The Caucasian. (Clinton, N.C.) 188?-1913, 1903-04-23
WILKES BOND CASE
The United States Court Disposed to
Follow the State Court

inc Wilkes county bond case, invOly-
Ing the issue OF 800 900 worth Of bonds
for the construction OF the Wilkesboro
branch Of the North Western North
carolina Railroad. WAS argued before
The Supreme Court Of the United
States Friday. The argument. which
was not begun until shortly before the
recess hour, was not concluded. and as
the court does not meet Saturday. vii!
not be resumed until Monday.
The interesting feature of the days
argument was the caustic remarks Of
| eX-Judge John r. Dillon. the New York
lawyer. with respect TO the "repEdi-
alton OF bond debts" movements. The
county commissioners OF Wilkes, -
Judge Dillon declared, come before
| this court and ask you to hold these
bonds invalid. because. aud only be-
| cause. there was no legal authority. as
alleged. to- build this road one inch be-
yond Winston. Not bond was issued
until the road was built into Wilkes.
and interest was paid on them for six
years afterwards. 1t Is wretched
business, this act OF reputation by the
commissioners-the very people who
| Issued the bonds. The people Of the
county voted twice for these bonds.
! The railroad they voted for is the only
communication they have today with
the outside world. In an evil hour and
upon bad advice the county entered
upon this foolish policy of repudi-
alton.
EX-Judge A. G. Avery. who repre-
5ents the county OF Wilkes, had the
| opening argument, and for an hour and
| twenty minutes he elaborated the facts
| in the case, going over the history of
| the suit which was decided in favor Of
| the county by the Supreme Court OF
| North Carolina, and afterwards, on
| appeal to the Circuit Court of Appeals,
We!s decided in favor of the bond
holders, w. c. Cole & Co., of New
York. After eX-Judge Dillon concludes
| his argument Monday ex-Judge Avery
will resume and submit the final ar
gument in the case to the Court 4
II. Price and Harry Hubbard, of New
| York, who appear for the bond-hOlders,
were present, but will not speak.
Several maps were exhibited in the
| cOunty's defense, showing the geo.
graphical location CT the railroad in the
controversy. Justices Brewer and Day
| did not sit on the case. In his argument
| 2XJudge avery contended that it was
not q question of bond reputation, as
| maintained but that no power was
granted III fke charter of the North
Western North Carolina Railroad Or
| any amendments thgetO authorizing
| wilkes county to issue bonds. The
other side maintained that this author
ity did exist and that likewise such au-
| thOrity was granted u the general law
! Judge Avery cOntended that the estab-
lished rule of the Federal Courts is to
resolve all possible doubts in favor OF
the cOnstru. ton placed by the State
! tribunals uLOn their own statutes
| judge Avery said further;
| Under the established rule Federal
| Courts must lean toward an agree
ment Of the views OF the State court
! because on the first hearing of the
! Stanly county bond case, involving
only the construction Of The Code, sec
tiCns 1895 to 2000, the Circlit Court Ci
| Appeals in comm isSionerS VS.. COler
agreed with the State court in holding
thai said sections were insufficient tC
| empower a county to issue bonds, al
of the irdges cOncurrin9, while only 6
majority consented on the rehearing tC
over-rulc that opinion"