THOSE BONDS AGAIN ErIDouglass Repiles to Mr EIot . Mr. Editor: I observe t bat Mr. T. K. Elliott in his communication to your paper, published in the last issue says, that if the proposed issue of bonds to aid in the ;building of the Winnsboro and Camden Railroad be illegal, voters need have no hesitation in voting for their Issue. It certainly would be in consistent for those who believe such Issue of bonds to be illegal to vote for their issue for the purpose proposed, and it would not be commendable from art ethical point of view. My legal opinion is that there is no law authorizing the town council even to order a:s election for the citizens Or legal voters to vote upon the proposed issue of bonds to aid in the building and equipment of a railroad. The town council being limited in its juris diction Is bound to inquire into its power and authority to order such an elcetion, before taking any action in the mater. Lawyers serve a very useful purpose besides conducting litigeion for their clients, and good business men will seek their counsel and inquire into the law touching any matter of importance in their business before they go into it, however ener getic they may be, inithe execution of business enterprises. My friend and those who advocate the proposed is sue of bonds, may indulge the hope that, though such bonds may be il legal and unauthorized in law, the legslature may by a subsequent Act, give them life and render them valid. But the fraimersof the constitution of 1895, have, In my opinion, effectually barred the way to any such legislation. In Section 30. Article III, of the con stitution of 1895, it is provided: "The General Assembly sball never * * * * - authorize payment or part payment of any claim under any con tract not authorized by law." It is further ;provided in Section 34 of the same Article: "The General Assembly sha!l n:t enact local or special laws concerning any ot the following subjects, or for any of tI' following purposes, to wit: I -te I SS I e e e e .III T * corporate cities, towns or vill, in change, amend or extend tbges, or thereof." And in subdi harter e the same section it is on Xft, General Assembly sided: "Thk enact general la 'll forthbwith. subjects for sai ni concerning said be anwrm n ich shall cisiont ch vio-t article, * void, be vi~l.~ X 0excepted ,a.4dcared them null a from their ca*te Acts in questlO ctanebuntles in the Stass. operation. A. S. Dou THE B. 2. BONDE -- tv tu Mr Elliott oa Legal Opinions porta Mr. Editor: Noting a reply, by Mr. is it A. S. Douglass, to my recent commu- to t a nication to your paper on subject of not h railroad bonds and his opinion on legalfoa matters connected therewitb, I pre- when sume, though I have little time to upon spare, I might as well take time to pre- the c 0c sent this matter as thoroughly as I am take able, but in a suggestive rather than the p1 exhaustive way. citize I will remark in the outset, that I If, am going to drive straight at the mark mun with no intention to give offence, and meut unaoght in malice set down and naught more j extenuate." an ele First, as to the matter of my friend's sch legal opinion in the premises; of corelater he had a right to give unsought ad- publi vice to the town council, but would do (If well to remember that such advice is tic p sometimes not valued. ow I have no doubt that the town conn- Thej eli thoroughly knows its duty and has willa legal advimors of its own. savn As to the matter of legal advIce, comp anyway, it is on ancertain thing. I annua have a friend in an adjoining town $50,0 who has been manager of a bank for saviI3 something over twenty years. For the coto first twelve years of this period, the impo bank's legal adviser was one of South the in Carolina's most astute lawyers, He It i had always advised my friend, that in lne.i order to hold the endorser of a promis- petiti sory note liable for the debt, tbe note full e must be protested at maturity, and fairs due notice served on the endorser. vestum The law itself prescribed the fee can gi which the notary public was entitled (calli to receive rar ibis work of protesting, dent and which the holder had tbe right to it il collect with the debt. hanice My friend was a zealous baniker and shouli had read many of the standard works cured on law on this subject, all affirming the at the same position. nor 01 The legal adviser died, and another I cc adviser was selected-:.ole. prudent, presei cautious, conservative. aiy friend re- electi' lied with the u~most confidence upon tha' v his opinion in all matters, and paid, there with the greateit alacrity, the annual purpc stipend for retanitng his counsel. He the cc had always coulnselled my irienid to til we the same effect, on the above subject, we l.,e as his first legal adviser did. 1 am from stare that Mr. D~ouglass knew both of 1884t these legal adviders and esteemed them (accol hijkhly. We Sometime ago, however, another pand attorney in the same town challenged inanit the right of my friend to collect any effort fdeir;E my sriend was as surprised hamtr ad ibdignant as if the lawfulness of his marriage cont' act had been called in question, and sending at once . for his legal adviser was astonished to THE id when the question was submitted isemi-a to him, that he begin to hesitate, fill and tack, reef and unfurl, hem and haw, and asked tor time to investigate a matter, that my friend had been so advised about as to consider as well settled as the course of the stars it their orbits, for, mark you, my friend's legal adviser was one of the directors of his bank, and when, in the course of the usual bank examinations, he came across overdue paper he was very inquisitive to know if it had not been protested, and cautioned against the dangers of a failure to protest. My friend waited for two hours to get sn opinion, and when he called up his adviser he begged for one hour more, and finally went in to say that the "usages and customs of banking," he thought, would mike a good de fence, but he could find no settled de cision on the point. So much, for how much of law is settled beyond questiou. The fact is, that the lawyers, like other men, read the law accoiding to their temperament. The cautions and timid men unconsciously stress the prohibitire featuies of law, bold and sanguine men stress the permissire fea tures of law. The one sees the lions in the way; the other sees that they are chained. Why t-houldn't the town council order an election? Must everything stop until the construction of every lawyer on every law be settled? Doesn't the law provide the proper tribunal for testing what is law and what is not law? Can any damage come of this save a few dollars of ex pense incurred by the election, and that, so far as the writer is concerned, he himself would personally pay, rather than have self-appointed udges declare what may be done and what may not be done. Is the gentleman afraid to trust the verdict of the community that Le balks so before he is spurred? Shall the men in the commuoity who want to do something, and do "with their might what they find to do," be restrained in laudable efforta by men who seek rather to find what can not be done? Is there any thing of moro Importance to the public than the matter of trans portation of the varied products com ing in and going out? Doesn't the rate of transportati'>n enter into the costof st o c rn read t'at ry coon ranc egand must the illionaires in the multitude of his ti atters remember always tbe cost of it eights? Must it not be estimated al rbenever a:child is born into the d orld, a marri,&te is celebrated, a ri neral takes place? Doesn't it de- a ermine what men may undertake and ft rnat men may not undertake with. fetv in every community? a Raise it, and luxuries must be tI >pped off, conveniences curtailed, de- tl drs denied, effort crippled, enter- z rise strangled. Lower it, and communities, like it 'henix from her ashes, rise and double d heir population in a deca le, and yet, t( rsooth, a community that oeqires to s' st the opinion of its citizens as to t< eir willingness to increase the facili- b es of import and eiport must be it oppa4 by the voice of a conservative q ostructor of the law ! It becomes business men to band to- I e ~ether, to sink personal differences, P d prejudices, and to take personal P isks, in order to forward the material terest of the communit'y. Have lawyers no duties but to doubt? E an . of communi- ~ 'ts trans- t usiness r ing itself to multiply ion facilities? Whose ut their own if they be wil in themselves? Why should they persoi ve as much right to do thbat as payah y other public benefit? Have State, t seen, in the recent elections, excha cmmunities desired to impose necess themselves burdens greater than custot ntitution allowed, a special vote far ba on the subject of amending the protes tution so that they might have inland -ivilege of doing what their own chargi is wished to do? notes u my friend estimates, this comx- placed y can only issue $33,000 ot ad. have al bonds, will not their invest- as we in a competitive railroad be due oi roductire than an investment in have 1 ctric or water plant? Will not gardt n investment bring about an in- ways of taxable values that would ment assure a basis for these other ty, an works? to the e is willing to furthrr an elec- liable lant, I know a citizen who will conve ice 1-8 the cost and agree to do ment ~hout interest for five y eara.) endor freights now paid by the town 'to pro pproximate, if not surpass, $200 all gi iy, or $60,000 per annum; a bare officer of ten per cent, by reason of the ceu ~tition, would save $6,000 per pect tI . The interest at 5 per cent on notice 0 of bonds would be $2,500. A exami of 25 cents in freight per bale as 182 i,or an export of 10,000 bales this Si , or an aggregate export and the uc t of that amioun would pay any terest charge. hi red < not necessary to enlarge on this was b The town should require, be- note maying over the bonds, that com.- againl n be assured. This done, to as bill or tent as the nature of man's af- law. il permit, the value of the in- law bh ut, (for heaven knows the town chantt t stock if it wants it), or bonus, long r t what you may), is as self evi- nized 5 Euclid's axioms, when not needfal to speak of the en.- fre inent of the value of properl3y, "the r a competitive railroad be so- to pro ;or of the stimulating efi~ct on - a gr tivities and spirits of our people; have I -other phases along this line. cf the me to the finale: We believe the If I. t town council will order an sonall )n but if not, we will elect one I have Till. If the courts decide that The V is no law to vote bonds for this dent se we will go to work to have charge nstitution amended, and not un- tbat it are defeated in this effort will to pro content to continue to shrink the pa taxable value of $600.000 in due 1 a taxable value of $5G0,000 tcent, ding to my friend) in 1900. to end pre fer to burst in theC e/for-t to ec he prc ed grow than to die of palsy aud I air en in the fear that the cost of terpr-i may put us under the sheriff's compe er. - [lowe T. K. Ellot t. pai co >w is the time to sitbscribe t ond SEws AND HERALD. Published upon veke. late THE RIGHT OF FREE SPEE 'ff. Mr Douglass Asserts His Consti 0; Right to be Heard in This Land ty--Eis Argument Is that T the Promotion of Private Ent Even Though it be of a Pabi is Wrong in Principle--Ralir Good Things, but so are Name Things, Such as Cotton MI Where is the Authority to la all the People for their Constractio Mr. Editor: The communicatio Mr. T. K. Elliott published in t issue of your paper, contains a c deal of matter that is entirely le ant to the question under dis io to wit: the power and authorit of t] town of Winnsboro to issue neds aid of a railroad and the an ority the town council of Win aboro order an election for sc, purpos What I have written has 1gen a dressed to the reason and intenigeni of the citizens of Winnsboro, includir also the town council. When tLe p tition, relating to the issue of bonds 1 aid in the building and, equipment < the Winnsboro and Cauden Railroa< was published at the instWae of u friend, the legality W sac# issue ( bonds, and the power 4nd apthority c the town conncil in e plemises, bi came a matter for blic I discussior and of interest to a' the taxpayers i the town of Winnsb ro. In givingnm legal opinion in reference to the pr( posed issue of boqis, sustained by th sections of the .onstitution and th statute law cited, I have only exei cised the constittional right of fre speech, which i guaranteed to th humblest citizeryn this land of liberty and I propose ii all proper occasionf when I think tO public interests de mand it, to exrcise this constitutions rigbt, withouffear, favor or affertion buL at the sige timC with due con sideration, a0 respect for the right of others. "The very Ad a front o fendinp Hath this e I expect the eir own attor ei rcted as to the heii thority in. the u aty as they may be igard to what I ma ed by "the mnale" w iend's communication. In regard to what my >out legal advicebeing ao ing" and as to.'what be' e legal advice given to his alous banker," by his legal ith respect to the necessity of prote g a note in order to hold the rsers liable and the payment of p' at fees, I suppose my friend bi >me object in inserting what purporta be the experience of a manager of L ink with bis legal advisers; but to frxr seems, meat ion unoder diucussion. But wh rer sting may lurk in it, is vt ~sily extracted, and whatever v urpose may' underlie i ertectly harmless, b,, ent of the law. g' , - tate, whene? ,,,s iade, hay ' ill of eN 2ade r - 'living th t ut if ano -ftmade by a As aresiding in one State and e to a person residing i another tht it is considered a foreign bill of agi ge and protest is absolutely nei ary. But it has always been the mo 2 of the banks in tbis State as ik as my knowledge extends, to s t all notes, whether oasesed as he .bills or foreign bills, and to fre protest fees,, and whenever hol which were protested have been o in my bands far collecrion, I , ways collected the protest fees cre I se the principal and interest der i . While the courts f.,r geld as above stated, with re-he o protest of notes, they have al- h isisted on proof of the preseut- rat >f a note to the maker, at matui-i- at of due notice of non-payment and endorsersi in order to hold them inc for its payment. Hence for urr diece of proof of due present- the and notice of noe-payment to the lati ers, it is the custom of the banks nes test all commercial paper, and rai] >od lawyers will advise bank wi to continue the observance ofan stom. and will took for and ex- gra us customary evidence that due po, has been given to endorser,, in the ning bank assets. As far back ex; 2, by an act of the legislature of for ate, it was provided, that where the tary public, who had protested but sland bill or promissory note, All >ut of the county, in which suit ha' rought, bis protest of the bill or tha is sufficient evidence of notice Fai t any of the parties to such wo note. Commercial usages makepa The whole body of commercial per ud its origin in customs of mer- ret anid grew and increased by wh sage, until it came to be recog- the as valid law by the courts. Soi the legal adviser of my friend's ont d the zealous banker" spoke of mil sages and customs of banks" as be testing paper, he meant something roa eat deal more than seems to if, >eenI impressed upon the mind pri "zealous banker." Ion a~m allowed to refer thua~ per- ties Sto myself, in this connction, ani advised the present cashier 0f opt insoro B ink, while its presi- am was absent, or did n-,t have Iti of the notes or bank paper, tr was nrt absolutely necessary ute Lest a promissory nto~e where gre rties lived in this State, prrovided get otice of presentment for pay- oti< and of non-payment was given I i orsrs, if for any special reson, the fered not to protest the note I roa not opposed to my frien~d's en- 'a v e, but would be glad to have a un: tirn railroad to Winnsboro- pre ir, I am opposed to the munici *poration of Winnsboro issuing to aid in the building and equip f a railroad, and levying a tax B t- O:zans to pay thesn. It vio ,la e.t1tintinnal principles governing taxation. The town cour al cil of Winnsboro under the Stite Con stitution is invested with the pow r er to ::. lect a tax only fo corporate purposea, and tbe propose, issue of bonds to aid in building railroad from Winnsboro to Camdei is certainly not a corporate purpose appertaining to the municipal corpo ration of Winnsboro. Tne incidenta benefit arising from the building an 0 operation of such a railroad will no jastify such taxation. Towns ar L built up and property within theii at limits is increased in value by factorie, y- and other industrial enterprises, a n, well as by the building of railroads Chief Justice Cooley, the eninen be author of the standard work o' can in stitutional limitations, in a eve wher< of the Superior Court of Michigan lvl. to such an issue of bonds uncon-u.iia. says: "The difference in te c would be in degree, and not i; ki and it would be easy to sngge't en - -e pri'es as to which, the compari even in degree, would not b- t* b advantage of the raiiroad. Ai.t wb -i we have once determined thut; :a t o cipal government can tax its ci.:zens o >f make a donation to a railroad co 1, pany, because of the incidental ben fits expected from its operations. we ' do not ao a sirgle step further wheni o we hold that it may use the public f funds to erect a cotton or wuo!e.: fac . tory, or a building suited to the mann f re of tobncco and reent it on n I e and growth in pop ion b lishment of factories and other indus e trial enterprises, 'with only one rail road. In less than ten years. its pop e ulation has increased from about fif e teen hundred to over five thousand, as shown by the United States censns, and its own people claim that there , are seven thousand people iv the town and suburbs. Its town council has recently issued $85,000, of 4 per cent bonds at 101.05, for the construction of asewerage system. Yorkville has had the advantage of'two independent a lines of railroad, for ten years or more, and has now a population of two thou sand and twelve, and only recently has commenced to grow by the erection of factories and mun*cipal improvements. A correspondent of the Charleston News and Courier, who is a resident of Yo.::ville, in a very recent issue of that pa. 'r says: "Yorkville is &t the mercy of two independent railroads, and would be glad to see them both gobbled by one of the great systems." If the town of Winnsboro should issue $50,000 of 5 per cent bonds, as proposed by my friend, it would have to pay not only $2,500, interest each year, but an additional amount of $1,250, if they be 40-year bonds, for a sinking fund to pay the principal when due, as required by Section 7, Article VIII of the Constitution of the State. The amount raised by the taxes now levied by the town council amount to $2,500. To pay the interest and pro vide a sinking fund for the payment of -wa boads at their .002 both roads, to 5 in t same territory thei G. & C. railroad for1 ent feared his road would lose busi- plai ;s, but instead, at the end of sonme N nths he found that the fare, ftor pas igers alone, amounnad t o more than To: bad previously taken for both e: ight and passenger. If this is so, P y much may we expec t the business T the C. C. & A. railroad to be in- this aied when the Winnsboro and Cam mo0 railroad shall be built and carcied Clet ther on, as it will be if it comes Iat X e? The freight of the C. C. & A the road, instead of $60,000 a y ear, as 1t present, will probably be doubled| E I the business of the county greatly reased. Fairfie.ld, from being nat-.. uily the richest, has become one ot poorest counties. The white popu- I on is sparse, its lands wachedt arnd tlected and ita roads bad Without f troads the plantations of the c~):uty j I remain comparatively value ers I our good people, who do not cmi .te, will continne to be harassed by rerty and debt. I have grieved over Y condition of our people and I hrave! and >ended the energies of my life in ef- enio ts to get railroads, in order to lift fron m out of the "S ough of Despond", Con I have been a verit abe Cassandra. dIer' my arguments and all my warnings Mat re been unavailing. If I had known suit t my efforts to restore prosperity to rfield, would have so failed, I nld have moved years ago to some ce where I could have had pros- A -ity around me and been enabled to The sin the prodnets of my own exertion bar ich I hive not been ab'e to do 'O mul county of my birth. seil lut for the glimmer of light given any by the granite quarries, the cotton to I and the oil mil. the prospect woud you blue indeed. But the proposed rail- R d will be worth them all and more, doe' ye can get it. For similar enter- wi.ll ses and on a greater scale would not sumt g be delayed. With railroad facili our water power anid agricultural mineral resources will be deve! .d and the county will take its place ong the wealthiiest in the State Ibuy s toe late in the day to waste words to r ing to convince any one of thbe Tbso 3 necesity of railroads to the pro-/ ss of the country. That all intelli t, (not to say benevotent arid patri :) peop!c d not join heart and hiand ~fforts to give to the community all benefits to be (lerived from rail ds and do niot refrain from uttering ;ord that might be construed into ~riendlincas to thbem, passes my com hension. G. IH. McMaster. Lf C .A m TO B.I.A' Ibe c AYgetablePreparalionf~eAs similating iteFoodandpeg ua ting the Stomachs andBoweis of Promotes DigestionCheerfu' ness andflest.Conlaints neiiher Opium,Morphine nor Minmcz NOT NAR C OTC. AwJa-rArS I 2ZPD NER A perfecI Remedy for Constipa i Tion, Sour Stomach,Diarrhoca Worms.ConvuisioPsFeverish ness and Loss OF SLEEP. FacSimile Signature c NEW YORiK1 EXACT COPY OF WRAPZSr. SUMMONS. STATE OF SOUTH CAROLINA, COUNTY OF FAIRFIELD. COURT OF COMMON PLEAS. The Peoples Bank, of Winnsboro, South Carolina, Plaintiff, against Sol. Wolfe, H. C. Wolfe, David C. B. Wolfe, Sara W. 0)esPorteq, Re becca C. Brannon, Etta L Nathan, D. J. Kaufman, Isabelie Baruch, and Rose E. Lytton, Ilefendants. Copy Summons. For Relief, Complaint not Serced. To the Defendant above-named: OU are hereby summoned and re 9) the Conrt cf saidCony cefl un tetime aforesaid, th~e plain t:ff Coil bis action will apply to the (Court Mo he relief demanded i the comn- UA ut. pro: ovemiber 30th, 1900. A RAGSDIALE & RAGSDA LE, lyi1 Plaintiff's Attorneys, of til of the defendants abve-na:med on :cept the defcrdant Sara W. Des- 0 rtes; Wi ke notice that the comnplaint ini action (rogether with the sum- mo is, of which the foregoing is a hot )was filed in the office ct the Mai k of the Court of Commonno Pleas, i innsboro, County or Fairfild~', in S State of Sonth Carolina, onI :he Ca ]y of Decembler, 1900. RAGSDALE & RAGSDALE, 1-6t Piaintiff's Attorneys. a cr equi bn Kay OUT hAVE M ADE A BIG CROP ieceive i a goodl p isi; why; noi ylife by prc-igaichoe m.I iave three ori four gbod ibination lf.rse-, up-to-date s'd e and nice drivers; ab-o three nicej s, good workers and well bred .Ule for brood mares. M UL ES. d haw 8 or 10) welhbrkeMn I. l work.So-tre~'f th em aro la tur1' e, suitable fc r heave work. I s 4n" hem as cheap as vonl can bi. th ce here. Also a few plaig .C m m e ine :m0 1 wil 'ry andc p o: temnber, if ,11 iuia-'.: :0 ' to 09 vo qc'h ut- uiva a j) ry nd e o aeoeta CATT LE. ne un alwvav- in the ru t .= .s -. an ic laSs of catt le that nu. have .~ S-e me I. ors' vou 2e.C F: IE PO.SITiON OF~ iillENT' 31. Special Agei:; of the Eq .i: W~ Annrance 5 '1 e; ror Wi mboIhfro) vicinity la openeCd t': a mn* . character and abili''. A ' . un Fetb ,ut' aet, carrs ing reiC wa, wi ! iveto t )Ihe rig t mau. M d r* , M J. RODEY,.wr ,RockHiii (a - In Use For Over Thirty years TORIA Ccr-!AUR COMPA4Y. x.EW YORK CIT Notice. To the Public and to Whom it May Concern: Notice is hereby given (hat I have this (lay sold to D. V. WALKER & CO. the entire stock of merchandise of the late Q D. Wi!':.'d, 'and I re specifuly ask that my triendR bestow the same liberal patronage on them that they have given us in the past. J. L. MIMNN GH Administrator, W)inusbor ), S . Dec . 26, 1900. We having this day purchased the stock of merch-indise of Q. D. Willi ford, dec'a-ed, respectfuly isk a share of thbe pn blic patrouage... Oar aim will be to carry one of the best stock of' goods in the up coin ry, which we comielif- ' 's~vhich will d 'fy W ALKER & CO. 00 12-29 K'S SA LE. di of a decretal order to me d'ted, I wili -eli beforc the rt iio'nse door in Wi:a.sbro on NDAY, THE 725 DAY OFJAN [tY, 19i.1, t he foiiowingdescribed erty, to -Y.L 11 that plan)ti i eT tr.et of land, g, 'it uate and beinkg mn the County he wats of' Cedar Cn ek, abant mtile west of the town of Ridze ', containmng TWO HUNDRED ACRES, ei or lee, and being th? tract of Iikvised by Mb. A M. Logg t - y E. Kee, an~d of which the sai - y E Kee~ died seized andI p.ovessed._ aid 'at thie suit of John A Kee vs. TERMS OF SALE. 'n-third cae anid the balance on edit of one andi' t'X(J years in two a . i n-al ment s, e ith iteres t fr.'m d' f sa>e, to be .ccared by thie d of the purchs.:r and a mortgaze 4e preise Nd,'" w i h e i ns p&:li n :, |. r-d(it ~. - -in ci-h. The. purch? ier .al cr . aper and ii re*ve'nue stampe;. C. C. 1. P. heme ( ny erk's Office, Dec. 15: 100. ax Returns. I!E OFFICE OF;COUNTY AU iarv t.> 'he 20-h .dr* of Fe'bruary H. itrn- ;o 1)' madei of al -r - pro;..ry A * n-dl'y ot 50) per e returis wi'th'in t e ab,v e men a he :Ze of '1 :t-. G) :r: ij~ 'i !aL I a- :. - -- --19 C.:,a .1 . qui ' Ct e e Ml.)wing 'ieces n te. -y -peci *bin,*~ u d. J.nuar 15. l I ickhnresday,: uur 16. osbyville, Frida-:, .J mum- 18. o Jdr at iay, Janutar; E a-!an:: Grvs Th i v , .Ja:muary . 'i:: ! I0.F iI-v. '. t v 2.5. ''to-.', Tu- Ir J i avy 29. L. Con 'P T r . Ja .ui.tr shevoo,!, F'ddn . Feiu a y1. J.ewvay, Tue-jir, Feb. tary, 5. -uary 6. nkins'.ide- TIhuv' lay, Fhruary 7. >ntCil:0, F~ i y. . Febuiry 8 JT. T . IHCIIMOND, A. F. C. 'd