The herald and news. [volume] (Newberry S.C.) 1903-1937, 1905-12-01
PROSPERITY CASE
HAS BEEN DECIDED
DECISION RENDERED BY THE
SUPREME COURT.
Real Debt to Bank of Prosperity Fix
ed at $3.50, With Interest From
July II, 1907.

! The supreme court has handed
down its decision in the case of GER
tain resident taxpayers Of the town Of
Prosperity against the town council
and the Bank of Prosperity to enjoin
the town council from paying a note
| for 81 900 given to said bank for mon-
| ey borrowed for the purpose of build
ing town hall, market and guard
house. The supreme court has decid-
ed that the real debit is $3.50, the
amount actually recei7ed and used,
with interest from July II, 1902, at 7
per cent, less any sums paid by the
town thereon, and this amount will
now have TO be paid.
The attorneys in the case were
Messrs. Bellinger. and Townsend for
the plaintiffs and :Messrs. Hunt, Hunt
and Hunter for the defendant. -:
The opinion, written by Mr.. Asso-
ciate Justice c. A. Woods, Mr.. Pre-
siding Justice Eugene B. Gary and
Mr.. Associate Justice Ira B. Jones
concurring, follows:
r. L. Luther, J. B. Simpson, w. A.
Moseley, J. B. Bowers, T. A. Dom
nick and ]. D. Quattlebaum, Plain
tifs ~
Against -:
II. S. Wheeler, as Intendant, and S. S.
Birge, A. H. Hawkins, r. c. Counts.
and D. w. Boland, as Wardens, con-
stituting the Town Councilof the
Town of Prosperity and the Bank
of Prosperity, Defendants.
The plaintiffs, as resident taxpay-
ers of the town of Prosperity, brought
this action to enjoin the defendants as
intendant and wardens constituting
the town council of that town from
paying a note for 81 900 given TO the
Bank of Prosperity for money Dor
rowed for the purpose of building
town hall, market and guard-house.
On the application of plaintiffs at
torney's, His Honor Chief Justice
Pope granted at chambers, on August
4. 1904 a. temporary injunction, AMI
required the defendants to show Gauss
why it should not be made permanent.
The defendants appeared ':n Angus:
1S, 1904, in answer to the rule to show
cause. and it then appearing that is
sues of fact were involved, H. c. Hol-
loway. Esq, was appointed referee Ito
take the testimony and report the
same together with his conclusion
thereon, to the supreme court at its
regular November term, 1904 The
facts as found by the referee are Sub
stantially as follows: On March 9,
1902 after due notice given by the
town council about 65 or 70 out OF
the 90 or o5 registered voters of the
town OF Prosperity. at least one OF
the plaintiffs being present. met at the
High school building for the purpose
of nominating an intendant and war
dens to serve for the ensuing year.
The testimony shows after the noml-
nations resolution to the effect that
it be the sense of this meeting. that
the new council procure a lot, and
erect thereon a town hall, market and
guard house." was unanimously adop-
ted.
The design and cost of the building
were not considered at this meeting,
and at no time was the question OF
borrowing money for its erection ever
submitted to the citizens Of the town,
the newly-elected council assuming
entire charge of all these matters.
The new council made an estimate OF
the income of the town for that fiscal
wear. and reached the conclusion that
| by managing economically they could
paw $3.50 for the lot, expend $500 on
the building, and still meet the ordl-
nary current expenses Of the town.
| On June 80, 1902, lot for the site OF
the building, was actually purchased
at the price of S15o, council giving