Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1899-04-19
TOWNSHIP BOND CASES.

Croft to Col. Jim Tillman gives
the up-to-da:e status of the Rail-
road bond cases recently heard III
Charleston by Judge BraTley.
Col. James H. Tillman, Edge6eld
S. C.
My Dear Jim: I wrote you a
short note in reference to the case
of Post VS.. Pickens Township salt,
upon bonds issued by said Town-
ship in aid of the Carolina, Cum
ber and Gap and Chicago Railway,
but now write to give you
full report. This case vas tried
before Judge Brauley i'll the United
States Circuit Court, at Charleston,
on Saturday, the Sth, aud Monday,
the 10th of April inst. Judge
Brawley instructed the Jury
| to find for the Plaintiff. The
case is one OF much interest to the
Township. I have given notice Of
appeal. ard am hopeful of reyers-
| ing the Judgment. While it is true
that the Jury, under the instruc-
ton of the Judge, found verdict
against the Township, yet we have
so far saved the Township the sum
of $2,S35; we having succeeded in
cutting down that amount off
them terest by the plea of the
Statutes of Limitations, and l
hope to cut off $2,250 on accoun t
of the principal. You will
remember that one-twentieth of the
b,nds fell due each year. con-
tended that all of the instruments
which were past due for the period
of six years before the common
cement Of this action, are also bar
red by the Statute. If the Judge
adopts our view, on that point, it
will be fur ther saving of $2,25O
more on the principal of the de bt.
You will see therefore ve have
saved for the Township $2,825 on
the claim of interest, with the
probability Of saving S2,250 more
on the principal. This, without
reference to the appeal, and I am
still very hopeful of winning the
entire case on the appeal. The
bonds we're delivered by the Com
missioners. on the express under
standing that Mr.. Potts would
build that section of the road from
Edgefeld to Greenwood; but after
Potts got possession OF the bonds
he disposed of them, and did no
part of the work. 1t is direct
fraud upon the tax payers of the
Township; the fight we are making
is rigth morally, and we should
defend the case to the very last.
In few days, the case of the
National Exchange Bank VS..
Pickens Township will be tried at
Greeuville. This suit, as you will
remember, is upon bonds given in
sid of the Nesberry, Augusta, and
Edgefeld Railroad. The amount
sued for, with interest, is about
$4,000. We will have to attend
Court at Greenville sometime Ehis
month, and defend this case. |
propose that we shsll contest every
inch of ground, for in my judgment:
IS stated above, we still have
grounds to believe that the cases
can be finally won. The conditions
as they now stand, are most
remarkable. The Supreme Court
of our State holding that the bonds
are null and void, and the U. S.
Court, so far, have sustained their
validity. This difference should,
and l believe will be finally
reconciled, by the Federal Court
deciding the same way as our State
Court has decided. The Federal
Courts, on a question of involving
the construction of a State Con-
stitution and State Laws, usually
followed the decisions of tho State
Courts, and as our own decisions
are very plain, I hope yet to get
the higher Federal Courts te follow
the decisions of the St2te Supreme
Lourt. | will zee you personally i'll
few days, when we can arrange
about the trial at Greenville. |
am, Very truly yours,
G.. w. CROFT.