Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1880-04-08
The U. S. Marshalship.

- The Washington correspondent of the
Charleston Neps and Courier, under date of
Friday last, says:
The nomination of Col. Robert M. Wallace
for United States marshal of South Carolina,
recommitted at the instance of Senator But
ler for the purpose of having before the com
mittee his reasons for opposing confirmation,
remains undisposed of by the committee:
There can be no doubt, however, that it will
be reported adversely and rejected by the
Senate. Senator Butler has already address.
ed the committee on the subject and at the
request of Senator Edmunds, will do so more
fully when Senator Thurman's health i'm.
proves sufficiently to enable him to attend its
sittings. 1t is known, from their own state.
ments, that few Republican Senators will
vote against Wallace's confirmation, and
believe the adverse sentiment is partly
based upon the .supposition, whether we'll
founded or not, that bis nomination is part
of the plan for securing the vote Of South
Carolina delegates to the Chicago Convention
for John Sherman for: President. This does
not exactly meet the approval of Grant men.
who think there are quite as good men from
whom to select, who are not ardent friends
of Sherman 1t is not known who will be
nominated after Wallace's rejection, but |
find 7. B. Johnston is commended by Repub'
licans for his conduct in refusing to eat
dirt at the demand of the Legislature on
memorable occasion, and for his general good
character. The South Carolina Senators will
not commit themselves in advance of such
nomination, whether they will allow it to be
confirmed or not That Johnson friends are
alive to his interests goes without saying.
The York County Bonds.
-- The following is synopsis of the opin-
ion of the Supreme Court, in the case of "The
State er rel. Brown ct al. Us. the Chester and
Lenoir Marrow Gauge Railroad Company"
The opinion was rendered by Chief Justice
Willard, which was concurred in by Asso.
ciate Justices McIver and MCGOWAN:
This was an action in the name of the
State upon the relation of certain citizens and
tax payers of York County, to have certain
bonds for the payment Of money issued in
the name of the County Of York, declared
null and void, as issued without due authority
oflaw. The defendants are the Chester and
Lenoir Railroad Company, to whom the
bonds in question we're issued, certain per-
sons claiming to have some right or interest
in the said bonds derived from the Railroad
Company, subsequent to their delivery by the
county commissioners to such Railroad Com
pany, and the county commissioners of York
county, who issued the bonds.
The leading question in this case was,
whether the previous decision of the Court in
the case of Glenn vs.. the county commission
ers of York county, which was brought prior
to the issue of such bonds, and while such
issue was in contemplation, to test the author.
itv of the county commissioners to issue said
bonds, and to restrain their issue by injunc.
ton, wherein judgment was rendered dismiss.
ing the complaint, and affirmed on appeal,
is not an estoppel and binding on the parties
plaintiff herein.
The Supreme Court decides in the afirma.
tive, and the circuit decree in the case of
Glenn vs.. the county commissioners was de-
,ision upon the merits, and in its nature final
and conclusive, and bar to the present
action.
The Court further says: That it is compe
;ent for the Legislature to confer upcn the
people of county power to incur obligations
binding upon them as community, unless
forbidden by the Constitution, and that there
8 no constitutional restriction depriving the
Legislature of the power of authorizing coun-
les to incur obligations
Messrs LeConte, Patterson and CASTOR, for
appellants; Simonton & Barker, Hart, With
'rspoon & Spencer, j. & j. Hemphill for