HERALD. vol. ni. DARLINGTON, SOUTH CAROLINA, FRIDAY, MAY 19, 1893. NO. 88. current topics. Wilt YM Mtw AH® WHAT YOU MH’TKMW. ftnmh ai4 Skwt He»s *f !■- tenrt to tho Local »4 General toa4er. If JOU would save money patronize TnH ERALD job office. The town council has extended the time for paying taxes to May 31. Jin/A. H. Edwards left on Tues- ^•y ta riait her parents in Anderson. JCisaes Jennie and Ola Hast left ^rTueaday for the carnival in Ciol* nmbia. Mr. E. K. Cox came out second in 1 prise drill, on Wed to take in may has gone 1 the wedding kApdtotoes add — -aj-j to the menu w Win Irwin, of New York, spentftanday and Jlonday with Mr. &&WFoods. Blackwell Bros, hare some- tins issue in regard > say in ftna Dora, of Dowsville, l Sunday with XoLoann wu .jttof th* wmk, tl £ H> WaddllL „ , HtidiWi has Appoint- tost byoicle -‘HI streets. If there is no ordinance against it there ought to be one and it should be rigidly enforced. A few Sues would soon put a stop to the business. Mr. E. Keith Dargan is the first of onr citizens to attend the Chicago Exposition. He spent this week in viewing its sights. It is very probable that a good many people may attend during July-and August, from this place, as it is probable that the railroad faro be cheaper by that time. Hon. J. K. Law, one of the ji of the superior court of California, was in town this week visiting rela tives md friends. As most of our readets ' are aware, Judge Law is a native of the town, but has lived , on the Pacific Coast since 1868. His sister, Mrs. Player, will accompany ifornia. and a -large nnthber at enthnsiadtic citizens went down to the depot on Wednesday night to give the Guards a reception in honor of their victory, and were very much disappointed that they were not on the train. It was im possible for them to get off in time for the afternoon train, a part of them returning Thursday morning and the balance at night. It would be a matter of great con venience if the council would have the names of the streets pnt np at each corner. As things now are it is impossible to direct anyone to a certain street for the simple reason that he has no means of knowing whsnhelms reached it. The oost of posting the names would not Mount to very much, in fact, it is [ obabia that the residents of ths s strests would pay for the work. Ahd whin thsy ato tteotsd there should be a ssvere penalty for di ttoing them. Her. Mr. txrtrris, the Agent of the Seminary at Columbia, preathed at the Presbyterian ohtuth Od Sunday wm ■ iht, ^ morning) and gave alfcbturfe at bight, "*>w hbtigbt on which was a very interesting bnfe. at Tub Hibald His subject Was the Iffltttftifflce the fari that none of the Columbia oompanies wen entered in the contest Had the Darlington Guards lost we are satisfied that they would have tab* taitted with good gtitjej while at the Same time being bitterly disappointed. Of course it is not pleasant to rive tip the champioiubip, but we Believe that tbe award was just, ahd we hope onr Charleston friends will Become teconeiled to their lose* to fWIowar Oak will on THE NEW BONDS. THE DECISlfll #F THE SUPREME COURT RENDERED. All Constitatlenal Points Decided in Favor ef the State—The Petltlca for an Injnnctioa Refused. The decision of the Supreme Court in the bond test case was filed Monday. As was anticipated, the legality of tbe issue of the new 4} per cent re fundment bonds was folly sustained. This was an application addressed to the coart by the plaintiff, as aciti- ten and taxpover of this State, to enjoin and restrain the defendants from tesning bonds to the amount of $5,850,000 to the Baltimore Trnst **■ Guarantee Company, under said company and n thC gronnds imw me act of the General Assembly purporting to authorize such issue is unconstitutional and void. The de fendants demurred to the petition presented by the plaintiff, and thereby admitted the material allegations of facts made by the plaintiff. So that the only question presented for the determination of the court was one of law, viz;, whether the aot above referred to is unconstitutional. The plaintiff claimed that the act was not passed iff" conformity to the requirements of section 7, article IX of the Cohstitothm and has not, therefore; the force of tew. That section of the Constitution reads ft* Bat Mrt Hhunf) Mr. Wolfram's house on the t street has been finished. Mr. W, J. Moofehead it bniktlg a'tnice house on the adjoining loti^ Mr* L* G* McCall’s two cottages on Mowry street will soon be oat of the hands of the-contractor. Captain Coker’s house on street is nearly completed and soon be ready for occupancy. Mrs. Zimmerman’s bouse Church street is nearly completed, as is also Mr* J. S. Burch’s residence fronting on Orange street. Mr. Hertz has just commenced the erection of a residence on Broad street, between Mr. West’s house and that of Mr. A. W. Welling. Aattker TaxQnestisi. Whatever may be the opinion as to the merits or faults of the present State administration, no one will question the statement that it is the most sensational that we have ever had, and the facility with which onr present officials spring new and surprising issues upon us, is more a cause for wonder than admiration. Scarcely a week passes that does not bring some decision on their part, in reference to some special law, that is often times both absurd and unjust. The latest sensation is that muni cipal authorities mnst pay taxes on property that is used exclusively for public purposes, and if this interpre tation is sustained by the courts, our cities and towns must pay State taxes on their station bouses, fire engines, horses and every other species of property that is used by them for public purposes. If in Columbia, for illustration, the property of the city is required to pay State taxes, then the State House, Governor's Mansion and other State property ought to pay’ city taxes. ]■ i„. So tar as our knowledge goes property of this rihai-aoter has always been exempt from taxation. A city hall that contains offices for the municipal officers, is just os much a necessity to tbe city as a county court house is to the county and is just as much entitled to exemption from taxation. The Supreme Court has decided the Chester liquor case in favor of the State. Ladies’ and misses’ Oxford ties, 60c. to $3, at Blackwell Bros. Invitations will be out Tuesday for a party, at tho residence of Dr. S. F. Parrott, ou June 6, when Master Herbert will entertain his friends. A picnic will be .gp ven by the young folks at the mineral spring on Tuesday, June 6. The Herald has just received There was not the least single feature 1°b press fresh from the mauu- of unpleasantness. facturer, and will compete with any The official report of the Printing house in the State in style had 18 errors charged against the uu l P rlces . Darlington Guards, 55 to theSnuiter Gnards, 31 to the Gordon Light Infantry and 51 to the Lee Light Infantry. -m 6CMTEB6 PROTEST. fkt $**f an4 Courier ef jfotttf- i Buy tbe Heymld’s shoe, found only at Blackwell Bros. Malden, Moss., has sentenced a young girl to six mouths’ imprison* mtnt for marrying a youth agaiait fair pnuti' wuhrii “For the .purpose of defraying ex traordinary expenditure# tbe State may contract publle debts, but inch debt* shall be authoriaed by law for tome single object, to be distinctly specified therein, and no such law shall take effect until it shall have been passed by a vote iff two-thirds of tbe members of each branch of the General Assembly, to be recorded by K ind nays on the journal of each » respectively} and every sttch iaW shall tevya tax annually suffi cient to pay the ahnfial interest of ■noh debt*” The court says: “It is very clear that if the act in question can pro perly be regarded as authorizing the unwof bonds for the purpose <3 de- . ng extraordinary expenditures, it would be unconstitutional because not passed in the mode prescribed by the quoted section of tbe Constitution. The material inquiry, therefore, is Whether tiie set in question is to be tested by the provisions of section 7 of article IX of the Constitution, or by the provisions of section 10 of the same article, which reads as follows: ‘No scrip) certificate or other evidence of State indebtedness shall be issued except for the redemption of stick, bonds or other evidence of indebted- ness previously issued, or for such debts as are expressly authorized iu this Constitution.’ For while the language used in section 16 is nega tive in form, yet it is clearly a nega tive pregnant and necessarily implies that scrip etc. may be issned in the coses excepted from the prohibition to-wit: ‘For the redemption of stocks, bonds, etc., previously issued or for such debts as are expressly authorized in this Constitution.’ “It seems to us very clear that these two sections of the Constitution (the 7th and 10th) relate to two entirely different and distinct matters. The former authorizes the contracting of a public debt for the purpose of ob taining money to defray extraordin ary expenditures, while the latter authorizes the issue of scrip or other evidences of indebtedness for the purpose of redeeming bonds or stock previously issued; and we think it equally clear that the bonds author ized to be issued 1 y tho act of 22ud December 1893 are intended to be, and can only be issued for tbe purpose of redeeming bonds and stocks pre viously issued, and not for the pur pose of obtaining money to defray extraordinary expenditures. The terms ‘extraordinary expenditures’ necessarily imply new obligations or debts which had not been previously incurred, over and above the ordin ary current expenses of the govern ment, * * * But the scrip or other r .deuce of indebtedness, authorized to be issued by section 10 of article 9 of the Con stitution being for the purpose of redeeming bonds or other evidences of indebtedness previously issued, and not for the purpose’of creating any uew debt, there was no necessity for providing any such safeguards os are round in seotiou 7 of article 9 aud article 16 of the Constitution, because the bonds issued under tbe authority of Section 10 would be practically nothing more than a change in the form of the evidences ofdebtpre viously contracted by proper author ity.” It was urged by the plaintiff that the act of 1892 authorizing the issue of bonds violates article 16 of tbe Constitution. In regard to this the Court says: “It is very manifest that tho object of this constitutional provision was to prevent the General Assembly from creating any new* debt except ‘for the ordim ry and current’ busi ness of tb State unless the mode therein prescribed shall be observed.’ “So that the material inquiry now U whether tb* bonds to be - issued uttiter tb* authority «f tha aet »f 1892 will fix upon tbe State any new or additional debt.” The Court rea sons that considering this a new debt is a narrow view of the sabject and inconsistent with tbe general scope of the Constitntion and also with the expressed provisions of section 10, article 9. They hold that section 10 clearly authorizes the issue of bonds for the purpose of obtaining money with which to pay bonds previously issued. “If therefore, Section 10 authoriz ing the issue of bonds for the pur pose of raising money for the re demption of the bonds previously issued by competent authority, it follows necessarily that the Con stitution authorizes the employment of all means necessary for the accom plishment of that object. And os it would be practically impossible to obtain the money necessary to redeem the bonds prerionsly issued at their maturity, if the new bonds could net be issued until the old bonds matur ed, the result would be to make the State a defaulter, which certainly could not have been intended by the framers of the Constitution.” They hold also that the alleged in crease in the debt is nominal rather than real, for when the money is re ceived from the sale of the new bonds it is not only placed in the State Treasury, but actually appropriated to the payment of any outstanding Brown Consols, aud its application to any other pur] «se whatsoever is ex pressly forbidden by the terms of the act in question, all outstanding Brown Consols are, in effect, paid and no '~nger constitutes any part the State The Conrt held that thiae were no pointa decided in the com, quoted u precedent of Whaley vs. Gaillnrd, ON THEJBLL HAPPENINGS AT THIS WEEK. FACTRRT consequently bad not been decided by the Court. “Finally it te urged that th* pro* riikm of the aot of December 91, 1808) authorizing the issue of new bonds bearing interest at the rate of 4i pet cent per annum from the day of their issue would have, and has hai the effect (under the contract made for the sa’e of the new bonds which received tbe sanction of this court in the case of Evans vs, Tillman supra) of increasing the public debt to the extent of the in terest on the new bonds from the first of January, 1893, to the first of July, 1893, during which period the inter est on ihe Brown Consols is also running, and that far this reason the act in question is unconstitutional because not passed by the constitu tional majority, aud because it was not submitted to the vote of the people. It will be observed, how ever, that section 7 of article 9 of the Constitution only relates to debts contracted for the purpose of de fraying extraordinary expenditures, •aying ad it di on the sick wife, of relatives gone to friends ana it does not seem to us that the current interest on tho public debt can properly fall into that class of expenditures. On the contrary, it is one of tbe ordinary expenditures of the government, annually recurring which must be provided for by taxa tion annually. See bond debt cases 18 S. C. at page 288. It is clear, therefore, that section 7 has no appli cation. It will also be observed that article 16 of the Constitution which was manifestly adopted for the pur pose of throwing additional safe guard around this matter of con tracting a debt of the State, express ly excepts from its operation, debts contracted for the ordinary expenses of the State and as we have seen the current interest on the current debt properly belongs to that class of expenditures. * * * * * Besides, if as we seen, section 10, of article 9 of the Constitution con fers the power to issue bonds or the redemption of the bonds previously issued, either by exchange or sale, and if as we have also seeu the grant of such power carries with it the power to do what is necessary to ac complish the purpose intended, it seems to us that the General Assembly must necessarily be invested with power to make such provisions in regard to the current interest as may be found necessary to accomplish the purpose intended. Any other view would in certain contingencies render section 10 absolutely nugatory. For if it should so happen either from adverse circumstauces or from a general rise in the rate of interest that the State should find itself unable to provide for tho redemption of a debt, except by increasing the rate of interest on the bonds to be issued for that purpose, then it would become impossible to accomplish the obieot intended by that section—tho redemption of the debt previously incurred either by exchange or sale, if the amount by which the rate of interest is increased should be re garded as a new debt, in tho sense of those terms os used in the restrictive provisions of tho Constitution. We are of opinion therefore that in no view of the case can the objection urged against tho “act to provide for the redemption of that part of the State debt known as the Brown Consol Bonds and stocks by issue of other bonds and stocks” approx ’ 22 December 1892, be sustaine-', and there is, therefore, no ground lor the iujunctioh prayed for. Tho court wai unauimoui to this Ferroul Paragraphs Itertaiaiog to YMtlag Peepte—improveoMMs aad Other News. Mr. H. L. Blount is list Hon. Joha Brown and Mullins, S. C., are visiting over here. Mrs. A. L. Stutto has Rockingham, N. C. to visit and relatives. Rev. J. A. White will conduct religions services at the hall next Saturday night pool room in tSTlSf^feg r5S«y vacated by H. A. James. J Mr. F. S. Terry spent, last Satur day in Charleston with his brother, Conductor Charles Terry, of the Coast Line. A crowd of our boys have gone to the river on a fishing frolic. We hope they will have better luck than the crowd that went snipe hunting. Last week while “Florida on Wheels” was on exhibition at the C. & D. depot, the manager brought the car down to the mill at twelve o clock in order to give the operatives an opportunity to see the great “show” from the “Land of Flowers.” The cor was crowded as long as it stayed here, sad everybody was highly pleased. Mr. and Mr* A. F. Northcutt or* rived on the C. 8. A N. Railroad last Thursday evening from Charlotte. He Oft, with the remain! of their little •on Raymond. They were met at the depot by a number of fnenda and relative* They proceeded to the Grove Hill Cemetery, when tin remains were interred. Little Ray* mond had only been sick a few days. His death was a yery sad one, os he was the only child of his parents. The bereaved parents have the aym* pathy of the entire community. Baity Legislation. (Columbia Journal.) If, in order to cure defectl in ths dispensary law, it should become necessary to call an extra session of the legislature, it will be another striking illustration of the fact, so often commented upon, that hasty legislation is unwise legislation. How strange it is that people, as a general rule, do not look upon the work of legislation just as they would look upon auy other class of work, and understand that both time and care are necessary for the perfection of all tbe iunumeruble details incident to legislative as well as to any other business. Tbe farmer, the merchant^ tbe professional man, all of them realize the fact in their several voca tions that the omission of some little matter, apparently trifling, and yet often spoils a job and requires it to be done over again. In the all im portant matter of law making there is always need for the greatest care. Whether a law be good or bad is a subject for discussion on the merits of the question—and that subject we are not now considering. What we desire our people to reflect upon is this, that when they elect men as their legislators, those men cannot perform their duties hurriedly and perform them well; aud that whilst sluggishness is not commendable, neither is break-neck haste to 1 e ad mired. Those who are familiar with the details of legislation, who under stand that every apparently trifling parliamentary formality has its mean ing and is a necessary link in the law-making chain, and that in the engrossing department the closest and most rigid scrutiny is necessary lest a misspelt word, a wrong figure or a misplaced punctuation point should vitiate the work, have been long im pressed with the fact that lengthier legislative sessions would be money in the pockets of our people. It is simply a physical impossibility to legislate for all of the varied aud complex interests of a State within the brief period of thiity days. To confine legislation within such limits of time simply encourages crude legislation repuiring, costly revision, s’niply encumbers our courts of justice with the consideration of questions growing out of defects in legislative work, aud, what is equally aa important, prevents the calm, careful and impartial consideration of the many grave aud vital ques tions affecting the welfare and happi ness of all the people, which it is the high province of a legislative body to consider aud pass upou. opiuioa, Buy the lawn tennis shoe at Black- well Bros. Printed envelopes from $2 to $3 per thousand at The Herald job office. Tho light-running, noiseless rotary shuttle found only in the No 9 and Standard, at Blackwell Bros. Mr. W. D. Wood*, of The Herald, attended tho Carnival. Trade your old machine for the No. 9, Standard or New Hone, witfc Rlaekweli Bvh,