The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1899-08-16
THE sTANLY COUNTY BOND CASE.

LAWYERS who had followed the trend
Of judicial decisions have at no time
doubted what would be the ultimate decI-
sion on the Stanly county bond case. 1t
was so plain case that no judicial Off
Ger except S,imonton, or a man of the
same veneration for cross tie, would
have entertained the thought for mo.
ment that the Federal court could repeal
a plain provision of the Constitution of
the State. The Constitution provides thar
every act of the character must be read
three separate days in each branch Of
the General Assembly upon a yea and
nay vote before it can make bonds valid
That Constitutional provision was not
observed in the case of the Stanly coun-
ty bonds and there is no remedy III the
State or Federal courts, ON the earth or
in the waters under the earth, to cure
the defect. They are invalid because
they never were valid. That is all there
is about it. Able lawyers had thought it
possible that Judge Golf might hold with
Judge Simonton, but we have never
seen one who thought the Supreme court
would affirm the decision. In his deci-
sion, after quoting at length from the
opinion of the North Carolina supreme
court in the case of Commissioners Of
Stanly county VS.. Snuggs, and other de-
cisions involving the same principle,
Judge Golf says:
with the decision Of the Supreme
Court of North Carolina we are in fun
accord. If we had reached different
conclusion. nevertheless, would not the
determinations of the court of last re-
sort in North Carolina, relating as they
do to the constitution of the State and
to the validity of certain acts of its Gen
eral Assembly and their construction,
be respected by the court? Indeed, we
are bound by them"
The foregoing is followed by citing
of 4eiper VS.. Texas, both Z. 5. 462 and
467, and a number of other cases, bat
especially by quoting from Post VS.. SUI
pervisors, 103 Z. s. 667, in which case
language almost identical with article
.. section II of the constitution of
North Carolina was construed as a part
Of the constitution of Illinois, and the
decision of the Supreme Court of that
State declaring bonds invalid was fol-
lowed by the Supreme Court Of the Unit
ed states.
The Circuit Court follows and ap.
proves both the rulings of the North
Carolina Supreme Court:
list. That the amendment to the char
ter was invalid because it did not pass
both houses of the General Assembly
on its second and third readings by a
majority vote and on call of the yeas
and nays.
.2nd. That sections 1900 to 2000 Of The
Code of North Carolina apply only to
railroads unfurnished when the consti
tuition of 1866 was adopted"
We do not believe in Reputation and
we mated to see suits brought to take
advantage of a legal technicality. When
ever the people voted the bonds and the
railroad carried out its contract in good
faith, it is dishonest for any county or
.
tions by setting UP the contention which
the courts must uphold We say
wherever the railroad carried out its
contract in good faith"
All hinges right there. Reputation
of an honest debt by a county or State
is as dishonorable as Reputation by an
inu4yidual. When the people came to
adjust the State debt after reconstruction
had piled a mountain of dishonest debt
upon the State, they separated the hon-
est from dishonest debt, and while re-
fusing to pay cent of the corrupt spe-
eial tax bonds arranged to pay to the
utmost farthing all the debt that had
been honestly incurred. BY pursuing
that honorable course they preserved the
credit of the State. 1t is an example 81
just dealing that every county ought to
follow.