The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1904-08-03
TOWNSHIP BONDS
MUST BE PAID
Judge Pritchard's Decis-
sion I'm Favor OF the
sBOndh0lders.
TOWNSHIPS WILL APPEAL.
RecapituIation Of the Case by Mr.. C. C.
FeatIerst0ne.

MR. EDITOR: | desire through your
coiumns to make a statement in refer.
ence to the litigation now goiog on in
the United States Courts, touching the
| Township tond question. / DO tiiis for
the reason that Sullivan Township, in
cur county. is vitslly interested in the
question, and In view of the fact that
Judge Pritchard, the newly appointed
Federal Judge, has just filed a decree
in the Ninety Six case, concerning one
phase OF the question.
It is not necessary to go into history
OF the bonds were, for with that our
people are entirely familiar.
The bond was issued by the County
Commissioners, rs agents for the Town
ship, under the authority given by the
Legislature. The road was never COM
pleted. The people in the Township
never derived one cent of bcne nt from
the bonds. Soon after the bonds were
sued, our Supreme Court, in the case
OF Floyd VS.. Perrin, held that the bonds
wers invalid and could never be col
lected. Later on, certain persons re-
siding In the State of Tennessee, sued
in the United States Court, and that
Court held that the bonds were valid
obligations, and where they were In
the hands of innocent holders must be
pad.
Sullivan Township was sued in the
Unitt d States Court on the coupons
hat were then due. The Township de-
cided 10 fight the matter to finish and
Ferguson & Featherstone were EN-.
pluyed to make the fight.
The fight was successful to the ex-
tent of about 81 200, that many of the
coupons being held to be barred by the
statute tf limitations, bat judgment
went sgainst the Township to the
amount of about $4,000.
Af;er the judgment was recuyef.i j,
the question arose as to how the money
was to be made. The Township, as a
Township, had no money.
The Legislature was appealed to and
various Ac's were passed for the pur-
pose OF giving relief to the Township.
The boni holders brought an action
to compel the Auditor and Treasurer
to lew and collect tax levy sufficient
to pay the Judgment. This action was
defended and carried by appeal to the
Appeal Court at Richmond, but the
Court ordered the Auditor snd Treasu-
rer to levy the tax and collect the
money.
The Attorneys for the Townships
then broughtan action iu the Supreme
Court the State to eojoiu these Off
GERS from collecting said tax. Again
the Townships lost,
We then wentsto work and got con-
.stitutional amendment through, de-
stroying the corporate existence of the
Townships something which we then
though (snd which we still Think will
defeat the bond-ho ders.
After this. the bond-holders brought
suit against the counties, alleging that
the Townships had been destroyed, end
that therefore the counties were liable.
Judge Brawley heard this case In
Charleston few months ago, and the
counties won-the first victory won by
the Townships in the United States
Court.
Judge Brawley held, in substance
that tho destruction of the corporate
existence Of the Townships, would de-
feat the bond-holders, and that the
only remedy they had left was to APP
peal to the Legislature for relief.
The bond-holders, realizing that
Brawley was against them in his views
Of the law, then went before Judge
Pritchard, seeking to enforce the judg-
ment already recovered by them
against the Townships its cor
porSte existence was destroyed.
Judge Prithcard takes different
view of the ma ter from that taken by
Judge Braw!ey and has ordered the
Auditor and Treasurer in the Ninety
Six case to levy and collect tho tax.
An appeal will be taken, and II me-
cessary, the question will be carried to
the eSupreme Court of the u Uaited States.
The Attorneys for the various Town
ships interested bolicve that they are
going to win tho fight, and that the
tax-fayers will not have the money to
pay.
The litigation has already been long
and fierce and it may extend over the
! period of the next ten years, but the
bond-holders will be fought at every
point, and the fight will not be given
up until the last ditch has been
crossed.
The Taxpayers in the townships are
advised not TO become demoralized or
frightened, but TO keep up their cour-
age to the sticking point.
o. O. FEATHERsToNE.
/ ----o- 90. -s.------