The herald and news. [volume] (Newberry S.C.) 1903-1937, 1904-08-19

| levvlng a tax to the full limit. and
they continued to levy tax of only
two and one-half mills. which was
no greater than had been levied be-
fore this expenditure was undertaken.
and that under this plan the current
affairs OF the town have Been met and
the lot and building more than half
paid for. and they believed but for
this liquidation the whole debt could
be liquidated Out OF the income Of
the town for the present year.
That the building, as erected. was
an absolute necessity for the accurate
and convenient transaction Of the
business OF the town; and for the pur-
pose OF public meetings and educa-
| tional gatherings. and is in constant
use by the town council in the trans
action OF its corporate duties That
the citizenship OF the town, as we'll
as the constituted authorities, have
used and enjoyed this building. and,
while the town is in debt, which debt
was occaSioned by the erection Of
this building. still the debt could
have been paid long before the COM
! mencement c. this proceeding had
the council Sercised the powers Civ
en- it unG-I its charter and levied
tax to the full limit as provided in
said charter That the debt to the
Bank OF Prosperity-the only debt
OF the town-is a just and honest
debt. every dollar Of which has been
expended for the benefit OF the town
in procuring for it an actual neces-
sity. and the plaintiffs, as we'll as all
{ other citizens, are reaping the bene>
| fit of the funds so obtained, and are
now using and enjoying the benefit
OF this building which this money
helped to erect.
Wherefore. they pray that the
4>eomplaint be dismissed and the Or
der staying the payment of this debt
; be set aside
The answer is sworn to by 4. H.
Hawkins. who has been member of
the town council for a long term Of
years.
Bank of Prosperity.
| The Bank of Prosperity answer
along the same general line as the
town council stating that the town
authorities failed to apply the income
OF he town for the year 1903 to the
rcy13en: OF the note in question as
agreed, "applying the same. as this
defendant is informed and believes,
to other and urgent demands, and
induced this defendant to extend the
payment OF said debt to the 9TH OF
January. 1905 etc.
The answer concludes as follows:
That this defendant is informed
and believes that the money advanc-
ed to said town, and which is evi-
dcnced by the note. the payment Of
which the plaintiffs seek to enjoin,
was used in the erection Of a build
ing which was absolutely necessary
for the corporate purposes Of said
town. and which the corporate au-
thorities and the citizens generally
are now using and enjoying and ac-
tually reaping an income therefrom; ;
! and the plaintiffs cannot. in good con-
science. continue to use, enjoy and
reap an income from the very prop
erty. which the contraction Of this
debt helped in large measure to
create. and at the same time ask the
court TO enjoin the constituted att
thorities of said town from paying
said debt. when said authorities rec
ognize not only their legal but moral
obligation to pay the same.
This defendant. further answering.
says. in case the court holds that the
debt originally made to the Palmetto
Bank and Trust company and now
held by this defendant, is invalid on
account OF the want OF power in the
council to contract the same. then