The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-12-10
THE GOOD ROADS BONDS
THE SUPREME COURT DECIDES THAT
THEY ARE VALID.
This County Issued $4,000 In Bonds
Banning Twenty-Five Years at h
Rate of Four Per Cent Interest and
They VIII Now be Put on the Market

Rate of our Per Cent Interest n
They VIII Now be Put on the Market
The Messengers Raleigh dispatches
Tuesday night announced that the su-
preme court of North Carolina had
handed down its decision in the good
roads bond case from New Hanover
county, the case being on the docket
as The Commissioners vs. DeRosset."
The dispatch briefly mentioned the case
and noted error which caused doubt
as to whether the good roads bonds
were held to be valid or not. The
Hon George Rountree, who returned
from Raleigh last night, brings infor-
nation. however, that the decision Of
the court holds that the act of the Gen.
eral Assembly, ratified March LIST, 1901,
under which the election was held on
the question of issuing bond, is valid.
Az the election was held in due form
under this act the decision makes the
$4,000 of good roads bonds valid.
The election on the question of issu-
ing these bonds was held June 1S,19Ol.
and there was a majority of SO in IA
vor of the bond issue. A majority OF
the registered vote was required and
not a majority of the vote cast, and the
election resulted in 685 votes for thu
bond issue to 649 not voting, which was
equivalent to that many votes against
the bond issue. This left only the
small majority named although the
vote cast was practically unanimous in
favor of the bond issue. Subsequent
to the election the board of county COM
m~issioners sold to a banking house the
$50, 900 of bonds running for a term of
twenty-five years at 4 per cent. inter-
est payable semi-annually, but upon
taking legal advice the purchasers ask
ed to be relieved from the contract on
the ground that the bonds were not
valid, having been issued as the result
of an election held under an act which
was not constitutionally passed, having
not. as required by the constitution,
been read three several times in each
house of the general assembly, and
passed three several readings, which
readings shall have been on three diff
ferent days and agreed to by each house
respectively, Inc unless the yeas n
nays on the second readings of the bill
shall have been entered on the jour-
nal" The board of commissioners re-
leased the purchases of the bonds,
and Captain A. l.. DeRosset offered to
take and dispose of them at the pur-
chasers bid. which was at par bearing
4 per cent. interest payable semi-annu-
ally. Captain DeRosset subsequently
declined to take the bonds on the same
grounds set up by the first purchasers.
The result was hat it was agreed by
the commissioners and Captain DeRoS-
set to take the matter to the courts as
"a c~onstroversy without action" under
section 507 of the code.
County Attorney w. b. McKoy
brought the matter before Judge Oliver
III. Allen at Greenville, and both parties
to the controversy having agreed on
the facts, Judge Allen rendered the
following decision:
state Of North Carolina
New Hanover County.
1.-The Board of County Commissioners
of New Hanover County against A.
l.. DeRosset.
This cause coming on for a hearing
before me at Chambers, by consent of
both plaintiff and defendant, the plain
tiff being represented by w. b. McKoy,
Esq, and the defendant by John ID.
Bellamy, Esq, n it appearing to the
court that his cause has been duly en-
tered n docketed in the superior
court of New Hanover county, and be-
ing heard upon the facts agreed 10 in
this cause and herewith submitted to
me as a controversy without action, it
is now by ME found and adjusted that
the said facts is agreed upon n set
forth in the said case are true. 1t is
further adjudged and decreed that the
said. act of the General Assembly of
North Carolina entitled IAN Act to is
sue bonds for road Improvement in
New Narrower county," ratified the first
a of March is valid; and it is four
Their adjudged and decreed that the de-
PENDANT be and he is hereby required to
1872 a. =
to purchase the said bonds to the
amount of $50. 900 issued by the plaintiff
under aforesaid act, and that plaintiff
recover of the defendant the cost OF
this action. 1t is further adjudged that
by consent of both plaintiff and defen-
dant this judgment with the case sub
mitted be entered and enrolled on the
judgment docket of the superior court
of New Hanover county.
20. H. ALLEN,
Judge of Fifth Judicial District"
This-day of September, 1901.
The defendant appealed to supreme
court n in the briefs of the attorneys
the following questions were submitted:
81. Is the act authorizing the issue
of bonds. to-wit an act entitled IAN
Act to issue bonds for road improve
ment in New Hanover county" ratified
h first day of March. 1901, Chapter
314. Public Laws of North Carolina,
constitutional and valid?"
y. If constitutional and valid. is the
Defendant bound to comply with his
contract"
The principal facts agreed on and
submitted in the briefs were that the
house journal showed that the bill pass
ed its first reading February Is. 1901
that the senate journal was silent as
to the passage of the bill on it's first
reading, though the fact of its first
reading ppear by endorsement on the
bill. as certified by the secretary OF
state; that the house and senate
Journal both show that the bill
passed it second and third read
ings in both houses and that thu
ayes n nays were called anC
names Of those voting. were recorded
and the bill properly enrolled, ratified
and sent to the secretary OF state. TIL,
other facts agreed pon were that TIM
election was called and held in accord
ance with all the prerequisites an
preliminaries required by law and re
suited in a majority for the bonds. etc