Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1909-08-24

| mas pTOCeASQeQ. All OI TIE lcSlllllOuy
(over three hundred pages), has been
taken by a skilled stenographer, and
the referee, Hon. ]. l.. Glenn Of Ches-
ter, Zone Of the most able and impair
tial lawyers at the bar Of this state),
has filed his report, finding upon all
questions In favor of defendants and
against plaintiffs, and recommending
the dismissal of the complaint.
l have read this testimony carefully,
in the light of the arguments Of coun-
sci on this motion, and am unable to
discover any hook upon which to
hinge a hope on behalf Of plaintiffs of
ever obtaining q reversal or modifica-
ton Of the referees report.
The ground as to whether or not
Winthrop has the money to apply to
the purchase Of the property from the
legislative appropriation Of twenty
thousand dollars, 1t would seem would
not be Of serious consequence tc the
school district trustees, since as a
matter Of fact, the money for the pur-
chase has been derived from other
sources, and Is now rendered and
awaiting them by the legally consti-
tuted officers Of Winthrop.
The ground as to inadequacy Of con-
sideration and gross error Of judS-
ment on the part Of the majority Is In
no way borne out by the testimony
there is disclosed a difference Of opin-
ion upon a question Of value and ex-
pediency at most In such cases
courts Of equity do not feel called up
on to interfere unless trustees are
guilty of fraud or fragrant abuse OF
discretion. Such case Is not made
here.
The ground as to mistake in the
deed from the Catawba Academy, is
wholly without evidence to support
the contention herein made on the
part Of the Plaintiff Long, one Of the
trustees Of said academy, and certain
ly falls far short Of the requirements
for reforming a deed on the ground OF
mistake as laid down in our state re-
ports in the case of Brock vs.. O'Dell,
A s. c., 33.
Ir my opinion, therefore, the princi-
pie upon which Judge Gage allowed
the litigation to proceed under a
nominal bond, sound at its inception,
can no longer be held to obtain here
in.
This Is truly a case in which the
force and vigor Of the war have fall
en- far short Of the sweeping declara-
tions of the manifesto; and it has now
reached that stage whereat the FUR
ther litigation Of the matter should
be discouraged and not promoted
certainly that those affected by the
action of the majority should be thor
oughly protected from financial loss
from a litigation into which they nave
been forced, and in which neverthe-
less 1t appears they will in all likeli-
hood prevail.
The stenographer's fees so far alone
amount to e34S.SO. Should litigation
proceed through the circuit and su-
preme courts, there will be the print
ing of all this mass Of testimony, and
the fees of the referee, and the officers
of court throughout all, taxable, per-
haps. under the bond chill vs.. Thom-
as, 10 8. c., 237; anyhow showing
the magnitude Of the litigation; and
then such items Of damage as may ac-
crue, and be recoverable herein; and
counsel fees should be allowed after
consideration of that question:; one
which will no doubt be raised.
Five hundred dollars Is not enough
five thousand dollars Is, perhaps, TOO
much. I do not want to make the
bond oppressive or prohibitive; only
protective. I have decided to fix 1t at
three thousand dollars.
The order Of the court Is that un-
less, within ten days from service OF
this order, plaintiffs increase the bond
heretofore given, with the same terms
and conditions, and with one or more
sureties thereon, to be approved py
the clerk Of this court, to the sum OF
three thousand dollars, the said IN
junction be dissolved.
And il is so ordered.
r. w. Memminser,
Circuit Judge.
Charleston, August II, 1909.