The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1882-09-28

the Board whom served 10 endorse on
such claims ''r,j"rt"i,' and they were
filed away Whcthcr the view OF the
law as taken by Us Was correct or not is
for the Suprcmc Court TO say. We
claimed no credit for anticipating de-
ciSiDn Of the supreme Court. flied l0th
January 1881, DStcndUrtf vs. County
Commissioners of Charleston, II :. c.,
C2o whore the supreme Court say ''The
Board of County commissioners - ono
Of the most important agencies created
hy the Constitution oi lsGS II is the lp.
cal administrative body Of the Comfy.
both to contract and provide payment"
dc.
~, thu, appears that the County Com.
n;issioncrs are the legally constituted
agents of the County, and ~ such make
AL estimate, aui Disbursements for Coun.
Is purposes. They are supposed 10 know
best the needs and means of the County.
and ~ they are charged with the duty OF
!iIui'latIng, 50 they alone are given the
power 10 contract County ObligatiOns.'
In September, ISL acting under nppwcr
ui Attorney for a icw tax payers, Mc>srs.
Brown aud Tribbl" appeared before the
present Board aud asked them to rcscind
their a"tion. on the ground among other
things that ia" former Board had rejected
tho claim ~ not Il legal claim against the
County. Testimony Was taken, and il
was not pretended that tho County Com
iuis~iuncrs nf Anderson County had any
knDwlcdgr that such \ fence VAS being
bIiIt nj their cNpcnsc--was ever CONSUL
ted about il, or ever gave their consent to
al" such an arrangement
Mr.. IircaI".tlr saws the act of the I.ogis.
laturc had mad" the accoun, Il liability Of
tho County. AMI the Board saw no other
alt"rnatiN" but to pay, or engage III Il iaw
suit which would lave run the County to
considerable costs, and doubtless would
hav" il to pay at last" Mr. Brcazcalc is Il
l..,,
! il has never occurred to Mr. BrcaZcaic 1t
would be less expensive on tho County
| to cl.,ngc IN Il law suit in this matter
than it would be for the Board To defend
themselves H. 4 suit on their Bonds for
taking the funds Of tho County and ap-
| plying 1t in payment of the local concerns
"i fickcnS County, especially when the
law says, Acts $50, See. ~, NO a.
| lowancc or payment beyond legal claims
shall eyer b" allowed" &c. Wchavc seen
| that til" County Commissioners ufon,
arc given the power to contract County
obligations" Then il the Legislature
| contracted County obligation, making
it Il legal claim which tire County is bound
to pay whether Ecr constitutional agents
say so or not, Mr.. BrcaZcale is right, and
the Suprrnle Court is wrong. Tho Su-
prone court waut further and said: 1T
would necessarily lead To confusion to
| allow one oilicia. who may not DO Il citi-
zen 20 make by Il single order contracts
| binding upon the County, and thus tG
| administer their local affairs without tho
| checks imposed by the law, and without
the knowledge, consent or request, o
those upon whom the duty and RESPONSE
| bility are imposed" Tho decisions mad
no impression on the Board, for they
were Convinced against tlicir will.
! !idi, iiI,r iiriiI,i nuiorc IIr. jrraZral Il
gave us his opinion that tho Legislature
was contracting power for tho several
Counties. had heard they could max,
| laws, but never that were the corporate
| agents to manage the local concerns ol
the respective Counties How the world
does move! There is another case, I'D
monStun Va. County Of Aiken. Ii :. Z.
G2!2, in which the court hold That the
County Commissioners alone can make d
contract binding on the County" think
! saw Il ease reported q few days ago
| Itrhlnnd w Miller. in which the Cnur
held that County Commissioners alone
County, and then only when within tho
sOuIcw hat ahead pf the Supreme Court
or it is - little ways behind Mr.. Breazcale
In conclusion, Mr.. Editor, rs To this
tempest i'll the 'tra pot The fact Of the
business is MIR. lIrcnzcalc ought not tC
have put his tea pot OH the fire, and
then invited us it were, some one To pm
on fuel To make it boil Perhaps the onl y
difference between lls is that the content.
were Il little Too Min, AMI put on little
moro fuel than WAS anticipated, and lO, ;
tempest "in a tea pot" only this ant
nothing more" j. l.. TtIBBLE.