
ted by the act above rected to tile
amount required by said act, and with
,;awer to the Commission, should it APP
nsar III the course OF the investigation
.>c r
asock or coupons have been illegally or
Otherwise improperly issued, to report
the same, together with the evidence
8upon which the illegality or non-c0n-
sfurmity to law rests"
Actng under said authority. the Com
mission made their report, and found that
10, lS4, ,062 of bonds were issued in ac-
seardance with law, and authorized to be
consolidated under the act of T. d. 1873.
s$ They further reported there were
Vouchers remaining in the judgment of
ssbe Commission not Issued in accordance
with law, and authorized to be consuli-
Gated, amounting TO $3,60S,717.
M The controversy WAS in relation to the
sy6uche.s for $3,608,717, called in the
jgint resolution of June, A. D. 1877,
cancelled bonds, coupons and certfi-
Gates of stock :" whether these we're
IL w,
thorzed to be consolidated.
8ss The vouchers--"cancelled bonds, cou-
ppns and certificates of stock"-objected
IN in the report of the Bond Commission,
Sdfe fully set forth therein. Schedule No.
20 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
fd1Fth below.
1T il obvious that on important and
primary inquiry is, What is the power of
stliis Court? or what il the duty required
BY the Legislature at its hands?
The Court of Claims is special in char
aeter and possesses the powers of Ii 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 eractments creating it.,
sNd outside of which it has no authority
t9act. These powers cannot be extended
by implication, nor can the Court assume
cpntracting powers-"powers not literal
US given or necessarily consequent upon
those . given" McKinzie vs. Ramsay,
q Bailey, 457.
And inasmuch Us the Court exists only
By legislative authl rity, reference must
hh had thereto to ascertain both the ex-
tent of power and the objects to be ac-
complished.
The resolution provides list Section)
that said Court shall "have Jurisdiction
so hear and determine any case or casea
made up or brought to test the validity
oE any of the consolidated bonds, coupons
aud certificates of stock, or any of the
1yarious classes OF them, mentioned in the
FEaid report of the Bond Commission as
ffsting on vouchers not issued in accord
Ance with law, and authorized to be con-
tulidated by the act of the General AS
sseinbly, approved December %, 1873, en-
~ led AN act to reduce the volume Of
Tie public debt, and provide for the pay
s4nnt Of the same;' and also as not issued
iIt accordance with law, and further de-
nignated in Schedule 6 of the said report"
M That which is plain needs no interpre-
tation. The validity of the consolidation
bonds, coupons and certificates of stock,
og any of them, as resting on vouchers
not issued In accordance with law and
authorized to be consolidated by the act
cE Assembly nf A. d. 1873, is to be tested.
AT the ella. of the same section, as if
SD place the intent beyond doubt, are
added the words, "And also as not issued
THAT is the cancelled bonds, coupons and
certificates of stock) in accordance with
law, and further designated aud described
iii Schedule of the said report" viz
the report of the Bond Commission.