The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1902-10-09
INJUNCTION DISSOLVED.
[Coniinued from first page. ]

equity VIII interfere by injunction to
restrain the acts of public functionaries
when the evidence is clear, and shows
tina. fraud and collusion have been
practiced, in accomplishing the thing
sought to be retained, or great abuse
OF discretion on their part; or that
they acted without discretion or in
haste; or through mistake and to pre-
vent palpable wrong. Where, how
ever, they have acted in good faith,
and confined themselves in the admin
istration of their duties within the
powers conferred upon them by the
law, even if they have committed an
error of judgment in what they have
done, the Court will not interfere.
"The more serious accusations in
the bill against Messrs Fisher and
Kitchen, of fraudulent conduct and
collusion, have been omitted. There
is no evidence of either.
sit has been argued, however, with
great vigor and much force, that the
action of these two Commissioners on
Sept. 2, 1902, in promptly accepting
the bid of Mr.. Thompson to buy the
whole amount of the issue Of the
bonds of 500, 900. oo-at a like sum
showed that they had abused their
power and discretion; acted too hastily
or without any discretion at all being
exercised by them.
"This fact is, and we have so found
that at the time when the resolution
of that date was adopted, authorizing
the issue of bonds: and as appears on
the minutes, and as a part and parcel
of the same proceeding, the PROPOSE
tion of MIR. Thompson topurchase the
whole of the issue, was presented and
the proposition Of purchase was
promptly accepted and the award of
bonds made to him at his bid of
100000.
ut must be conceded that this
facf, standing by itself, while not con-
elusive, tends to show great haste and
want of discretion on the part of these
Commissioners. But this fact must
be reviewed in connection with the
other facts found and the circumstan.
ceS.
1T was the Commissioners plain
duty, if they had reasonable grounds
for believing that the bonds were
worth more than their par value, to
hesitate in the matter of the accept
ance of Mr.. Thompson's bid, and
make reasonable inquiry whether the
bonds were worth more than the price
offered. On the other hand, if they
were satisfied that the bonds were not
worth more than their par value, act
ing as ordinarily prudent men, and
exercising that care which men Of
common prudence do exercise in mat
tiers of concern to themselves, they
were justified in selling the bonds at
their face value. While there was
testimony going to show that they had
been informed at the meeting at the
banking house, that four per cent
interest bearing coupon bond would
sell for a premium; that fact could
not be found from the evidence. They
then knew that the previous issues of
county bonds, bearing interest at the
rate of four per cent and four and
tour-tenths per cent were negotiated
by the Commissioners at par. Their
absent member of the board had par
ticipated in making the resolution of
July ?S, providing for an issue of
bonds bearing interest at the rate Of
four per cent. Their legal advisor,
Mr.. Zarr, himself payer of consider
able taxes, was cognlzant of what was
going on, and prepared the resolution
then adopted. He was quite as much
bound as they were to the exercise
of good faith, and to see that the
county was not wronged in the sale of
bonds.
"Public officers are presumed TO do
their duty, and that they intend to do
it. This presumption of faithful
performance of duty on the part OF
OlllIldlo an OOldll. until IL Is
overcome by evidence, clear and con.
vincing.
"As the law does not prescribe it as
duty, the Commissioners cannot be
said to have exceeded their power in
making sale of the bonds without
public letting first had, or in making
sale OF The bonds to J. n. Thompson
in the manner in which they did.
"The facts found will not Justify a
court of equity to interfere by injunc-
ton to restrain the execution and
delivery of the county bonds to J. n.
Thompson, the purchaser thereof, nor
the completion of the contract made
by the county with him for the sale
and purchase of said bonds.
"rhe County Commissioners,
Messrs. Fisher and Kitchen, did not