The Caucasian. (Clinton, N.C.) 188?-1913, 1898-01-27
JUDGE AVERY ON
REPUTATION,
Insists That the State has Repu-
dated it's Obligations
But That
THE REFUSAL BY COUNTIES
To PAY Invalid Bobds Is not Reconciliation
Ask several state Papers to Look up
old Files for Articles Pennsd oo R.,.a-
ttaion In 1879

nj
old Plies for Article. Psnned on B.pud-
naion In 1879.
Reputation is defined by the best
photographers as the rejection of a
part or the whole Of contract or obli-
CATION. promise, which is not bind
ing In law - not contract In the pro-
per meaning Of the term, but is what
Is called nudUm pact0m
The General Assembly at its session
OF 1879 Claws OF 1879 ch. 26S) passed an
amendment, afterwards ratified by the
people, To section u, article ], OF the
Constitution, which prohibited the
payment OF any debt created by the
Convention Of 1865 or by the Legisla-
ture elected in 1868 unless the Dropo-
sition to pay should have first been
approved by a majority Of the quail
He'd voters OF the State. It was we'll
understood then, as il is now, that no
such authority will ever be given by
the people. The debt known as the
special tax bonds thus repudiated now
amounts TO. over $30,0O0,0O0 and was
pronounced valid and binding by
the Supreme Court of the State. Sub.
stantially the same amendment to the
Constitution had been offered in the
Constitutional Cor vention OF 1875. and
had been defeated because six dele
gates, Gen. Il. l.. Clingman, Col. Da-
vid 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. Cllngman vOicing the sentiments
Of the others said, that though much of
the proceeds of the sale of bonds had
been stolen, several hundred thousand
dollars had been honestly expended in
grading the railroad on the Blue Ridge
and west of it and the State ought At
least to repay to the innocent holders
scattered throughout the North what
had been received and expended on
public works. No part of this debt has
ever or Will ever be paid, and no one
OF the writers who heap abuse upOn
Stanly or Buncombe or Wilkes county
will dare to call upon the people to
wipe out the stain or reputation by
assuming the payment of any part of
this thirty millions.
AT the same session an Act was pass
ed To compromise, commute and settle
the State debt, which provided for the
exchange OF the State four per cent.
bonds now outstanding for the old
valid six per cent. bones 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 other at fifteen
per cent. of the principal, discardIng
the interest, that had been accumlat-
ing for twenty to thirty years. If the
rejection or refusal to pay a part Of a
valid debt is repudiated, let those who
npOnlS nf nt hnp
pay debts, which they are not bound
topay, declare in favor of a COnstitu-
ti0nal Convention in order to assume
the portion of the debt that has been
repudiated and avOw their readiness to
pay their respective proportion. Vince,
AS you will, gentlemen, whether you
call 1t compromise or a readjustment,
every dictionary that has been written
brings North Carolina, as well rs Vir-
ginia, under the condemnation as q
repudiator of u portion of her honest
obligations.
On the other hand Section If, 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 any act to raise money
on the credit OF the State, etc, , or to al
any tax unless the bill for the purpos q
should have been read three seye era
times on different days in each House
and unless the ayes and noes should be
called on the second and third read.
ings and entered upon the Journals.
Every statute enacted since that pro.
vision became part of the organic Law
which in any way pledged the faith o.
the State, has been passed in the pre-.
scribed manner. The jOurnah "~N
that almost all acts, providing TO.
imposition of taxes by cities or town.
prior to 1879, were passed in pursuance
OF the same well-knOwn requirement
The object of this provision was tt
protect tax. payers against hurried anC
fraudulent legislation, providing fol
the impOsitiODs of burdens upon them
Every lawyer knew the purpOrt of tn,
section and every well-informed legis
lator looked to the observance of it il
the enactment of bills OF which he hat
charge. If ignorant or corrupt mel
have since disregarded its provisions
2 was the duty of those who purchased
onds, to look to the validity of the Law
lnder which they issued. All of tn
books and all of the courts in the Ian,
have united in laying down this jus
rule.
In Bank VS.. oxford, 119, N. C. 214 Ga
the fall term 1896 of the Suprem
Court) it was held that the require
ments of Section IA, Article IL, wer
mandatory, and that the bonds of tn
town of Oxford held by the plaintiff,
foreign bank, were null and void. Nc
3 one word of criticism was heard how
ever till one of our counties (Stanly
brought suit to test the validity of Gel
no tn
and banks inside of the State. Sine
that decision was rendered ever
Board OF County Commissioners ths
has sought legal advise as to the valiC
ity of bonds issued by the county hs
been traduced and some of us who hay
ventured to tell them what the cour
N have decided, have not escaped censur
In reply to all this wish to say, tn,
County Commissioner, who, with n,
tice OF the fact, that the Outstaudin
bonds OF his county have been issue
contrary to law snd are null or wit
knowledge of such facts as ought n,
turally TO put him OF inquiry as
their invalidity, continues to lew
tax to pay them interest n them. an,
jects himself to liability to indictme,
under Section 1880 of the Code. if n
TO pecuniary responsibility. Eve,
such officer takes an oath to suppO
the Constitution, and, if he willing
imposes burden upon the people
his county contrary to its provision
he unquestionably violates his oath.
The Charlotte Observer, The Ash
vile Citizen and the Raleigh O5serv
as well as the News were among t
newspapers that sustained the Dem
cratic doctrine Of repudiating t
whole OF the special tax bonds, ant
portion of the old debt in 1879. If a
ot the living editors of the Post
Charlotte Observer will search {
Mes ior articles penned by them tn,
Deheve they would be more chari,