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

the iIJar.i whom ! served to endorse ON
such claims ''rirrici," and they were
hi"d away Whether the view Di the
law as taken by us was correct or not, is
fur the Supreme Court to say. We
claimed no credit for anticipating u de-
| ci>ipn of the supreme Court, filed lDth
January 1881, bStcndvrii vs. County
Commissioners of Charleston, II s. c.,
| GO wh"r" the Suprcn" Court say '"rhe
Board Of County Commissioners il one
Of the most important agencies created
by the Constitution Of 1865 II il the To-
cni administrative body Of the County.
botl. to contract and rrovih: payment,
&c.
~, tlni- appears tliat the County Com.
iui-sDncrs are the legally constituted
a.:"uts "i the County, and ~ such make
a.! estimate, and Disbursements for tUun-
u purposes. They ar" supposed I" know
best the needs AMI iHraris of tho County,
and ~ they are charged with the duty Of
!iuuidatiig 50 they alone are given the
power Ia contract Comfy obligatiOni.'
In September, ISL acting under appw"r
al Attorney for Il icw tax payers, Mc>srS.
Brown aud Tiihblc appeared before The
present Board and asked them to rc.cind
lhcir action. on the ground among other
things that the former Board had rejected
the clam ~, not u legal claim against The
county Testimony MAS taken, ann il
was not pretended that 'hc County Com
inisSiniIrrS Of Anderson County had any
knrw!cig" that Surh :, fcnrc VAS being
bIilt at their cNr"ns" WAS ever consul
ted about II, or "N,r gave thcir consent to
any such an arrangement.
Nr. Iir"n/" iln SAYS The act uf the l.cgis
laiurc !Inl mad" ti" a'cOun, u liability Of
tho County, AMI the Board SAW 10 other
alternative but to pay, or engage ina iaw
suit which would have run the County TO
r"noiirrahl" costs, and doubtless wOuld
Al = 81
lawyer, an! this j. his opinion. Perhaps
i, has never occurred to Mr.. ErCaZcaic II
would he less expensive on the County
tn engage in Il Law salt in this matter
| than it would b" for The Board to defend
themselves III Il suit on their Bonds for
taking The funds Of tn" County and ap-
plying ii in payment of the local concerns
ni l'ick"nS County, especially when the
law says, Acts i-7j, See. lo, no a.
lnwnncc or payment beyond legal claims
shall ever l." allowed" Nr. We have seen
that the County Commissioners ,iour
! Hro given the power To contract County
obligations Then il the Legislature
contracted County Obligation, making
| il Il legal claim which the Comfy is bound
10 pay whether Ecr constitutional agents
SAY so or not, Mr.. BrcaZea!c is right, and
the Supreme Court is wrong. Tho SI-
rrGine Court went further and said: ~.
would necessarily l"nd To- confusion To
allow ono oflicin! who may not bc II cti-
zen To make by a single order contracts
binding upon tho County, and thus To
| administer their local affairs without the
| checks imposed by tho law, and without
| the knowledge, consent or request, of
| those upon whom the duty aid RESPONSE
bility are imposed The decisions made
no impression on the Board, for they
were convinced against their Will.
| had never heard before Mr.. Brrazralc
gave us his opinion that tho Legislature
| WAS contracting power for tho several
Counties had heard they could max y
laws, but never that were the corporate
| agents to manage the local concerns oi
| the respective Counties How the world
does move! There is another case, Ed
| nnnstun vs. County Of Aiken, $. G..
| 622, i'll which the court hold That the
County Commissioners alone can make u
| contract binding on the County" think
| SAW IL case reported - few days ago,
| ltirh!and w. Miller. in which the Court
| held that County Commissioners alone
can make Il contract binding Oh the
County, and then only when within the
scope Of their agency. Mr.. Bre:Zcale is
| somewhat AHEAD of the Supreme Court,
! or /. Is y little ways behind Mr.. Breazcalc.
In conclusion. Mr.. Editor, as to this
| tempest III the tea pot" The fact Of the
business is Mr.. BrcaZcalc ought not to
have put his tea pOt'' on the tire, and
then invited, AZ it were, some one to put
| on fuel to makcit boil. Perhaps the only
difference between us is that the contents
were Il little Too Mim, AMI put OH IL little
moro fuel than was anticipated, and lO, u
| tempest 'in Il toa pot 'bniy tliS and
nothing more j. l. TRIBnLE.