The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1888-12-06
ALEGAL SENSATION.
Township Railroad Bonds OF No alue- ne
Supreme Court Of South Carolina sus-
tains the Decision Of Judge Norton
TSDecial to News and Courier ]

Especial to News and Courier.l
COLUMBIA, November 30.-The an
nonncement to-day that the State
Supreme Court had decided against the
constitutionality of the township rail-,
road bonds created intense interest
among the lawyers and members OF the
Legislature in Columbia, ana telesrams
were sent all over the State announcing
the fact. The action of the Court was
unexpected to a large majority OF Ine
oeop(e. and the decision will probably
DEVELOP more criticism than the famous
married woman's rights determination
of the same body. It is not doubted
that unless some legislative remedy is
applied number OF. minor railroads
depeudent for progress on toWhsnip
subscriptions will stop short.
It was found utterly impossible DUR
inc the early part of the day to get an
opportunity of copying the opinions
filed in the case, so fully did the law
yers monopolize the papers and eagerly
read them. The following brief synop'
sis is all that can be given tonight. The
three opinions would probably occupy
q page. and half of The News and
Courier: ~
FIoyd ct al rs Perrin, Teasurer-No
1923.
This case primarily involves the con-
stitutionali6y OF the Act Of December
%, 1882, and an Act amending the
same, passed December "a, 1885, where;
by power is given to counties ano
townships to subscribe to the. stock OF
the railway company thereby char'
tered, and for that purpose townships
are declared to be bodies polite and
corporate, and with the necessary
powers to carry out the provisions o1
the Act.
Under the provisions Of the Act a
township known as Nlnety-SlN, 10
Abbeville County, subscribed to the
stock of the company, the GreenVllle
and Port Royal Railroad Company
the county commissioners as the agent
of the township issuing the necessary
bonds in payment of said subscription
TO meet the interest Of which a tax was
assessed and collected by the defen-
dant. treasurer of the county. This
action was brought by the. plaintiffs
the taxpayers of said township, under
Section 26S of the General Statutes, tc
recover the amount PAID by them un
der protest, to wit: $500 Oo.
The case was tried at Abbeville, at
the February term Of the Court Of
| Common Pleas for Abbeville County:
Judge Norton presiding, who rendered
his decree on the 29th of February
1855, adjudging that the aforesaid Acts
are Unconstitutional and void so far as
they purport. to authorize township:
to subscribe to the capital stock of salo
| railroad company; and also so far as Il
| purports to incorporate any toWEshll
| or townships, and that the tax assessed
and collected to pay the interest on the
bonds issued in behalf Of the township
of Ninety-six is illegal and should be
refunded.
The Supreme Court, the Chief Jus
tice delivering the opinion, decides thai
this Judgment, holding the Acts il
question unconstitutional on account
| of the absence of corporate purpose II
the township Incorporated, and the
tax assessed and collected illegal, ano
should be refunded, should be affirmed
Judgment affirmed accordingly.
McIver, A. J., concurs fully with the
| Chief Justice that the Act in question
is unconstitutional for the reasons pre-
sented in his opinion and expresses hiE
! views at length in a separate opinion
MCGOWAN, a. j., dissents, and files
a dissenting opinion.
Messrs Benet, Wells and Orr, Hart
& Hart, and D. S. Henderson, were
heard in behalf of the bonds. MessrS
| Simkins, w. w. Butler and Harding
for the plaintiffs, respondents.
4 LIST OF TOWNSHIP BONDS.
Comptro. 'er General Werner, in re-
Spouse to request of the News andCou
rier, has furnished this office with the
following statement Of the face value
of township bonds now outstanding
! The statement is compiled from the
| annual report of Comptroller General
Stoney made at the beginning of the
last session Of the Legislature and verl'
| fed from statistics available this year
! Abbeville County-Cokesbury town
ship, $500; Ninety-Six township
! $50, 800; total, $4,000.
Chester County-Court House town
ship, S25, 900; total, 5000.
Edgefeld County-Cooper township,
SO, 400; Pine Grove township, SlO,3OO;
Huitt township, Sll, 100; Pickens town
ship, $4,000; Pine Grove township,
s. 600; total, SAL, 100.
/ Greenville eCounty-Cak Lawn town
ship, $500; Dunklin township, SILL
O0O; total, Sl9,600.
Horny County-Conway township,
SIS, 800; Simpsons Creek township,
| $500; Bayboro township, S6, 700; Green
Sea township, $4,000; total, $37, 100.
Kershaw County-Dekalb township,
ST, ,OG0; total, 10000.
Lancaster County-Gill Creek town
ship, $4,000; Pleasant Hill township,
$4,000; Cane Greek township, $4,000;
total 81, 1000.
Laurens County-Sullivan township,
Si3, 800; total SIG 300.
Lexington County-Broad River
township, $15,l00; Saluda township,
SO, 800; Fork township, Sl4, 400; total,
$4,000.
Newberry County-Stony Battery
township, $4,000; Newberry township,
$40, 600; Mendenhall township, SIC, 900;
total, $4,000.
Richland County-Columbia town
ship, $40, 900; total $4,000.
Union Cornty-Goudeysvile town
ship, $4,000; Draytonville township,
$4,000; Pinonney township, $4,000;
Goshen Hill township, $4,000; Santuc
township, $4,000; Cross Keys, $4,000;
Begansville township, $4,000; total,
$40, 600.
York County-Cherokee township,
So, 600; Broad River township, $24, 900;
York township, $4,000; Ebenezer
township, $4,000; Catawba township,
81, 600; to. u, S2l7, 600.
Spartanburg County-Glenn Springs
township, $4,000; Anchor township,
$4,000; Limestone township, S25, 900.
According to report made up to
the 3lst of October, 1887, these Spar
tanburg bonds had not been issued.
The total S51, 600 must De considered
With the bonds of certain townships in
Union and York counties believed not
to be yet issued. and deducted from
the grand total for the State of 500, 800.