The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1912-07-20
= -. - W

$72.G72.OO
J. ..ce ... from I.r%.az
f-.d sf1er paying loan 10000
$.3.973 90
N. Pits further xtas-i ~ r4nlv
- "cstons. hat unies. ih,re were
V!.I .ese'n ar extraordinary expenses.
~ unty l. sufficient fand. on
a''d or y. viled FOR to cs -. .u tna
'eoa' I.@a york and pay al ordi-
nary esp "ses without embarrass-
ment. after paying the $4,000 ap-
preparation.
me appropriation, in fact. the
whole matter was discussed in a gem
erai manner by the members of The
grand jury and others present. At
the conclusion Of the hearing the
grand jury adopted, by unanimous
vote. Il resolution recommending that
the county board of commissioners
pay oyer TO the city Of Sumter s12-
GEO, as authorized hy the act of the
legislature.
Some days subsequent to the soe-
cia! met ~ t4e .d .u.. he
board 90: cunts c.ar.j -.uner. ...
with al smber- .-ea. 10 coz g.
E and #He acrioa ou .ae es9c.ar.a-
Ion autho..@eG 6y the legislature.
The object of the meeting was stat
cd ~ Supervisor Pitts and the act
authorizing the apilcl..-t..s ~s
read, also the recon =rr.r.sr .t a..
grand jury. Then ....nre t-..tf.,.
from l.. u. Jennin-, county -rt-r-
Hey, was read. Mr.. Jennings gave his
reasons for having declined to ad
wise the county board as 10 what ac-
uon it should take in respect TO TIE
the gist of his COM
lnunication being that he I "a p~-
Nlous!y taken part in the fra ls-. af
the legislation and did not faei hat
1t would be proper to act as TIE a5
wiser of the supervisor and boz. -d
matter concerning which he had TAX.
en- an active part as d rrAstc r,:.-
zen. He gave his reasoI for gavot+.-
the appropriation and |.g .tfrs --.
enactment Of the leg,s.al-,r 44tr .-
izirg the county board to pay over
the money for the purpose specified.
Those interested Will find Mr.. Jen-
nings communication on file in the
Supervisors Office
Supervisor Pitts, having been in
formed several days before by Mr.
Jennings that he could not advise the
board in this matter in his official ca
pacity as county attorney, sought
legal advice elsewhere and obtained
an opinion from Purdy & Bland.
Their opinion, afte .t..-,-c t.-- -ea-.
tions of the const cation torl.6d.ns
the issue # bonds ur tue ewing d
a special tax in 90 Uf r5ir 40,
advised that the apr .Iri..t-on, 1..i.e
not bond issue or a special tax, was
clearly in the same class and thu,
legality of the use of public monev
for the specified purpose was cues.
tionable. The supervisor and board
were advised that the money be not
paid over to the city of Sumter as
authorized in the act of the legisla-
ture. The opinion is on file in the
supervisors office where it can be
seen by interested citizens.
The legality of the appropriation
was discussed by Messrs. ]. Fl. Cliff
ton, l. c. Strauss, r. B. Belser and
II. ID. Noise. who quoted numerous
authorities and DECISIONS of the courts
In rebuttal of the position taken by
Messrs. Purdy and Bland in their
opinion. They held that while the
constitution was clear and explicit in
forbidding the issue of bonds or the
leNElng of tax for railroad purposes.
or In fact for any purpose. except
certain purposes enumerated, there
was no inhibition of the use Of mon
ey in the treasury for any purpose of
public interest and general benefit.
Their position was that since the
county had ample funds on hand for
all ordinary needs and the authoriz-
ed appropriation also. there was no
obstacle. legal or otherwise, to pre-
Vent the immediate payment TO the
city of sumter of the $4,000 to be
used 10 supplement the $4,000 pre-
Nlously appropriated by the city, to
extend and improve the railroad ia
cilities of the city and county. De-.
Dick also spoke briefly in advocacy
OF the appropriation on the ground
TINT