Asheville daily citizen. [volume] (Asheville, N.C.) 1890-1900, 1894-07-07
THE BONDS ARE NOT SOLD
A VERY GRAVE PROBLEM rO
BE SOLVED.
where Will Come The Money To
Pav The school Debt and Keep
The schools Running I'VE
The Law, hut Not Money.

The meeting Of the Board of Aldermen
was set for ) o'clock instead of 3. yester
day afternoon. When the town clock
struck the hour appointed, Aldermen
Hull, II. Lamar Gudscr and Redwood
were well into discussion with II. {,
Fagg us to the best way in which to
talk through a telephone Mayor Pat.
ton was also on hand At the request
OF Mayor Patton on Thursday night, at
the meeting of the School Board
Chairman West appointed a com.
mlttec of three to be present at
the meeting of the Board OF Aldermen
on Yesterday afternoon. The Mayor tx
planned that the request was made on
account OF important questions that
would seriouSl y affect the schools.
The committee appointed were Messrs.
Dickerson and Powell and DR.. |. Hev
Williams. The first aud last were
promptly on hand. W. ". Jones ar
rived at $40 and at 5:l5 City Attor-
nev Sondley arrived. Alderman !. Nj.
Gudecr..and MIR. Powell were absent.
The Mayor called the meeting to
order at 5:17. The minutes of the last
meeting were read, with the exception
OF some reports of the Street and Finance
committee, which were omitted at the
suggestion of Messrs. Jones and Red
wood on account of lack of time, and
being approved, the Board got down to
active business.
The Mayor stated that he had re
| Quested that members OF the school com
mlttcc be present, owing to the nature
OF the business that would come be
fore the meeting and its bearing
ON the schools for the coming session.
lie hen read letter from Blair 4 Co.
OF New York, which was received on
Saturday last, in which they stated that
on advice of legal counsel they could not
take the city bonds
The Mavor said that he and City At.
torncv Sondley Immediately started for
New York on receipt of this news. He
then called on Mr.. Sondley for state
'nent as to the results of the trip. MIR.
SondIey SAID that on arriving in New
York he went with a member of the firm
ot Blair X Co. and talked to their law.
yers. The lawyers quoted to him one
decision OF court outside OF North
Carolina in which bonds of this nature
had been decided illegal, though there
were three dissenting Judges to this
OPINION. On the other hand Mr.. Sond-
ley quoted to them good many decis-
ions-sevcral from this State, and also
several text writcrs-in which such bonds
issued i'll like manner, had been declared
entirely legal, He quoted several of
these and said there were many more.
These will all be quoted in the briel
OF reports which will be printed at once
for use bv the city.
MIR. Sondey said that the attorneys
admitted that The city had the power to
borrow money, but denied that it had
the legal power to issue bonds tor such
Indebtedness. They admitted that they
believed that the North Carolina courts
would declare such issuance legal, basins
their bellct on previous decisions in this
state. But they contended that should
the matter come before the nitcd States
courts IN suit, the Federal court would
).
Mr., Sondlcy replied that where cases
OF such a nature had come before the
United States courts they had invariably
held themselves bound by the State
courts, even when different States had
decided differently, and that such was
their recognized and invariable rule OF
construction, "Wherc the construction
given by the highest court of a State to
the Constitution or a statute of the
State has been uniform and is settled, it
is binding on the courts OF the United
States as a rule OF decision.' Under this
rule the North Carolina decisions upon
North Carolina statutes, having invar-
ably held such bonds to be valid, the
United States courts would be bound to
so hold on every question involving he
validity of bonds issued by North
Carolina municipality.
The ATTORNEYS replied that this was
not statutory construction, but was
simply the appicationto North Carolina
statutes OF a general rule OF statutory
interpretations MIR. Sondley insisted
that statutory Interpretation was, and
could be, applied to a statute of general
rules OF statutory interpretation, and
that the distinction attempted to be
made was one without difference. He
believes that there would be do difficulty
whatever in disposlng OF the bonds, so
tar as this quibblc is concerned.
During MIR. Sondlcy speech Chairman
West, of the school board, entered the
room,
The Mayor stated that the situation
was certainly very serious one, and
most serious as it affected the schools.
He SAID that the school committee had
reported to the Board of Aldermen in the
spring that unless the schools were re.
licvcd o, their heavy burden of debt it
would be impossible to continue them
during the coming session.
MIR. ones asked what amount was
necessary to carry on the schools.
Mayor Patton answered that the
schools owed S25,Oo0.
Mr.. Jones; 1--WE are satisfied that our
bonds are perfectly legal. Why mt
we run these schools whether our bonds
are funded right now or not ~
MIR. lickcrson stated that there were
pressing debts that must be met without
DELAY, and in large amounts. "Some.
thing must be done" he added, cor the
schools must close tor lack OF funds"
Mr., JoncsS Schools are necessary
expenses and we can help the committee
by relieving them of actual pressing in
dcbtcdncss, and so allow the amount
given to the committee by taxation to
be devoted entirely to the running cx.
penses of the schools. Wcmust keep our
schools open. 1t would be a terrible
calamity to the city to close them. They
should be kept up to their present eff
cheney at oil hazards. Ny proposition
is that the Board of Aldermen help the
committee to thcextent that is necessary
to tide over the debts that are pressing.
After further discussion Mr.. Dickersor
sugg, sted that the Mayor meet a mem
her OF the Board in committee and com,
to definite understanding.
The Mayor suggested that the finance
committee meet one or more members o
the school board.
Chairman West appointed Mr.. Dick
| rrcpu foe thot ,,,.,,.,