The herald and news. [volume] (Newberry S.C.) 1903-1937, 1905-03-28

STATE Or county Ofncer to issue any
certificate Of Indebtedness" This
section prohibits the board from re-
newing the notes, and the supreme
court OF this state has declared in
what are commonly known among
the members of the bar as the
School Chart Cases" that such notes
are void, and the parties holding the
notes are obliged to stand upon their
original contract, which, in this in
stance. will mean that the Good
Roads Machinery company will have
to rely on their contract made in
1908 for their money, and the amount
can not be paid out of the funds now
on hand. The funds now on hand
are funds which have been collected
for the purpose of carrying on the
county government for the yaer 1904,
and these funds can not be used for
the payment Of any indebtedness &C
crulng during a previous year, as
you will clearly see by reference to
Section CO., Of the Code, which pro-
vides that 1T shall be unlawful for
any public ffcer, state or county. to
divert Or appropriate the funds arts
ing from any tax levied and collected
Tor any n fiscal year to the pay
nent of any Indebtedness contracted
or incurred for any previous fical
year"
Besides the law above quoted, Sec
ton ST Of the criminal code, 1902,
provides: 1T shall be unlawful for
any public officer, state or county, au-
lhorizcd to so contract. to enter into
or contract, for any purpose whatso-
ever. in a sum in excess Of the tax
levied, or the amount appropriated,
for the accomplishment Of such pur-
pose: or to divert or appropriate the
funds arising from any tax levied
and collected for any one fiscal year
to the payment of any Indebtedness
contracted or incurred for any pre-
vious year; and on violating the pro-
visions of this section, he shall be
deemed guilty of a felony, and upon
conviction thereof shall be punished
by a fine not exceeding five thous-
and dollars and not less than five
hundred dollars, and by imprison-
ment at hard labor in the state peni-
Tertiary for a period not exceeding
five years nor less than one year, OF
either or both, in the discretion of the
court"
The above is, in part, the law upon
which I base my opinion. And I
might say in this connection that
this opinion was not definitelyformed
until after thorough investigation and
consultation with two of the leading
and older members Of the bar of
Newberry, and men who have been
identified with county affairs and
county government for the past
twenty years.
The board has not endeavored to
find a way or an excuse to keep from
paying this debt. On the other hand,
I was explicitly requested by the
county supervisor to see if I could
not devise and render an opinion
which would allow this debt to be
paid. But under the law above quot
ed I cold render no other opinion
than ha been rendered.
Upoa reading this law it is clear to
almost any one that the board would be
rot only civilly. but criminally, liable
in case this debt should be paid, and
as local attorney for the American
Surety company, which is surety up
on the supervisors official bond, and
as the legal advisor of the county
board of commissioners, I was bound
10 give them the law as I found it,
whether it be a question of good NOR
ais or not.
As to the machinery, I will state
that l believe it to be a good thing,
if properly used. The present
board has not used it on account Of
the fact that we haze not had Stuff