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in the hands of innocent holders without no- j tice. Counsel argued further, in regard to the construction to be placed- on the lan-1 guage of the 11th section of the Act chartering the Company. J. F. Hart, Esq., representing the Railroad Company, followed Major Hamilton. The first question to determine, he argued, is the power of the County Commissioners to make the subscription. We claim that the power was fully conferred to make the subscription as they did. The Act resolves itself into one of inquiry into the legislative intent. As to the eleventh section of the Act, if the Legislature had intended the exercise of the pow- i er conferred by that section in any other manner, it would have so expressed it; otherwise, the Act would be a nullity. Article four of j the Coustitution, Section nineteen, provides j that the qualified electors shall elect a board ? - V 'L- .L I of County Commissioners, ana prescnoes meir duties. It may be a serious question whether or not the Constitution did not confer jurisdiction directly upon the commissioners to subscribe. But whether it did or not, the legislative charter certainly did authorize the ! county to subscribe; and if we couple one j with the other, it gives the power to subscribe, if jurisdiction gives power. That jurisdiction extends over roads, highways, bridges and ferries, and a railroad is a highway. Unless the Legislature is restricted by the Constitution, it could confer upon the County Commissioners the right to make the subscription. It depends upon the construction given that section of the Constitution. We might infer from that that the County CoramioolnnuM DTirnioa ilirlimnl flOWPTS. Ill this Ul lOOIUUVI O VAV/a V10V J va \? t v<m gr v ? ? case, the Legislature granted that power, and they had the power to do so. It is not to be presumed that the Legislature intended any .. Act to be without a meaning. There is no machinery in the charter providing for an election. The County Commissioners could not legally have ordered an election. There was no legislative authority for an eieciion. The Act was a nullity, unless the County Commissioners had acted. Cited Vattel to maintain position. Counsel then argued that the words of a legislative Act declare its right meaning, and that the meaning of this Act, given by the County Commissioners, is the proper coustructiou to place on it. Were the Couuty Commissioners the "proper authorities ?" This has already been decided in the case of State against Lartigue. A better decision, however, cau be given. The Legislature itself can give interpretation to its own acts. The Act authorizing the retiring of the "bonds of York and Chester counties"?so the Act of the Legislature denominates them?is of itself an exposition of the original legislative intent. Couusel next cited authorities in regard to ambiguous words and expressions in legislative enactments. We claim there can be no question about the construction of this Act. Subsequent Acts of the Legislature, in the years 1875, 1877 and 1878, have recognized these boudsas legal bonds of York county. If the eleventh section of the Act chartering the Company gave the Couuty Commissioners power to subscribe, it carried with it the power to issue bonds and to pay interest on the bonds. We claim that the right to issue bonds carries with it the right to attach coupons. This Act, however, is uo longer open to construction. Its iutent has been decided by judicial tribunals, aud the Legislature has made valid, by subsequent legislation, what may have been incomplete iu the orig ? I A..* Tko oiiKiuniiiint Apfa mnv wpll hfl I JUai H.V/U jL lie ouuovvjuwuu ?v? termed validating Acts. Counsel cited decision in Belo against Foray the county, and Beloit against Morgan. In the latter case, (7 Wal., 623,) the Legislature had passed an Act consolidating two towns, providing that the new town should be liable for the bonded debts of either old corporation. One of the towns had issued bonds, held to have been issued without authority. The court decided that the Act of the Legislature consolidating the two towos, was a validating Act. Counsel then cited numerous authorities, maintaining the position that subsequent Acts of the Legislature give force to the Act granting the charter, and proceeded: There has been a judgment in this case, binding on every tax-payer in York county, and quoted a similar case in the courts of Iowa, in which judgment had been obtained against citizens, though not parties to the suit. The decision in the case of Glenn against County Commissioners, whether decided right or wrong, has passed beyond the pale of discussiou, and iu that case the decision of the Court is as valid as Acts of the Legislature. The State can pass no law impairing a contract. On the faith of that decision contracts have been made?and subsequently they have received the highest sanction, which caunot be vitiated by future acts of the courts. As to the railroad which I represent, the bonds have passed from its hands, being deposited as collaterals, for its debts, and no court can decide against them without impairing rights acquired by citizens. Coutracts existing at the time cannot be revoked by Acts of the Legislature or decisions of the courts. The Supreme Court of the United States has held that while bound to follow the decisions of the State Courts, yet in a case like this, where there may be two decisious, the first recognizing a right, and the subsequent one repudiating it, the first decision must be regarded as the valid one. Otherwise, where rights have beeu acquired uuder one decision and divested by the other, the Federal aud State Constitutions would both be violated in the impairment of the contract. Further : the acts of 1875, 1877 and 1878 in relatiou to these bonds, furnish not only an exposition of the legislative intent, but being in pari materia, must be construed as if enacted as a part of the original act under which the bonds were issued. Acts of such a nature are to be construed as one Act. They were passed by the same Legislature and relate to the same subject. Suppose you tack together the various legislative enactments upon thissubject, as if passed together, would any court, for a moment, hesitate to say that they conferred the right upon the County Commissioners to subscribe? Col. Simonton, representing guarantors, said : To such au extent, and so ably has this case beeu discussed, I will be as brief as possible. First, may it please your Honor, under the form of proceeding as adopted in this case, it will be impossible for you to grant the injunction asked, as to private parties or a rail- I road corporation. The relators should have brought this action in their own name. Instead, they come covered by the name of the ! State?these parties as relators. The State has no right to thus become a party to a suit, unless it be showu that some public right is threatened. Until that be shown you cannot stay by injunction. In the developments of this case, it is not! shown that there has been collusion between the County Commissioners and those holding bonds of the county. All that is stated is that; certain parties are holders of these bonds, the only allegation being that the holders of the bonds threaten suit. I ask, what wroug are these bond-holders perpetrating? How are they offending York county by holding the bonds which they have acquired ? I propose to discuss the question as to its nkarodtar A a to the rights of the j/UUIIU Viminvvvi* . __ bond-holders, they cannot be enjoined. This , brings us to the point. The bonds are valid. The County Com-1 raissioners are fully empowered to levy a tax. j Our 6rst proposition is the right of the; Legislature to pass the Act of incorporation. There is inherent right in the Legislature to ! delegate to municipal corporations power to ' subscribe. This has been decided, not in the United States Supreme Court alone, hut in our owd State, by Judge O'Neal in the case of Copes agt inst the City of Charleston, 10th Richardson, 491. This decision not only admits the power there recognized, but the power after it was done. Second. As to the County Commissioners being the proper persons to delegate with such power. Who are they ? The highest power . in the county; given to them, not by legislative grant, but by the constitution itself. In the Revised Statutes, 732, it is provided for placing all rights of the county in the hands of the County Commissioners. Here we have persons elected by the people of the county to manage the affairs of the county. Third. Was it competent in the Legislature to authorize the County Commissioners to make this subscription ? I believe all who think the bonds are invalid, think so because the County Commissioners did not get their power to make the subscription from the people. The County Commissioners get a great portion of their power from the Legislature. The Legislature gives them authority for many of their official acts. Suppose the courthouse should be destroyed ? The practice is to go to the Legislature, and they authorize the County Commissioners to levy a tax to rebuild it. Also, to pay past indebtedness. The County Commissioners have to do with ? ? ? .L!?*U/. nuKtiA rvAn^ Thd T.onria. every uuug hji tuc j;uuuo gywu, **?w lature gives them power?which is enforced? so absolute and complete, that you will find in Revised Statutes, 155, requirements as to the duties of County Commissioners. If this be so, and the Legislature exercises this power, and the Legislature determines building a 1 railroad through the county, the Legislature has power to authorize the County Commissioners to subscribe on behalf of the county to pay for the road. The error in supposing the people of a county must be consulted by the County Commissioners in matters of this kind, will be found corrected in books on municipal indebtedness. The Legislature can determine about conditions. Counsel cited cases in support of this doctrine. By result of an election had, is the way by which to ascertain the will of the people. You decide a question by a vote of a majority of the people. If the Legislature have a right to break through that rule, you must then admit that they can dispense with it altogether. It was right for the County Commisioners to make the subscription without consulting the people at the ballot-box. Cited 4th Otto. One question of the case?has the Legislature authorized the subscription to be made? What was the purpose of the Legislature in passing the Act chartering the Company ? It was evidently to aid a railroad?to aid by subscription. When we come to examine the Act, we are not to examine by microscopic eye9, but deal with it with a plain, common sense view, as to carrying out the purpose for which it was intended?to expound it broadly and liberally. What does the Act say? After reading section 11, counsel coutiuued : What is the meaning of these words? They mean that it shall be as the people or proper authorities may. determine. Either the people are to vote, or the proper authorities. I submit that it does not require a stretch of the imagination to come to this conclusion. The Act requires the subscription to be made as the proper authorities may determine, and they have done it. I do not call subsequent Acts validating acts, as my learned colleague has done; but rather acts expressive of the intent of the Legislature?our own Legislature of 1877-78, recognizing the Act of a Radical Legislature of 1873. Again, the Legislature gives expression to the intent of the Act by passing an Act suspending the collection of a tax for retiring bonds, but will do nothing to invalidate the bonds. I submit that a true construction of all subsequent legislative enactments is the giving of a full construction to the intent, of the original Act. We are not defending a fraudulent action. There is not the smallest suspicion that a dollar of this subscription has been wasted. York county is now enjoying the very benefits of this road. Is the honorable Court called upon to interpose to protect from a fraud ? We come, having given value received for all we have. I submit that the decisions of the Courts is res judicata with us. It was law the dav it was Dronounced. There is nothing in the recent decision of the Supreme Court to reverse that decision. Our opponents put on record a matter well calculated to disgrace the Courts of South Carolina. I know not where they obtain their secrets. But the charge in the eleventh paragraph of the complaint is a cowardly charge, made by a person who has uo right to make it. The bribery of J. J Wright could never have subverted a majority of the Supreme Court. But whatever the decision of the Supreme Court, or the manner in which it was obtained, your Honor has no right to consider those questions in the present case. The decision of the Circuit Court decided the bonds valid, and that decision has never been reversed. So long as it remains in that condition, it cannot be reversed. I submit, so far as York county is concerned, these bonds are valid. My learned friend on the other side bases one of his objections to the Act of 1873, because the title does not embrace everything in the Act. This is not a necessary requirement, and is a matter which it were useless to argue, the question involved having been decided by the courts. In conclusion, may it please your Honor, I think my friend, by his argument, has shown himself out of court. If these bonds are void, it would be impossible to collect them. I submit that you cannot grant the injunction. The bonds were issued for a lawful purpose, by County Commissioners fully empowered. Mr. Spencer, representing the bond-holders, made the next argument. He said: We represent the innocent bond-holders?those who paid their money for these bonds?and as we rely upon arguments of those who have preceded us, we will consume but little time. So far as the relators can claim, these bouds are either void or voidable. If void, the relators do not need the injunction. Paragraph six of the complaint recites "That the said pretended bonds contain upon their face a provision that the coupons attached thereto, 'as they mature, shall be received for county taxes;' that the said County Commissioners were without power or authority to bind the State and county to receive coupons in payment of county taxes, and that said provision is calculated to deceive and defraud innocent persons who might be induced to receive the same upon the faith thereof, and greatly to injure the relators aud other tax-payers of said couuty." If the bonds are void, it makes no difference to whom we transfer them. Where, we ask, is the injury to rela- ; tors, if they are void? If they are voidable, I that does not apply to us, for the reason that no cause has been shown. In paragraph four of the complaint, the j relators charge collusion between the Kailroad Company aud the County Commission- j ere, and the affidavit to sustain that charge | is sitnply that the bond-holders were residents i of York county, and must, therefore, have been cognizant of this collusiou ; aud they go on to make ah argument, drawing an infer-! ence. They can only connect us with this matter that we knew of hostility to the bonds?because we were citizens of York county. If their charge is sufficiently sustained by affidavit, we have rebutted it by affidavit. Our affidavit is a sufficient return. Again, wesubmit that it is now too late to ask for a preliminary injunction. Too much has transpired since these bonds were issued. They have allowed four or five years to elapse siuce the decision of the Supreme Court declaring their validity. Mr. LeConte, counsel for relators, closed the argument. After devoting some time to argument, maintaining that the suit was brought in proper form?that the plaintiff was properly represented in the State of South Carolina, and after discussing the general rules of guidance in cases of application for injunction, he said : If our right to ask for relief is based only on the right of the County Commissioners to issue bonds, your Honor will not decide for them a question that the Supreme Court had resolved to decide one way, hut a majority of the Court not having decided?a question in the dissenting opinion of Judge Willard?the Glenn case?which has | received careful consideration of at least one j d j member of the Supreme Court, and which, if fr I your Honor reads, will carry conviction to j your mind. If you conclude the facts of the d j case are as there stated, your Honor will " j grant the injunction temporarily. v j What does this question involve? Three a ! men, to take care of the roads and bridges of ? ! the county?not internal improvements; hav- j ing authority to repair a court-house?not to r< build one; a body elected without the sup- sj port of a single tax-payer of York ; that those ej three men should be made the custodians of the tt people of York, and have the power of deter- ai mining for the people of York whether or not i they would levy a tax; that power which a tl Legislature would hardly attempt to take upon themselves?to make a subscription to j a railroad. If they are allowed by tbis Act to ! it subscribe $100,000, why not a million? If your Honor were presented with a stat- 0) ute declariug that Roberts,-Allison and Ed- s< wards might subscribe for a railroad in behalf of York county, you would stand back w with horror. Before admitting that it would g ! have force, you would wish to ascertain ^ whether or not the Legislature had the au- C( | thority to give such a monstrous power to tl j three men. C The State does not declare that the Coun- ]{ j ty Commissioners shall have the authority, p except by a fine construction of words. The J County Commissioners seek to claim that they rj have the power by classing themselves as a the proper authorities, and ignoring the peo- j1 pie. Should that be the question to decide, ,r you will not decide in their favor. gi Counsel then referred to the admirable tl argument of Col. Rion, printed in the Glenn case, showing that this case is similar to that, ai The questions are as to the parties and mat- b< ters involved in that case. Have these defen- ^ dants, other than the Railroad Company, de- | tl rived any equitable rights other than we ask T of the Court? We say if these bonds had ^ been originally put out without authority of p, law?if the County Commissioners had no tt right to subscribe, and if the case of Glenn is ^ no protection to defendants, so far as the de- a, fendants to this suit are concerned, they have th no remedy. They are simply holders of void 0 securities, and are bound to deliver them up to ps be destroyed, and cease to negotiate them. It pj has been argued that if they are void, it makes P( no difference ; but it does. It is a cloud up- is on the people of the county and their proper- w ty. The Court of Equity is interested in pre- er venting those void securities from being pass- fj(' ed upon innocent people. If We are uot bound by the Glenn case in jj? any sense. We were not parties to that suit. It is claimed that because the County Commis- Ir sioners were parties to that suit, all the peo- ' pie of York county are bound. I face the e? proposition that we are bound by that decis* ion. An action is brought against three of- ?nficials, who had usurped authority to which J?,1 they had no right, and the proposition is made that these three men, in violation of their duties, were representatives of the coun- ar ty of York. In the original case, the county P' was not a party. I admit the corporation of gi York includes the people of the county, but ai not that three officers, who are sued for a vio- h< lation of their duty, can estop the rights of ?[ the people. There must be identity of inter- ir est. How could these three men represent "i the people? It would be more plausible to represent the relators as representatives of fu the county. C? This is an action on the part of the State of South Carolina, as the being from whom G these public officials have derived their au- ec r. .1 1- ??l, W thorny, jli is me peopie coming iu lu uon. rp protection of the Court from a breach of b< trust of officials?a case without a precedent?one that has been moulded by the ue- jn' cessities of later days. Counsel then cited cases in support of the proceeding of institu- r ting the State as plaintiff, and continued : We ^ say, then, your Honor will be forced to the si conclusion that we are not bound by the ,ri Glenn case. In the more recent case of Har- ^ ris against Robertson, if it does no more, it d< settles the fact that the Glenn case is not a ju precedent. Pj The next question is, assuming for the sake of argument, that the judgment in the Glenn b< case was procured fraudulently. I do not 111 know the necessity of a reply to what was said ai on the other side. It was painful to him and hi to us; but in a matter involving the conse- {*, quences of this issue, it would be a false deli- p; cacy in us to have the consideration for sen- bj timentalisoQ counsel on the other side has Jjj suggested. The charge comes from the de- rj velopments made by the commission to ex- ar amine evidences of the indebtedness of York. ra Upon the disclosures made by that investiga- tj, tion, it became the duty of York county to fu have that matter brought to the attention of J-SJ your Honor. Had it been shown that this fraud had been perpetrated, and the court of er chancery afforded no redress, then it would in have been the duty of York county, and South Carolina, when appealed to, to insist, si and be deterred by no false sentiments in pre- hi venting this burdeu from being imposed on in the county. It is an aspect of the case I tb should like to avoid, and shall only refer to rf it by calling attention to some authorities. The iudement in the Glenn case was tainted w J a , by fraud. The theory is that as the decree of to the Circuit Judge was not reversed, it should stand. I submit the whole record as a taint- w ed thing. Fraud devoids all judicial acts, hs and eutering into the record of a court, no ^ court of justice regards that decision. m It is said, no matter what the vice9 of these ei bonds originally, the subsequent legislation validates them. In matters of common coo- ir tract, two things^ are required?first, that the principal kuew of the act of the agent; and secondly, that he approved it. Here is an usurpation of power, by which a debt of one hundred thousand dollars is saddled upou the people of York. There i9 nothing to ^ 9how that the Legislature approved the sub- jr scription. In 1873 the Act of incorporation ds wa9 passed. In 1875 the retiring Act. Is . there anything showing that the Legislature knew of the provisions of the previous Act ? The Legislature took it for granted the bonds had been issued in regular form. That ques- . tion was brought as a strong point in the Harris case ; but the Court says the questions ^ involved in the Glenn case are still open to ~ be settled. J I confess I feel somewhat skeptical as to a = decision yet to be published, as affecting the grounds of these bonds. It is said the people are estopped from disputing these bonds n by their acquiescence. From beginning to the y present time, they have used every power ? within their mean9 to rid themselves of the burden, and to show to the world that they would not yield to this imposition. They ~ did pay taxes. But because the tax collector wrung from the citizen his quota, does that prove that the people acquiesced ? It is; _ a libel upon the people of York to say that j they have or will acquiesce until the case is " * * 1 1 1 3 dually settled as a law 01 me iauu. For the common good, it is due to the de- j fendants as well as the plaintiffs, to stretch ! forth the hand of the Court and settle this tli matter. If the State had a right to make a V wrong, it follows that it has a right to redress ! st it. ,K Immediately on conclusion of argument,! and quite contrary to general expectation, his Honor proceeded at ouce to deliver his decis- ^ ion, which he did in the following words : p( This case is one of deep interest to the citizens u, of York county, as well as other individuals, and involves grave consequences. I have listened _ with interest to the ahle argument of the eminent counsel on both sides; and while I dislike to exhibit the appearance of acting, on questions of this character, in undue haste, yet in the progress 01 of this case, impressions have been made on my ai mind which will not be changed, and for no reus- r( on that I can perceive do I deem it necessary to withhold my decision. While I could take the s< papers and delay writing my opinion, which, ai should it bedelayed at all, might be delayed until t( late in the summer, on account of other engage- p moots and duties, I will, at the risk of unfavorabio comment, proceed to announce my conclusions now, without the formality of reducing any ^ elaborate grounds therefor, to writing. When this application for a rule in temporary (' injunction was first made to me, last Friday, it V was with some hesitation that I granted it, from 7i the fact that I entertained grave doubts of the 81 plaintiff's right to the relief, and was disposed to ecline. But after deliberation, I decided to rant the order, so that all the facts and points lvolved in the case might be brought out. J My mind being made up, I see no necessity for elaying my opinion, nor occasion requiring that should be reduced to writing. In rendering my pinion, I shall not give full expression to my iews. I doubt the propriety of my doing so on motion of this kind. I do not think the merits f a case involving questions that have been arued here to-day, should be prejudiced by a udge who will not have the final decision to jnder. When I first heard that the County Commisoners of York county had assumed the responbility of making a subscription on the part of le county, of one hundred thousand dollars in id of a railroad, I am free to confess that I was reatly surprised. The law hearing on the case had never examined, and it seemed to me, at 1 le time, a monstrous proceeding. When the f pinion of the Circuit Judge was rendered, sus- < lining the action of the County Commissioners, availed myself of the first opportunity to rean , , and was surprised to find the opinion so well jstained by authority. I subsequently saw the ecision of the Supreme Court, sustaining that i pinion, and thought the matter had been finally | jttled. Hence I was surprised at these proceed- i igs, and, as I before stated, it was with some esitation that I granted the rule to shew cause rhy a temporary injunction should not be ranted. I I am called unon to grant a temporary injuncon, by less than twenty tax-payers of York f lunty, against a large number of bond-holders, f le County Comissioners of York, and against the \ onnty of York. The relief asked, is that the olders of these bonds shall not be paid, thealigation being made that in the opinion of the IaintifF to this suit the bonds are illegal and oid, and that the decision of the Supreme Court eclaring that the County Commissioners had the ght to issue them, was fraudulently obtained, nd now it is for me to decide whether or not the ljunction shall be continued until the final hear>g. The complaint recites that these bonds are ille- ' a.1, null and void, ancl prays that the holders of lem shall stay their hands and be restrained 1 om enforcing" collection; this petition being ? lade a long time subsequent to legal decisions J id legislation recognizing the validitj' of the ands. Fraud is not chargedjn connection with le issuing of the bonds, in diverting them from " le object for which they were issued. With lese bonds the railroad has partly been built, ho county is enjoying the benefits of the road, he bonds have been thrown on the market and { ianv of them have fallen in the hands of third ^ arsons for valuable consideration. It is claimed ? tat these holders of the bonds had notice that f ieir validity had been contested. But the mode r id manner in which they were issued has been aclared by the Courts to be legal. At all events, , le Supreme Court refused to prevent their issue, n the faith of these decisions, some have invest- , I their money, and others have guaranteed the , tyinent of indebtedness of the Railroad Com- [ iny, thereby acquiring a right in the bonds de- ' isited as collaterals. J? Ifthe bonds are null and void, as alleged, there no ground for an injunction. No matter into hoseliands they may fall, if void, they cannot be iforced, and no injury could accrue to the taxivers. By no subsequent transfer, would the _ ilders be protected, iftliebondsarenull and void. 1 the County Commissioners had no authority to sue bonds, what title would a purchaser obtain ? f he citizen or tax-payer could not be injured by e very reason of their invalidity. In High, on r ijunctions, page 215, it is laid down as law: I "The issuing of bonds and the levying and collecting of a tax a aid of subscriptions to a railroad by a county court, will not be t joined on the ground of want of jurisdiction in-the court to 0 te such proceedings without a vote of the people, since a sale , the tax-payer's property undc such proceedings would not r rest the owner of his title, and he can maintain an action at " ,v for the property and for damages for its detention. An en- s e tax or assessment should not be enjoined on the ground that f > much has been assessed."?State vs. Parkvillc, etc., 32 Mo., * 6, approving Sayre vs. Tompkins, 23 Mo., 443. ^ If this be law, it settles the case. If the bonds j e illegal they can work no injury to the tax- j iver. , The case of Glenn against the County Commis- r oners wis an action between the tax-payers ^ id the officers of the county. That case was sard on its merits. It was ably argued. Learn1 and eminent counsel were engaged on either de. It was heard and decided upon its merits. i that case it was decided by the highest tribu- il in the State that the power to issue bonds ' as conferred upon the County Commissioners, id the injunction then prayed for refused. After ill argument, the judgment of the Supreme t>urt went on the merits of the case. Of this lere can be no doubt. That the questions inolved were deliberated upon by the 8upreme Durt cannot be questioned, as the able and learn1 dissenting opinion of Chief Justice Willard, hich was on the merits of the case, fully proves, he judgment of the Supreme Court was rendered }fore the bonds were issued. After that decision, ie bonds having been issued on the faith of the jcision, citizens began dealing in them, investig their monejr and acquiring rights. As to the recent decision in the case of Harris, ' >latnr ncmlnnt the Oountv Treasurer, it is claim 1 that the previous decision of the Supreme ourt is binding only as to the parties to that 4 lit?Glenn and others and the then County Comlissioners. We have a right to interpret the lan- 8 aage of the Court. Who are the plaintiffs to that 8 lit? The "tax-payers who complain,''etc. The 1 sfendants are the County Commissioners. The idgment of the Court is binding between the irties. Does the Court say that the right is re- . srved to another tax-payer to bring another suit J jainst the County Commissioners?the same , idy?though they may not be the same individils, and renew the same controversy ? The questions then involved and adjudicated, e here involved, and if t.his view be correct, we ^ we no right to open the questions again. In a , ke suit, touching the exercise of a like authority ? y another Board of County Commissioners, we j resume the Supreme Court would not feel bound t v the case of Glenn and others, vs. County Comlissioners, and this we take to be the meaning of lat Court in Harris vs. Robertson. There are vaous points involved in this matter. It would be s l irreparable injury to defendants if this tempo- * iry injunction be granted, provided the bonds are , did ; while, on the other liand, if they are void, ie tax-payer cannot be injured by the Court reising the motion. Before the suit could be finalr determined, many of the bondholders may a ive suffered pecuniary loss. While a restraining * der would necessarily work injury to the hold's of bonds, the refusing of it would - not work jury to the tax-payer. Besides, relief has aliady been afforded tlie tax-payers. It is a mat- ^ r of record that the Legislature, by special act, ispending the collection of a tax for one year, is given relief to that extent. I refuse the order for reasons which accord, my judgement, with the law and the equities of 8 e ease. I dislike to exhibit the appearance of ndering a hasty decision, but if I were to inter ? ? " ? lnm i f tirAlllil WA??lr Q WW UltJ MLrOIJH ill HI UI tUO law, iu nwum TI WI ? ... eat injury to the holders of these bonds, many of 1 hom, perhaps, are depending upon the proceeds bo derived from them to meet pressing pecuary obligations. The Court would say further, at in addition to the inju ry the order would j ork to bondholders?third parties into whose inds the bonds have fallen ?that it would also ) a blow to a corporation, a railroad already ruggling, and, which, by such interposition j ight be forced to succumb. The order Is refus1. Whereupon, his Honor issued the followig order: J The State of South Carolina, ? County of York. , he State ex-rclatione F. H. Brown et al. vs. ^ The Chester and Lenoir Narrow Gauge Fta.il- c road et al. On this, 12th day of April, 1878, on which day is defendants were ordered to show cause why a itnporary injunction should not issue, as prayed i the complaint; hearing the complaint and affiivits and argument of counsel thereon? It is ordered and adjudged that the motion for i junction be dismissed with costs. J. H. HUDSON, Circuit Judge. At Chambers, Yorkville, S. C., April 12,1878. There is but one verdict, and that is that i thirty-three years Dr. Bull's Cough Syrup as never failed to cure a Cough, Cold or i reneral Hoarseness. At Drug stores. Price ^ 5 cents: 6ve bottles,$1. HYMENEAL. Married?At the residence of the bride's . lother, on the 16th instant, by Rev. R. Lathan, 1 [r. J. BARNETT MILLER and Miss J. A. OUNGBLOOD. Both of this county. ?f OBITUARY. J Died?At Victoria, Texas, after a short illness, ? i the Uth instant, Mr. J. RICHARD LYNN, irmerly of this county, aged about 30 years. Sptrial |Ufitt5. ( __ k A Million of Worms Gnawing j * Day and night is quite enough, we think, to f irow a child into spasms. Shriner's Indian : i ennifuge will destroy and expel them and re- ! 1 ore the child. For sale by JOHN C. KUY- 1 EN DAL. Charleston, S. C. Our (Jeorgia Customers enquire for Fout/.'s 1 elebrated Horse and Cattle Powders and recoin- j -I lend them in the highest terms, as being far su- j e erior to anything of the kind they have ever j scd.?Harkki, A Pelzer, Wholesale Druggists, j For sale by JOHN C. KUYKENDAL. I "] A Remarkable Result. It makes no difference how many Physicians, : " r how much medicine you have tried, it is now ii established fact that German Syrup is the only jmedy which has given complete satisfaction in , were cases of Lung disease. It is true there re yet thousands of persons who are predisposed . > Throat and Lung Affections, Consumption, 1 leniorrhages, Asthma, Severe Colds settled on le Breast, Pneumonia, Whooping Cough, Ac., j ho have no personal knowledge of Boschee's erman Syrup. To such we would say that 50,000 " o/.en were sold last year without one complaint, onsumptives, try just one bottle. Regular size . "> cents. Sold by'all Druggists in America. For \ lie in Yorkville by JOHN C. KUYKENDAL. t March 14 42 eawly I Next Town ihead where they loan you a dollar and chalk it iown till to-morrow, for a bottle of Merrill's Repatine for the Liver. The enormous expense >f importing the ingredients of this groat liver nedicine into this country, is why our Druggist, Dr. JOHN C. KUYKENDAL, sells but one lample bottle to the same person for ten cents; jut as there are fifty doses in the large size bottles, t is cheap enough after all at two cents per dose or a medicine that has never been known to fail n the cure of dynpepsia and all diseases of the iver. It has never failed in the cure of liver ;omplaint when taken as directed, no matter of low long standing the disease. It cures Chills ind Fever, Constipation of the Bowels, Dyspepiia and Liver Complaint. Sample Bottles ten lents; regular size, nicy anses, ju.w February 21 38 eawly "MULE WANTED. SUITABLE for working to a mud mill in a brick yard. No objection to a blind one. Apply at Enquirkr Office. April 18 16 tf EXECUTORS' NOTICE. rHE Creditors of the Estate of W. I. CLAWSON, deceased, are hereby notified to rn-elent their claims, properly attestedj to the undersigned, without delay. Those indebted will alease pay up promptly. T. W. CLAWSON, \ _ C. E. SPENCER, j ** rs< April 18 16 3t STOCKHOLDERS' MEETING. The regular annual meeting of the Stockholders of the Chester and Lenoir Harrow Gauge Railroad Company, will be held it YORKVILLE, 8. 0., on THURSDAY, 16TH DAY OF MAY, 1878. A. H. DAVEGA, President April 18 16 5t LOOK OUT FOR BARGAINS IN BETHEL! OLD DULIN has a fine stock of GOODS of different articles too tedious to mention, and lon't intend to be undersold for either cash or food credit. Am sorry and glad both. Have >een in business seventeen years, and havo neary as many dead customers as living ones, and ,m glad the dead ones are at rest. I don't infn nnf rlrtwii fhft nrinA on nnfl ftrHnlfl ftnd OUU VKJ pu V UUHH VMV p? ?'? " ? ? ? nake up the loss on another. Trade is good. Vhen nobody else trades, me and my wife trade, tfy high-heel stockings and ripping needles laven't come yet. Come on, all who want barpins ! I also have for sale i doz. good milchows, and ? doz. good Plantations. JOHN DULIN. April 18 16 2t IN BANKRUPTCY. n the District Court of the United States for the District of South Carolina. rHIS is to give notice that on the 15th day of April, A. D., 1878, a Warrant in Banknptcy was issued out of the District Court of the Jnited States for the District of South Carolina, gainst the estate of WILLIAM D. AIKEN, of he county of Fairfield, and State of South Carolina, who hath been adjudged a Bankrupt upon 1 lis own petition ; that the payment of any debts, ,nd the delivery of any property belonging to aid Bankrupt, to him or for his use, and the transfer of any property by him, are forbidden by law ; hat a meeting of the creditors of the said'Bankupt, to prove their debts, and choose one or more Vssignees of his estate, will be held at a Court of Bankruptcy, to be holden at Yorkvillo, before C. 5. Spencer, Esq., one of the Registers in Bankuptcy of said Court, on the 30th day of April, L D., 1878, at 12 o'clock. M. R. M. WALLACE,U.S. Marshal. By T. W. Clawson, Deputy Messenger. April 18 16 It 1\ M. DOBSOX & CO. WHY IS IT? IlfHY is it that so many men, women and Yr children on the streets, are heard enquiring 'or DOBSON'S CHEAP*CASH STORE? limply because he is selling Goods cheaper than iny other house in York, and he can afford to do io, as he takes no risks, has no bad debts for good Kaln nor Pan nnrl in nrtflHntr ?ci? r-j 0 INDUCEMENTS FOR CASH, lint no house can on Credit. Another reason vhy so many persons are enquiring for the Cash [louse is, that they have BTJT ONE PRICE here. All persons are treated alike. The poor nan's money is just as good as the rich one's, ind will buy just as many goods. No matter how ich, how poor, or what color his skin, so he has he CASH, ALL ARE TREATED ALIKE, 10 far as prices are concerned. All we ask of the >ublic, is to call and see our goods and get our jrices, to convince them that they CAN BUY GOODS CHEAPER ind get more for their cash than they can getelsevhere in Yorkville. 5 CENTS. 5,000 yards of best Prints will be opened this veek at 5 cents per yard. 6 1-4 CENTS. 100 dozen Coates'Spool Cotton at Gi cents per ipool. 3 1-3 CENTS. 100 dozen Holyoke Thread at 3i cents a spool. Warranted 200 yards on a spool. nnu.AR. 50 pairs of Ladies' Cloth Shoes at one dollar per >air. 40 CENTS. 75 Wool Hats at 40 cents a piece, and all other cinds of goods at low cash prices. 10 PER CENT. Remember, we are offering all persons a dis:ount of 10 per cent, who owe us in any shape or orm, if they will pay us the cash between now ind the 1st of May, DOBSON is determined to nake you happy, whether you owe him or want o buy his goods, if you have the cash. Such dis:ounts and such prices cannot be had any where ilse in town. T. M. DOBSON & CO., Leaders of Low Cash Prices. MILLINERY! MILLINERY!! MISSES MASSEY & SMITH. |*TE are now RECEIVING OUR SPRING ff GOODS, and ask the public, before buyng. to give us a call and see our prices, Ac. 5ur stock WILL BE LARGER THAN HERETOFORE, ind we assure you we are now able to do First-lass Work, and 51VE YOU THE VERY LATEST STYLES. We take great pleasure in showing our Goods, ind POSTING YOU ON THE STYLES, AC. March 28 13 tf NOTICE, SUBSCRIBERS to the Yorkville Enquirer, 5 not regularly served by mail, on the postal outes between Yorkville and Black's Station ind Yorkville and Rock Hill, are hereby in ormed that I will deliver their papers along the outes named FREE OF CHARGE, provided hey enter their names on mv club. 'J. N. ROBERTS. April 18 18 It TRIAL JUSTICE' S BLANKS. RECOGNIZANCES, Warrants of Arrest, Summons in civil action, and Executions. For tale at the ENQUIRER OFFICE. January 17 3 It NOTICE. [AM still Agent for the "American" because it is the best and cheapest Sewing Machine made. _ _ J. R. SCHORB IRON ISAFE. A SECOND-HAND IRON SAFE for sale f\ Price $20. Apply at the ENQUIRER OFFICE. April 4 14 tf C HA TTELMORTGA G ES, ORTGAGES of Real Estate, and Titles to LyI Real Estate. For sale at the ENQUIRER OFFICE. November 8 45 tf WRAPPING PAPER. OLD Newspapers, of large size, suitable for wrapping, for sale at 50 cents per hundred, it the ENQUIRER OFFICE. April 4 14 2t H. F. ADICKES & SONS. IMPORTANT TO BUYERS! It being altogether INCONSISTENT with our cardinal principles TO BE UNDERSOLD, we have thrown down 5000 YARDS OF GOOD PRINTS, and are offering thera at 4 AND41-2 CENTS PER YARD for cash. We would farther remind our friends and the public generally that our SUPERIOR FACILITIES FOR BUYING Goods will enable us to offer everything that we keep AS LOW, IF NOT LOWER, than found elsewhere. Wo believe that we are showing the most attractive stock of Goods in Yorkville, AND ALL WE ASK IS THAT YOU CALL and examine for yourselves. We will not BAIT you on one article and BITE you on another. Persons residing at some distance from Yorkville, should consider that they can save money by coming here, and should not forget the LEADEfc OF LOW PRICES in Yorkville. H. F. ADICKES & SOx\S. GROCERY DEPARTMENT. RIO COFFEE. WE are offering a bargain of good Rio Coffee, just now, at 20 cents per pound?5 pounds for $1.00. H. F. ADICKES <fc SONS. HARDWARE. HOES, Heel-Screws, Plow Rods, Lap-Rings, etc., can be found at our Grocery at reduced prices. H. F. ADICKES <fe SONS. FINE COTTON SEED. HAVE for sale a very fine Cotton Seed, and should like to show it. It has from 8 to 24 locks to the boll. Will pay any man to invest 50 cents or $1.00 to try it. Will send by mail to parties desiring it. H. F. ADICKES <fe SONS. W H. & J. P. HERNDON. WANTED. QrMY LOADS Good Oak Bark?any kind of DvHJ Oak except Post Oak?for which we will pay $5.00 per cord in goods at Cash prices. W. H. & J. P. HERNDON. CALCICAKE. flfTE have recently become Agents for this ? T beautiful coloring for inside walls of rooms and passages. Come and see the samples. Any lady can put it on. You need not go to the trouble of nnttincr on white-wash, when vou can eet something that is pretty and will not rub off. You want to know what Calcicake is 1 Well, it is concentrated water paint. A very beautiful and durable article for calcimining walls and ceilings. Ready for use, and can be applied by any one. Six pounds of Calcicake and two quarts of boiling water, with one quart of cold water added, will cover 400 to 500 square feet, one coat. Come and see the samples and buy it. Make your dark dingy walls and ceilings look beautiful. W. F. & J. P. HERN DON. FANNIE LTDOBSONT THANKS! I AM greatly obliged to my kind friends for the liberal patronage they have bestowed on me since I engaged IN THE MILLINERY BUSINESS, and I hope to deal with all persous in future, so as to merit a continuance of their favors. I am now better prepared, with a nicer and larger stock of goods, BOUGHT AT LOWER FIGURES FOR CASH, than I ever had before, and can afford to sell goods cheaper this Spring than I ever did, as they are lower. All I ask is a call and an examination of MY GOODS AND PRICES to convince all persons that what I say is so. We have a beautiful line of trimmed and untrimmed HATS AND BONNETS. Also, a nice line 01 nanasome jxecit lies, nuunea, Flowers, Silks, Ladies' Underwear, Perfumeries, Toys, Ladies' Collars and Cuffs, at all prices; Ladies' and Children's Patterns, INFANTS' READY-MADE DRESSES, and the best Corset in York for 50 cents; Net Shawls, School Satchels, Lilly White, Gloves, and the best assortment of LADIES' TUCK COMBS TO BE FOUND in the market. Call and see me and get posted in styles and prices. The only place in town to get work put up by a first-class Milliner. OLD HATS AND BONNETS RETRIMMED at reasonable prices. Don't forget that I keep Recherche Paper Patterns. FANNIE L. DOBSON. yorkyille hsvd skaax J. M. ADAMS, Proprietor. THIS establishment is now in successful operation. I take great pleasure in returning my sincere thanks for the liberal patronage extended me, and beg to call attention to the great reduction in prices, and to my extended facilities for carrying on my business. With an ever increasing trade, I have doubled my facilities and now claim to oe tne leading iiouse in tne tinning business, in York county. Having permanently located in Yorkville, I propose to hold the fort, and maintain my position at all hazards. I defy competition in quality of work, material used and prices offered. "granite iron ware. SOME of this ware has been in constant use for four years, and is as good to-day as when new, and with proper usage will last ten years longer. For sale by J. M. ADAMS, The Tin Man. stove fixtures^ SUCH as Pots, Kettles, Waffle-irons, FryingPans, Round Griddles, Stove Pipe and Stove Blacking, for sale by J. M. ADAMS, at the Yorkville Tin Factory. beeswax and rags. 1WILL give 20 cents per pound, in trade, for good Beeswax, and2 cents per pound, in trade, for clean cotton rags. J. M. ADAMS, The Tin Man. March 2 10 4t M. STRAUSS. GREAT BARGrAINS. Ladies' Dress Goods, 124 cents. White Pique, 10 cents. Black Alpaca, superior, 25 cents. Organten Muslin, 6 yards for $1.00. Printed Jaconet, 8 yards for $1.00. All other Goods at bottom prices, M. STRAUSS. FOR SALE?A BARGAIN. A SPLENDID 10-horse power Engine, (Erie City make) as good as new; a 50-Saw Winship Gin (new); anew portable Corn or Wheat Mill?one of the best; and a Planing Machine for dressing lumber, will be sold together or separately, at low figures and on good terms. T. W. CLAWSON, Yorkville, S. C. March 14 U 2m AUCTION SALES. PROBATE JUDGE'S SALE. E. C. Hapj>erfield vs. J. A. Garvin and others.? Petition for Partition. UNDER a Decree made in this cause, I will sell at York Court House, on SALES-DAY IN MAY NEXT, all that portion of the Strait land, not assigned in partition, situate about two miles below Yorkville, containing FORTY-THREE ACRES, MORE OR LESS, and bounded by the portions assigned to the Petitioner and J. A. Garvin, and other lands. TERMS-CASH. ($5 60) J. A. McLEAN, Probate Judge. April 11 15 4t SHERIFF'S SALES. BY virtue of writs offieri facias, to me directed, will t?e sold between the legal hours of Sheriff's sale, ON THE FIRST MONDAY IN MAY NEXT, at York Court House, the following property to wit: ortrl Inf In Porf \fHl fponfinff on Main street, and containing one acre, more or less, bounded by lots of B. F. Powell, S. Hotchkiss and others, levied oh as the property of Solomon Harris, at the suit of T. G. Cureton, Assignee, and others. To be re-sold at the risk of the former purchaser. ($5.40 The interest of William R. McNeel in a tract of land in Bethesda township, in York county, containing two hundred and seventy-three (273) acres, more or less, being a tract of land purchased, on the 2nd day of June, 1871, by Leonidas McNeel, now deceased, from the estate of Esther McNeel, deceased, upon the petition of Delilah Adams, et al., vs. Julia Wvlie, et al.t in the Probate Court, for York county, and described in said petition, as bounded North and East by lands of Neely Smith, and South and West by lands of W. R. McNeel, levied on under the execution of James A. Sanders. Sr., and for other executions. To be re-sold at tne risk of the former purchaser. ($11.17* Terms invariably cash. Purchasers who do not comply with the terms of sale, must expect the property bid off by them to be advertised for resale attneir risk for the ensuing sales-day. R. H. GLENN, S. Y. C. April 4 14 5t HUNTER & OATES. MILLINERY GOODS. A FULL line of Millinery Goods in stock, conj[\ sisting of Hats, trimmed and untrimmed, Bonnets, Ribbons, Ruffs, Ruohes, Ties, Flowers, etc. In all goods of this description, we have taken special pains to procure the latest and most fashionable styles, ana we guarantee them to be equal, in these particulars, to any on the market. HUNTER <fe OATES. READY-MADE CLOTHING. A GAIN, we come to the front, this Spring, with J\' a large, well assorted and carefully selected aiAJUn. Ui ucub is auu x uuujo x>wujr-iuauo viviuing, and we expect to stay in the front during the entire season. Give us a call and we will suit you. HUNTER <ft OATES. NEW GOODS. |~|UR entire stock of Goods has now arrived, and we 8;re prepared to offer in stvles, prices and quality, such inducements as will guarantee sales in every instance, where we receive a call. HUNTER <fc OATES. PRINTS. WE keep only the best brands of Prints, but we keep plenty of them, and they are the nicest and prettiest we have seen for some years. Also, a nice line of Percales and Muslins. HUNTER & OATES. DRESS GOODS. A COMPLETE line of Dress Goods, of all descriptions. Our prices and brands are too numerous to mention, but we will be glad to show and price them on the counter. Don't fail to give us a call. HUNTER <fc OATES. CASSIMERES AND JEANS. A NICE line of Cassimeres and Jeans, at HUNTER & OATES'. ~JQHff C. KUYKESDAL. HCNYADI JANOS WATER. 7 mHE attention of Physicians is called to this J_ great natural curative agent, now for sale at the York Drug Store. It is endorsed and recommended by the best English, German and American Medical Authorities in the treatment of the following diseases: Habitual Constipation, Inflamatlon. Congestion and Goutv disorders. Chronic Affections of the Organs of Respiration and Circulation, Organic diseases resulting from fatty degeneration, Hemorrhoids or Piles. In pregnancy and many female diseases. In Bilious attacks and disorders of the Liver, Ac. Would bepleosed tohnv*ami uauiuIuc IUbkiibI" ysis. JOHN C. KUYKENDAL. CHARGE TO THE GRAKD JURY." ~~ A FULL line of Sugar and Gelatine-Coated Pills?all the popular formulas and combinations. In stock at the York Drug Store. JOHN C. KUYKENDAL. A TRUE BILL. . OWING to a heavy and continuous demand from Russia ana other European powers, Quinine has become scarce and the price greatly advanced. We recommend, as substitutes, other alkaloids of the Bark Sulphate of Cinchona and Sulphate of Cinchonidia, not only on account of the great difference in price, but of their real therapeutic value wherever Quinine is indicated. JOHN C. KUYKENDAL. TRIED FOR HERXTFE. THE stock of Diugs, Fine Chemicals, Medicines, Fancy Articles, Soaps, Odors, Cologne, Ac., is very full and attractive at the York Drug Store. Prices made very low to Physicians making bills with us. JOHN C. KUYKENDAL. ACQUITTED. ALL sorts and sizes of Paint Brushes, from the tiniest Camel's Hair to the 7?0?5-inch Bristle, can be had at the York Drug Store. JOHN C. KUYKENDAL. II. W. HOPE & CO. BARGAINS, BARGAINS. WE are now offering to our customers and the public generally, great Bargains in all the lines of Goods we carry. Our stock is well selected from first-class Houses and are first-class Goods; and all Goods sold by us are guaranteed to give satisfaction. Using no particular line of floods as a tait to decoy the public, we sell every ineof goods upon their own merits. H. W. HOPE A CO. SHORS. SHOES. OUR stock of Shoes, in styles and quality, cannot be excelled, consisting of a full and well selected line for Men, Women, Misses and Children's wear. All goods priced at the counter, and prices lower than ever before in this market, for tne same goods. H. W. HOPE <fe CO. FANCY GOODS AND NOTIONS. A Beautiful line of Fancy Goods and Notions just received, such as Ladies' Ties, Cuffs and Collars, and many other things too numerous to mention. Call and see for yourselves. h. w. hope <ft co. CLOTHING. A FEW suits of Middlesex Flannel, for men's wear, at H. W. HOPE & CO'S. HATS, HATS. XTOW is the time to buy your Hats. Both lN Felt and Straw Goods, just received at h. w. hope & co's. TOBACCO. A FULL line of Chewing and Smoking Tobacco, Cigars and Snuff always on hand, at H. W. HOPE <fe CO'S. CROCKERY AND GLASS WARE A SPLENDID assortment of Crockery and Glass Ware, revolving Castors, <fec., just received, at H. W. HOPE & CO'S. KENNEDY BROS. & BARBON.' SPRING CALICO, &C. Kennedy brothers & barron would let the public know that they are still in town and have on hand a fresh supply of Spring Calicoes, Poplin Lustre, Ladies' Cloth Gaiters, Shoes and Slippers; Gents' Boots and Shoes; Ladies' Straw Hats; Gents' Straw, Wool and Fur Hats, Clothing; bleached and unbleached Homespun ; Stationery, etc. CROCKERY, StC. 4~10ME to KENNBDY BROS. <ft BARRON'S for Crockery, Hardware, Tinware, sugar, Coffee, Tea, Spice, Rice, Grist, Rico Flour, Salt, Molasses and Meal, wooden warei BRASS-BOUND Cedar Buckets, painted and unpainted Buokets, Brooms, Axe-Handles, Measures, Trays, Sifters, etc., at KENNEDY BROS. <fc BARRON'S. candy" COMMON and French Candy are always to be found at KENNEDY BROS. & BARRON'S. fancy groceries. JELLIES, Preserves, Canned Goods, Pickles, and a splendid assortment of French ami common Candy, and Crackers of all kinds, can be found at KENNEDY BROS. & BARRON'S. heavy groceries. SUGAR, Coffee, Rice, Grist, Lard, Molasses ; nice country-cured Haras; Flour, Fish, Meal, etc., are to be found at our cheap Store. KENNEDY BROS. & BARRON,