The times. [volume] (Richmond, Va.) 1890-1903, 1899-08-20
The Bell Book and
Stationery Company,
SIG Main Street, 9l4 l. Main ST.
L>nChburg, Va. Richmond, w.

Journals of the General Assembly are
open TO public Inspection and the Cons-i-
tuition OF the State is q part OF The public
literature
STATE COURTS POWER.
The language of the North Carolina su-
prome Court IS adopted I'm the decision
and Judge Cot says with these de-
cis.ons. I'VE are in fun accord But, he
suggests even had % different conclusion
been reached, would We not De bound
10 accept the construction of the court
OF last resort of the state on the Con
sutution of that State3
A long list OF decisions OF the supreme
Court OF the United States are quoted. An
excerpt is made from Post vs.. super
vlsors. lO5 L. S. Co., ia which Mr. Justice
Gray said:
"Third. The construction uniformly
given to the Constitution of state by
its highest court is binding on the courts
of the United States as rule at de-
cision.
Fourth. An act Of the legislature o.
a State which has Been held by its highest
court not to be a statute of Che state
because never passed as its Constitution
requires cannot Doe held by the courts
Of the United States, upon the same evil
dcnce. TO be a law OF the State.
Fifth That which is not a law can
give no validity 90 bonds purpOrting 20
be issued under it. even in the hands Of
those who take them for value and !n
the belief that they have been lawfully
Issued
with regard TO the contention OF the
arpe.lces that prior decisions had been
rendered by the Supreme Court of Norta
Carolina inconsistent with the one unle-
consideration Judae Gom holds that an
analytical examination n the cases cited
does not sustain the claim although Doe
admits that I'm some in3tan es the ian-
guage used is misleading TO its Tendencies
TILE DECREE.
The opinion concludes:
"The court below held that the losisla-
ton relating to the Yadkin Railroad com
pany. under which the election authorizing
the bonds 10 be ISSUED was he'll Wss in-
valid. ecause n requireme ts of the con-
stitution of North Carolina. as O. entering
the yeas and nays Oh the journal, were
not complied with Ira ths We agree VITA
that court But &c also he'd that under
sections 10000 of the Code of North
Carolina. the county commissioners had
| the power 10 subscribe for and issue the
| bonds Notwithstanding the fact that the
gun. and though the citizens OF he county
had not any direct interest In 70. This rul-
ing of the court below is opposed 10 the
construction put upon those sections Vt
the North Carolina Code 10y the supreme
| Court of that State. and. considering the
| facts connected with this controversy. we
| take the constr lc ion of that court as the
ruling to 'be followed by us az th's lime.
THE decree appeal q from is re ersed
and this case Is RENAMED with directsns
10 dissolve the injunction. dis barge the
receiver and dismiss the bil'
OXFORD CASE.
The other case decided no the same
time was tho Board of Commissioners Of
oxford, y. c.. VS.. Union Bank of Rich
| mond.
The North Carolina Legislature I'm 1891
| chartered the oxford and Coast Line
| Railroad Company. Certain counties.
cities. towns and townships We're au-
| thorized 20 issue bonds 20 aid I'm the COM
struction OF the railroad Citizens and
| taxpayers Of oxford pet.d0n,d the Mayor
| and Board OF Commissioners of that town
| to provide for am election on the pr0p0si-
| ton 20 suscribe $4,000 to aid in the COM
| suruction OF the railroad The election
was held and the bond issue authorize.
| and the necessary resolution was adopted
/ by the Board OF Commissioners of Oy-
| ford on August 4. 1S9l ON May p 1902.
| the Board adopted a resolution which
| attempted 10 nu.lify the former action
| and the Mayor refused TO sign the ordl-
nance directing the subscription. A pro-
ceeding was instituted by the oxford and
| Coast Line Company in the Superior
| Court of Granville county FOR writ OK
mandamus commanding the issue of the
| bonds.
A COMPROMISE.
While the matter was i'm litigation
| compromise agreement was entered into
| by which the town OF oxford issued JOS
bonds for $4,000.
on September -. 1852 the Union Back
purchased sixteen 1900 bonds at 500
each. The first coupons maturing were
paid The other coupons amounting I'D
| SL32Q We're duly presented on maturity anu
payment refused.
Suit was instituted IN the State Courts
Of North Carolina and the bonds declared
TO be invalid because the act dutuotlIins
their Issuance was not passed lh corn
| plance with article .. section Ia OF gre
State constitution. quo ted Do me POI ,eol.lt
cease The specific defect was that iue acl
passed the second and third readings pa
the House on the same day and .that we
yeas and nays We're not entered on the
journal on either ~ the readings.
As regards the violation or the consul
tuition Of North Carolina Judge COR re-
fers 20 his decision IN the case OF COM
! missioners OF Stanley county vs.. coler O.
Co.
The decree Of the court follows: -,
THE Judgment Of the court below VII
be reversed and this cause Will be remand
ed with Instructions to set aside the order
awarding a writ Of manlamus ah9/lAeh
dismiss the complainant Dill.