The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1904-09-21

mentioned applies here. But, as be-
fore stated, the respondents further
contend that the commission has
never certified the amount ascertained
to be due by Lee county to- Sumter
county.
There is no such requirement in the
Act. 'That is certain which is capa-
BILE of being made certain
All IF the items of difference hav-
ing been fixed by the commission, ex
cept:
i. The item of the school claim.
which has been fixed and paid, and,
2. Tile item Of the chain gang
equipment, the amount of which has
been fixed, and which stands credit !;
all having been done by direction Of
the commission, and the Legislature
having approved this method of settle
ment as appears by the Act of 1904
authorizing the issuance of the bonds,
there is nothing uncertain about the
matter and the claim must be paid.
From the trend of the argument, it
was suggested that inasmuch as the
commission had not acted, it could be
compelled to act by Mandamus, al
though its discretion in the manner
of acting could not be controlled. l
endeavored to follow this out to its
conclusion, and my opinion is that
even if the REALTORS here admit that
they have such right, the answer of
the commission would be "That claim
has been fixed, ard the money is in
hand to pay it, and you have q clear
right to demand and receive it, and
therefore you have complete remedy
without disturbing this commission. :"
The conclusion reached by me may
work. a hardship to Kersbaw county,
but in coming to this conclusion, l
am but following fixed principle of
law, and if the county commissioners
are bound to pay the claim of a fixed
sum when they have funds in hand
APPLICABLE to that class of claims, not
withstanding the fact that there are
other approved claims not filed in their
Office, for an amount greater than the
sum in hand, it must follow that they
must pay claim of this kind, when
they have more than sufficient money
in hand, and no approved claims other
than this against it.
But in matter Of this gravity it
can be very we'll seen how the re-
pondents, with another claim pend
ing against them, would hesitate on
their own responsibility, to pay out
so large an amount of money when
there would be manifest deficiency if
Kershaw county. the other claimant,
makes good its claim.
T1ndor thoco ciropmcfopooc T 10 NIT
think that the respondents ought to
be adjudged to pay costs, except such
costs as they may have incurred IN
their own behalf.
It is therefore ordered, that the re-
spondents do forthwith issue in favor
of W. II. Scale, as County Super
visor of Sumter county Warrant or
check for the payment of the amount
claimed in the petition, as fixed in
the following manner, viz:
Total of bonded and note indebted
ness, s5, 247.17, to which interest must
be added from February 25th, 1902 to
the date of the drawing Of tie war
rant or check, at the rate of six per
cent per annum, and balance due on
expenditures, s., 206 90, to which inter
est must be added from December 10th,
1902, at the rate of seven per cent per
annurn, and the check or warrant
must be for the total Of these two
sums, with the interest upon them
added thereto at the rates above speci-
fed respectively.
The said warrant or check shall be
drawn against the said fund of ten
thousand dollars realized by the sale
Of said bonds, in whose bands soever
the same may be, ano SHALL be signed
and attested in the usual manner
R. Q. Purdy,
Circuit Judge.
At Chambers, at Sumter, S. c.
September 10th, 1904.