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

NeWberry, >. C.-Dear Sir: l nave
read with some interest and more
surprise your editorial in yo:: issue
OF the 24th inst. headed Pay the
Debt" in which you state that the
county OF Newberry is morally bour |
e pay the debt incurred n The pur-
chase of the good roads machinery,
and intimate that the debt should be
paid. no matter whether it be legally
binding upon the county or not.
amvery sorry that this matter has
come OFT just at the present time.
and especially i: the i~nc0a?letc nan
ner that it has. and Iwould have been
glad if you had called upon me and
obtained all OF the facts in reference
70 the matter before the writing of
vcur article.
I will state in the beginning that
there is no intention or desire upon
the part of the present board to repu-
date any debt of the county, but the
law fixes certain limitations and
bounds as to the disbursement OF
public funds by the officers who are
charged with this duty, and all OIL
GERS before they are commissioned
are required to take an oath that they
will perform their duties according to
law and will uphold the laws and con-
S,itution of the state, and they are
further required to enter into a good
and sufficient bond for the faithful
performance of their duties.
This machinery was ordered on the
second day of AMY, 1908, by the for
mer board Of county commissioners,
and the amount OF the contract was
SASSY, for which the board gave its
note payable in December Of that
wear with the right of renewal for a
period of five years, upon the pay
ment of interest at six per cent. per
annum. The principal in the note re-
mains the same, nothing haV-
ing been paid except the IN
1erest upon it. On the 10th
day of February, 1905, the Good
Roads Machinery company called on
the present board to pay the past due
interest and make a partial payment
on the principal and give a new note
for the balance. This was referred
to me as attorney for the board for
an opinion on the matter. and after
thoroughly investigating the matter
7 wrote the company, inter ALA, I'VE
do not care to be placed IN the posi-
ton of a reputation of a just debt
against the county, but as the matter
now stands, we conceive that we have
not only no authority of law to pay
the amount or to renew the contract,
but the board would be both clvllly
liable on their official bonds and also
criminalIy liable under our criminal
code, should they do So"
7 did not intend to give the reasons
for this opinion to the public at this
time. as I thought that it would be
premature on my part, but as you
have commented on the matter as
O have. I will quote certain sec
t;ons of the law which go to sustain
nv opinion as given to the board.
The supply bill. which provides tor
the taxes to be levied in the state and
counties. provides each year that 1t
shall y: unlawful Tor any officer au-
,torized to make contracts to be pald
from the money Ie>i'i provided N
this act. to maxi H. contract or
contracts in excess Of he money
provided to be raised ~ said l2Vles.
and any officer or officers convicted
Of violating the provisions of this
section, shall be punished as for a
,nisdemeanor. All contracts made III
violation Of this section shall be
void"
This section is so clear as to re-
rr,;re no exclamation from me or any
one else.
Section COG, Code Of Laws Of South
Carolina, 1907, Vol. I, provides in