The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1888-12-05

The Supreme Court of South CarolinR
Sustains the Decision of Judge Nor
| ton that the Act of the Legislature
Making Townships Corporations
! and Authorizing them to Subscribe
to Railroads is UnconstitutiOnal
and Void.
NeUs and Courier.
COLUMBIA, November 3O.-Special: The
announcement to-day that the State Supreme
Court had decided against the CONSTITUTIONAL
ity of the township railroad bonds created
intense interest among the lawyers and mem
bers Of the Legislature In Columbia, and
| kilograms were sent all over the State
Announcing the fact. The action of the Court
was unexpected to large majority of the peo-
pie, and the decision will probably develop
more criticism than the famous married
womans rights determination of the same
legislative remedy is applied q number of
minor railroads dependent for progress on
township subscriptions will stop short.
1t was found utterly impossible during the
copying the opinions filed In the case, so
fully did the lawyers monopolize the papers
and eagerly read them. The following brief
The three opinions would probably occupy a
page and half of the News and Courier.
Floyd CT al rs Perrin, ITedsurer-No 1923,
This case primarily involves the constitu.
an Act amending the same, passed December
"A, 1885, whereby power is given 10 counties
and townships to subscribe to the stock of the
railway company thereby chartered, and for
that purpose townships ore declared to be
bodies polite and corporate, and with the
necessary powers to carry out the provisions
of the Act.
Under the provisions of the Act township
subscribed TO the stock OF the company; the
Greenville and Port Royal Railroad Com
pany, the county commissioners as the agent
Of the township issuing the necessary bonds
in payment of said subscription, to meet the
interest of which tax was assessed and COL
lected by the defendant, treasurer Of the
county, This action was brought by the
the Of SAID township
recover the amount paid by them under pro-
test, TO wit: SS05,05.
The case was tried at Abbeville, at the Feb
ruary term Of the Court Of Common Pleas
for Abbeville County, Judge Norton presid-
ing. who rendered his degree on the 29th of
February, 1885, adJudging that the aforesaid
Acts are unconstitutional and void SO far as
they purport to authorize townships to sub
scribe to the capital stock OF said railroad
company; and slso so far as II purports to
incorporate my township 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 Justice de-
liyering the opinion decides that this judg-
ment, holding the Acts In question uncon-
stitutional on account Of the absence of q
q corporate purpose in the township incor-
porated, and the tax assessed and collected
illegal, and should be refunded. should be
affirmed. Judgment affirmed accordingly.
Mclver, A. j., concurs fully with the Chief
Justice that the Act In question is unconstitu-
tional for the reasons presented in his opinion
and expresses his views at length In separ-
ate opinion.
McGowan. A. J. dissents, and files dissent
ing opinion.
Messrs Benet, Wells and Orr, Hart & Hart,
and d. S. Henderson, we're heard in behalf OF
the bonds. Messrs Simkins: w. w. Butler
and Hardin fol the plaintiffs, respondents.