Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1897-01-20
Those TOWNSHIP bonds.
Shall They be Paid for Rail-
roads Never Completed?
SENATOR SUDDA7H'S BILL.
1t Forbids the Collection of Taxes
to Pay for Bonds for Which no
Value Has Been Receiyed-So-
licitOr Thurmond Explains the
Scope and Purport of the Bill.


licitOr Thurmond Explains the
Scope and Purport of the Bill.
Thore has been considerable
talk amoIg the legal fraternity
about the antagonistic attitude of
the Federal and State courts on
the question of the payment of
Township bonds in aid Of rail-
roads that have never been COM
pleted, and yesterday a Register
reporter interviewed Solicitor j.
William Thurmond with regard to
a bill dealing with this subject
which he prepared for Senator
Suddath, of Saluda, and which
was introduced in the Senate,
Friday. Being asked the purport
and scope of the bill, Mr. Thur
mond answered in effect as fol-
lows:
"The bill simply forbids the
Boards of County Commissioners
and otter officers from assessing
and levying, and treasurers and
other officers collecting taxes to
pay township bonds issued in aid
of railroads that have hever been
completed and finished through
the townships issuing such bonds.
Floyd against Perrin declded
that as the townships were simply
given the right to subscribe TO the
railroad, and to assess \axes tc
pay the subscription, they were
without any corporate purpose
and therefore the power 10 assess
a tax to pay this Subscription was
violative of the Constitution. Buj
iii 1883, the Legislature did what
the townships could not do;
levied the tax TO pay the bond:
previouly i'sued when the railroad
was completed and fnishec
through the township issuing lne
same. This Act was held consil
tutional by our Supreme Court II
Railroad Company against Whit
sides and in other cases.
Some time back the United
States Court in Folsom agaiaS
Ninety-six Township, held th'
township bonds valid. So W.
have ourSupreme Court giving on
of our Acts one construction ant
the United States Supreme Conr
giving it another, The two court
have coordinate jurisdiction il
this matter, and neither !
superior to the other.
Nov Mr.. Suddatll's bill ma,
bring about a conflict between
said two courts. or between th
Federal Courts and our tax as
sessing ahd collecting officers. Tn
der Mr.. Suddath's bill one of thos
officers would not dare violate it
provisions, as the punishment il
| very great. Now, our court vii
fore would not issue a mandamu'
against said officers, or otherwise
aid in the collection of sale
bonds. But the Federal Cour
might assume this authority, ant
if SO a question will be made thai
the sooner it is settled the better
Assessment can only be made
by officers appointed or elected
for that purpose. Our State officer!
are the only such officers, anc
certainly Federal Court canno
require them to do what our statute
says shey shall not do, and what
our courts say is wrong to do. The
statutory remedy for collection ot
taxes is exclusive, unless other
remedies are expressly authorized
Those bonds can be paid only by
taxes collected by our treasurer:
createe by our statutes, and thi;
is prohibited. If the Suddath bill
iecomes law the Federal Courts
will find many obstacles in theil
usurped judicial path before they
are able to make plethoric the
purses of those shrewd Northerners
who have so duped our people. y
Register
~ .r.II. .lo,,- oro