The Anderson intelligencer. [volume] (Anderson, S.C.) 1914-1917, 1914-12-04

lie AND EEeSC C)as lIaFgsE.E.
proposed contract is of the nature
of bond debt (referring to the Char
lesion case), which can not be created
WITHOUT the, sanction of the majority
OF the qualified electors of the town,
| constitution, Art. 8, Sec. T." II he and
the other members Of the supreme
court were Of the opinion that, that
contract creatsd u bonded INDEBTED
ness it Is not likely that they would
have used that peculiar language, to
wit: ut may be conceded. that the
proposed contract Is of the nature of
q bonded debt" To my mind, It was
merely equivalent to say that for the
purpose OF deciding tho two questions
involved it may be conceded that It
was cerating bonded debt, but even
II such were true. and an election was
necessary, then the town council had
authority to order the election and
consequently the contention that It
was without Such authority cyerruled
In coming to that conclusion the
court further used this ianguauge:
Moreover. as the making OF the con-
tract is the creation Of q bonded
debt" etc, but that, to my mind,
merely meant, namely, that 1t may be-
conceded for the purpose of thN de-
4 cision that the contract was bonded
debt. and still the constitutional re-
qairements as to creating a bonded
debt had been complied .rttii.
But let's concede for the sake OF ar
gument Gas the supreme court did
above) that our contract was invalid
at the time It was made, aud then the
question naturally arises whether the
city and the citizens are now estopped
In fairness and Justice from raising
that question. Mr.. Sullivan came to
the conclusion that they were not, and
quoted the case OF Mister vs. Spar
hamburg. 6S s.. c., 33, in support of his
view. That was case bropSht by q
citizen to require the city OF Spartan
bnrg to collect taxes from a cotton
mill that had been exempted from
taxation for a period OF ten years by
the city council. think the follow.
ing quotation from that samc decision,
more In point than the portion quoted
by Mr.. Sullivan, to wit: 'That inost
serious question for the conrt. Is. did
the inaction and delay amount to such
Iaches as will make the grantiny NJ
the petition unjust and inenuitabIea II
30, whatever may have been the rights
OF the petitioners. thew shonid NOT
now be inforced. In solving fhis ones.
tion the Important inoniries aFe, III
Was the delay unreasonahIc. and 70,
Would its natural reslilf be IN ir,rv n
the party against whom the ,elies Is
I sought ?'' That involves moral nnes.
tions that every man can ana war "a,
himself Every citizen has had thr
right to go directIv to the s,,nrame
court to have the validftv of the Gcnn.
tract tested from, fhe varv dav tt,at q,
was signed. And a. thar 'cnnrt sl,n,,id
, hold that the feiay was not nnreaa,
Il onabIe. conld a. hold that sf6a notnro,
resuit of setting tba cSi,frnct nsid@ !,
a would not rauva ininry * tI,., ,S,,,1
pany? hear that INA fcn5cnanv S,a,
snent snmethinr I,irs safi mn a., ,,,,t Mt
tine I'm new mains sscfion a IN, r
Icontrantl PROVIDES fhafS4thg Snsnnan :;
II shaii in,.nefliafeIv rron sccentnrca -. :.
sa,sa - :,
q ne 10 EcnniyaIIllientivs can ana within Z
q months from acoenfance raniaca al
, 4 water mains OF Aonr IN cljea oTs iSsa 4,
!. diameter that are ,,ou, uaeI r., so,,n
II pIy water I'd Are hydra,,fa 'Iystb main.
not less than al, inoheo an aia rator
! etc. Had the cnmhai,y dIelavad mi;
ting in those six Incl, mains mn 4,
this date IL conld n vrelI havS haay
, charged with indifYerence .tnEiifo con
, tractual oblieationa ana that. - v,ouIi .
, likely fail to. perform that mart .nf -,
contract within the time anecif7ed
Would the injury done tho comnan,