Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1901-01-16
Wednesday, January l6, 1901.

han took the matter in hand, and after
INVESTIGATION and consultation with the
attorney general, tried to do what he
could to rectify the mistake that had
been made. There is a statute which
provides that trustees cannot spend
district funds in anticipation of their
receipt. This had been done in nearly
every case, the pay warrants having
been made to TALL due in November
and December of the following year.
On the strength of this statute, the
attorney general ordered the treasurers
of several counties, York among them,
not to pay the chart warrants upon
presentation. In the meantime, now
ever, before there had been any Ques-
ton in regard to the matter, the school
chart agent had discounted all. of his
York county notes at the National
Union bank of Rock Hill, and when
the paper became due that corporation
brought suit against Treasurer Nicely
for it's payment. The case was heard
at the November term Of the court OF
common pleas for this county, and
Judge Klugh's order in the matter is
as follows:
Upon hearing the verified petition of
the National Union bank in above
stated cause, and the return thereto
by the defendant, H. A. d. Nicely,
county treasurer, and after hearing ar
gument of the counsel, l find that the
allegations contained in said petition
are true, and that the National Union
bank is entitled to the relief therein
prayed for, except as the same relates
to the order or warrant claimed 10
have been made by o. J. Gwlnn ana );
II. BurriS as a majority of the board
of school trustees Of school district NO
l6, and as to this warrant, find that
the said National bank is also entitled
to have the same paid, unless 1t can be
shown that the same was illegally is
sued, las hereinafter provided for).
1t is further ordered and adjudged
that the said H. A. D. Nicely, as coun-
ty treasurer, pay unto the National
Union bank, out Of the funds In his
hands, belonging to the said school dis
tricts respectively, all the several war
rants mentioned in said petition, (eX-
cept as to the said warrant purportlng
to have been issued by o. ]. Gwinn and
J. T. Burris, as trustees of school dis
trict No. 16, above mentioned), togeth-
er with interest thereon from the date
of maturity of said warrants as fol-
lows; to wit:
For school district No. l, the sum Of
$3.50 and interest, from November 10,
1899.
For school district No. 4, the sum of
$3.50, with interest from November
10th, 1899.
For school district No. the sum of
SIS, with interest from July 10th, 1899.
For school district No. IA, the sum Of
$1S7.50, with interest from 10th July,
1899.
For school district No. Is, the sum of
$225, with interest from July 10th, 1899.
For school district No. 21, the sum of
$112.50, with interest from July 10th,
1899.
For school district No. %, the sum Of
SIS, with interest from July 10th, 1899.
For school district No. 26, the sum Of
$3.50, with interest from December 1st,
1899.
For school district No. 80, the sum of
$3.50, with interest from July 10th,
1899.
For school distsict No. 33, the sum of
$3.50, with interest from December 1st,
1899.
For school district No. "a, the sum of
$3.50, with interest from July 10th, 1899.
For school district No. 3S, the sum of
$3.50. with interest from July 10th, 1899.
1t is further ordered and adjudged,
that as to the warrant issued by school
district No. 16, above mentioned, that
the said sShool diSerict be allowed 80
days from the date Of this order to con-
test the same upon any grounds that 1t
may be advised, and that it be referred
to w. w. Lewis, Esq, to hear and de-
termine any and all issues that may be
raised in regard thereto; and that said
referee report his findings to this court.
provided, that said contest shall be
without cost or expense to the said H.
A. D. Nicely, county treasurer. In case
the Sid contest shall not be brought on
for hearing within 80 days from the
date of this order, then the said H. A.
d. Nicely, county treasurer aforesaid,
unto the National Union Bank of Rock
Hill, S. c., the amount of said war
rants, to wit:
The sum of sT5, together with interest
thereon from the 10th day Of July, 1R9.
The exception in the case of the order
or warrant, alleged to have been made
by Messrs. o. J. Gwinn and J. T. Bur-
ris, in school district No. 16, is because
of a claim of forgery. Mr.. Gwinn ad-
mits that he signed the order or war
rant as trustee, while Mr.. Burfis
claims that he did not sign it, leaving
the presumption that his signature was
forged bSe school chart agent.
LOCAL LACONICS.