The weekly Union times. [volume] (Union C.H., South Carolina) 1871-1894, 1888-12-07

.TowNsHIp RAILROAD BONDS OF 30 VALUE
Columbia, Nov vember 30.-The announce
ment to-day that the State Supreme Court
had decided against the consttutionality of
the township railroad bonds created intense
interest among tho lawyers and members of
the Legislature in Columbia and kilograms
were sent all over the State announcing The
fact. The action of the Court was unex-
pected to large majority of the people, aud
'tbc decision will probably develop more
C iticism than the famous married woman's s
..ats determination Of the same body. II
is not doubted that unless some legislative
remedy is applied a number of minor rail
roa!s dependent for progress on township
subscriptions will stop short
1t = found utterly impossible during
the CT part oftbe day to get an opportu-
nifty Nppyiug the opinions filed in the case,
so IL. did the lawyers monopolize the pa
pers an icagerly read them. The following
brief synopsis is all that can be given to-
night. Tic three opinions would probably
occupy a page and half of The News and
Courier
Eoyd ct 0t IS Perrin, TcGsurer-No. 3,222s
This case primarily involves the consttu-
tionaiiry of the Act Of December %, 1882,
and an Act amending the same, passed De-
cember "a, 1855, whereby power is given to
stock Of the railway company thereby
chartered, ond for that purpose townships
are declared TO be bodies politics and cor
porate, and with the necessary power to
carry out the provisions of the Act.
Under the provisions of the Act to town
ship known rs Nincty-SiX, III Abbeville
County, subscribed to the stock of the COM
pauy, the GrcLngillc and Port Royal Rail-
road company, the county commissioners rs
the agent of the township issuing the nee
essary bonds in payment of said subscrip
tion to meet the interest of which tax was
assessed and collected by the defendant,
treasurer of the county. This action was
brought by The plaintiffs, the taxpayers of
said township, under Section 2GS oil the Gen
eral Statutes 10 recover the amount paid by
them under protest, to.wit $500 05
The case was uicl u, Abbeyille, at Tic
February term Of the Court of Common
Pleas for Abbeville county, Judge Norton
presiding, who rendered his decree on the
18th of February 1888, adjUdsipg that the
aforesaid Acts arc constitutional and
void 50 far as they purpcrt to authorize
townships to subscribe TO the capital stock
of said railroad company; and also so far as
it puvports to incorporate any township or
townships and that the tax assessed and
collected to pay the interest On the bonds is
sued in behalfo of the township Ninety-Six is
illegal and should DC refunded.
The Supreme Court, the Chief Justice de-
liyering the opinion, decides that this Judg-
ment holding the Acts in question uncon-
stituiional on account of the absence of a
corporate purpose in the township incorpo- .
rated, and the tax assessed and collected IL
legal and should be refunded, should be
affirmed. Judgment affir med accordingly.
McIvcr, \. j., concurs fully with the
Chief Justice that the Act in question is un-
constitutional for the reasons presented in
his opinion and expresses his views at length
in a separate opinion.
McGowau, \. j., .,'disscn:s, ana files dis
senting opinion.