The news & observer., 1898-01-25
NOT so WITH COUNTIES
SAYS THE REFUSAL ny CoUN.
TIES Is NOT RErIDlATIoN.
THEY ARE INVALID s0l
The Rdge Says Commissioner Wha Con
0aeeS 70 levy Tax 10 Pay Invalid Bonds
$abfec;S Nimselfto Liability
to Indictment.

fFfNffNN'FfNAthN
10 taee Fylssoge Reputation Is defined
tS eac 4,rSt lcxicagrarhegS as tho sejcc-
sson o9 "a part OF Jho whole al a contl@ct
~ o614eassea, a qsconlasc wihSJh Is not
ainslilGg 5a l9Jw = not a contract in tho
Faxspeg 8oeSa4lng Of tac term, b0t Is what
Is valsta q na,1ua qactm.
gAe taea,egwa Assembly at its session
og 1879 laws Of 1870, ch, 26Sl passed
an amendment, afterwards yaoihed by
slsc sN.opsa, 10 section g. article 1, OF the
Constitution. wJhica prohibited the qay-
aaesa az any telst created by the conyell-
95en at 1865 ar by 9Gle Legislature
elected Sn 1868. unless the proposition to
gNly shanad dlave tirst been approved by
Il majority of the qualified voters Of the
STATE Ii WAS well understood then, as
il as nov. that mo such authority Will
ever l,e given by the people The debt
known sls the special tax bonds thus
relTRliatcd Now amounts TO over thirty
millions of dollars and WAS pronounced
valid and binding by the Supreme court
of The State. Substantially the same
amendment 10 the Constitution had been
offered in the Constitutional convention
OF 1875 and had been defeated because
six Delegates, Gen. II. l.. Elingmal, Col.
David Coleman. Francis Shober, Plato
Durham. Edmund W. Jones and A. G.
Avery refused at the bidding of the
party caucus TO record their votes in
favor of the Reputation of these bonds.
Gen. Glingnian yoicing the sentiments of
the others, said that though much of
the proceeds of the sale of bonds had
dollars had been honestly expended in
grading t.lle railroad on the Blue Ridge
and west of it and the State ought at
beast TO repay to the innocent holders
scattered throughout the North what
had been received and expended ON pub
lie works. No part of this debt has ever
or win ever he paio and no one of the
writer's who heap abuse upon Sbanly
or Buncom1be or Wilkes counties will
dare to call upon the people to wipe out
the stain Of reputation by assuming
the payment of any part Of this thirty
millions.
At the same session an act was passed
To compromise. commute and settle the
State debt. which provided for the ex-
change of the State bonds now outstand-
ing for the o.d valid bonds of the State
which were arbitrarily arranged in two
classes. The new bonds were to be
exchanged at par value, but the one class
of the old bonds was rated at twenty
five and the either at fifteen per cent of
THE principal, discarding the interest,
that had been accommodating for twenty
to thirty years. If the rejection or re-
fuSal to pay a part of a valid debt is
repudiation, let those who wish the peo-
pie of other counties TO pay debts, which
they are not bound to pay, declare in
favor of a Constitutional convention in
order to assume the portion of the debt
that has been repudiated and avow their
readiness to pay their respective proper
tion. Vince, as You will. gentlemen,
whether you call it a compromise or a
Teadjustment every dictionary THAT has
been written brings North Carolina, as
well as Virginia, under condemnation as
repufliator of "a portion of her honest
Obligations.
On the other hand section IA, article
=, of the Constitution, which was in
serted by the Conservative element of
The delegates to the convention of 1868,
prohibited, in imperative terms. the
passage of amy act to raise money on th,-
credit of the State, etc, or to allow
counties. cities or towns to impose any
tax. unless the bill for the purpose
should have been read three several
times ON different days in each House,
and unless the ayes and noes should be
cagIed on the second and third readings
and entered upon the Journals.
Every statute enacted since that pro-
yisiicm became a part of the organic law,
which in any way pledged the faith of
the State has been passed In the pre-
scribed manner. The Journals show
that almost all acts, providing for the
imposition of taxes by cities or GOWNS
prior to 1870, were passed in pursuance
of the same well-kIlOwn requirement
The object of this provision was TO pro.
tect Taxpayers against hurried and
fraudulent legislation, providing for the
imposftiOns of burdens upon them. Every
lawyer knew the purport of the section
and every well-fnformed legislator looked
to the observance of it In the enact
lnent of bills of which he had charge. Ii
ignorant or corrupt men have since dis
regarded its provisions, it was the duty
of those who purchased bonds, to lool
to the validity of the law under which
they were issued All of the books and
all cf the courts in fIhe land have unfteo
i'm laying down this just rule.
In Bank VS.. Oxford, 119 \. G. 214 Ca
the fall term 1896, of the Supreme
COURT it was held tllelt the requirements
OF section IA. article II. were mandatory
and d'feit the bonds Of the town of Ok
ford held by the pEaintiff. "a foreign
bank. were null and void. Not one wor,
of criticism was heard, however, till ont
of our counties (Stanly) brought suit t.
test the validity of certain bonds. heh
by certain railroads and hanks inside
of the State. Since that decision wa
rendered every board of county c0lmmis
sioners that lpas sought legal advice n
TO the validity of bonds issued 10y th'
county fais been traduced and some o
us who have yentured to tell them wha
the courts have decided, have no
escaped censure.
In reJy to all this ! wish to say, tha
a county commissioner, who, with notic
OF the fact, that the outstanding bond