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AW ABSOLUTELY PROHIBITS PAYMENT -TEMENT FROM THE COUNTY ATTORNEY. Position of the County Board in the Matter of the Good Roads Machinery Debt. Editor The Herald and News: I vnclose you a copy of communication this day forwarded to the Observer as to the good roads machinery, which I would be glad for you to publish, as I deem it to be a matter of public interest. Respectfully, Fred H. Dominick, Clerk and Attorney. To the Editor of the Observer, Newberry, S. C.-Dear Sir: I have read with some interest and more surprise your editorial in yo.:. issue Cf the 24th inst.. headed "Pay the Jebt." in which you state that the c luntv of Newberry is morally bour pay the debt incurred in 'he pur ciase of the good roads machinery, and intimate that the debt should be paid. no matter whether it be legally binding upon the county or not. I amvery sorry that this matter has ccme or: .iust at the present time. and top)I 'ally j: rth incomlete man -ier that it has. and I would have been glad if you had called upon me and (zained all of the facts in reference to the matter before the wri!ing of vt.ur article. I will state in the beginning that there is no intention or desire upon the part of the present board to repu diate any debt of the county, but the law fixes certain limitations and bounds as to the disbursement of public funds by the officers who are charged with this duty, and all offi cers before they are commissioned are required to take an oath that thc.i will perform their duties according to law and will uphold the laws and con stitution of the state, and they are further required to enter into a good and sufficient bond for the faithful performance of their duties. This machinery was ordered on the second day of aMy, 1903, by the for mer board of county commissioners, and the amount of the contract was $4153.77, for which the board gave its note payable in December of thati year with the right of renewal for a period of five years, upon the pay-* ment of interest at six per cent. per annum. The principal inl the note re mains the same, nothing hav ing been paid except the in terest upon it. On the Ioth day of February, 1905, the Good Roads Machinery company called on the present board to pay the past due interest and make a partial payment on the principal and give a new note for the balance. This was referred to me as attorney for the board for an opinion on the matter, and after thoroughly investigating- the matter, I wrote the company, inter alia, "We do not care to be placed in the posi tion of a repudiation of a just debt against the county, but as the matter now stands, we conceive that we have not only no authority of law to pay the amount or to renew the contract, but the board would be both civilly liable on their official bonds and also criminally liable under our cr'iminal code, should they do so." I did not intend to give the reasons for this opinion to the public at this time. as I thought that it would be premature on my part. but as you have commented on the matter as yon have. I will quote certain sec tions of the law which go to sustain my' opiniOn as given to the board. The si'pplv hill. which provides for the taxes to he levied in the state and couties.C5 provideCe each year that "it a!i ne :nlawful for any officer au' :I:orized in make co':ract" to be paid !rom the money it'l p. ro-:ided in this act. to mak~ any contract or contracts mn exc m~ of .he~ money provided to he ral -d 6 said levies. .od any~ ofdcer or of1Scers convicted of violating the provisen!a of this -ection, shall be punished as for a misdemeanor. All contracts made in violation of this section shall be void." This section is so clear as to re quire no explanation from me or any one else. Section 6o9, Code of Laws of South Caoln, m02, Vol. i. provides in part: "It shall be unlawful for any state or county officer to issue any certificate of indebtedness." This section prohibits the board from re newing the notes, and the supreme court of this state has declared in what are commonly known among the members of the bar as the "School Chart Cases" that such notes are void, and the parties holding the notes are obliged to stand upon their original contract, which, in this in stance, will mean that the Good Roads Machinery company will have to rely on their contract made in 1903 for their money, and the amount can not be paid out of the funds now on hand. The funds now on hand are funds which have been collected for the purpose of carrying on the county government for the yaer 1904, and these funds can not be used for the payment of any indebtedness ac cruing during a previou, year, as you will clearly see by reference to Section 607 of the Code, which pro vides that "it shall be unlawful for any public fficer, state or county, to divert or appropriate the funds aris ing from any tax levied and collected for any one fiscal year to the pay inent of any indebtedness contracted or incurred for any previous fical year." Besides the law above quoted, Sec tion 377 of the criminal code, 1902, provides: "It shall be unlawful for,( any public officer. state or county, at dhorized to so contract. to enter irto or contract, for any purpose whatso ever, in a sum in excess of the tax levied, or the amount appropria:ed, for the accomplishment of such pur pose: or to divert or appropriate the r funds arising from any tax levied I and collected for any one fiscal year to the payment of any indebtedness contracted or incurred for any pre- ' vious year; and on violating the pro visions of this section, he shall be deemed guilty of a felony, and upon conviction thereof shall be punished L by a fine not exceeding five thous and dollars and not less than five hundred dollars, and by imprison ment at hard labor in the state peni tentiary for a period not exceeding five years nor less than one year, or either or both, in the discretion of the court." The above is, in part, the law upon which I base my opinion. Aid I might say in this connection that this opinion was not definitely formed until after thorough investigation and consultation with two of the leading and older members of the bar of Newberry, and men who have been identified with county affairs and county government for the past twenty years. The board has not endeavored to find a way or an excuse to keep from paying this debt. On the other hand, I was explicitly requested by the county supervisor to see if I could. not devise and render an opinion which would allow this debt to be paid. But under the law above quot ed I co Id render no other opinion than h2 been rendered. Upo.1 reading this law it is clear to almost any one that the board would be not only civilly, but criminally, liable in case this debt should be paid, and as local attorney for the American Surety company, which is surety up on the supervisor's official bond, and as the legal advi&or of the county board of commissioners, I was bound :o give them the law as I found it, whether it be a question of good mor als or not. As to the machinery, I .vill state that I believe it to be a good thing, if properly used. The present board has not used it on account of, the fact that we have not had suffi cient funds and labor to successfully operate~ it. Practically all of it is now at the county home under shel:er, If wold( be glad if .rome way could be devised by which the debt could be paid and the county retain the ma chinery and have it at work upon our roadIs. and while I am not attor ney for the Good Roads Machinery 'cmpany, and am, therefore, not call ed u:pon to give the'm advice as to the collection of the debt, I will say that it seems to me that the only way they can collect it will be by leg islative enactment. Aside from all this. I understand that the company retained an attor ney to look after the legal aspect of this contract, and2 they were, there fore, presumably advised as to. the legality of the said contract and went into the same taking their chances, Clothi Cope We can show 3 selected stool that will be shc The make and fit ol with us in selecting Choicest L We are agents in Newberry or such lines of clothing as 'Schloss Bros," Baltimore, m.nd Hart, Schaffuer & Marx, )f Chicago. To have the label >f either of these makes of ,lohing on your suit means a )erfect fit, best style and best juality for the price that money :an buy. We have suits for nen in all the new and stylish naterials at $5.00, $7.00, 38.00, $9.00, $10.00, $12.00, 14.00, $15.00 and $18.00. (ou should see them and try our size on to appreciate them. )on't buy your new spring suit intil you have seen our line.I We know we can please you in tyle, fit and price, and save Shoe The swellest Oxfords that eve - for Men, Ladies latest styles and Shoes for Men Shoes for Lac "Be sure to s< buy." We have the best a' ies, Underwear, and I Styles CC Cope ith their eyes wide open. To sum up the entire matter, so far La the b)oardl is concerned, the moral bligationU did not and can not enter nto the matter. The board is bound o carry out the lawv as it finds it. The nemhe:S of the botard are not law nakers. The board will, whenever hey believe themselves to be duly tnd legally au:horized to pay this let, bec only too glad to pay the ~ame if there are sufficient funds on andl to do so. The law, as the board finds it now, ibsolutely prohibits the board from >aying this debt, and by the law the >oard inus: abide. Respectfully yours Fred H. Dominick. Clerk and Attorney. The editorial in the Observer of March 24, to which Mr. Dominick re frs s as follows: Shoes gros., .rgest and best r and Shoes y this Season. en a special feature ison as well as the Patterns. And we have not overlooked the boys. Mothers, wil you not look up your wants in the boys' line, and come here for the best on earth for the price. Our $2.50 Suits, all wool, will be sold at $2.00 each. Our $3.00 Suits, all wool, will be sold at $2.50 each. Our $4.00 Suits, all wool, will be sold at $3.00 each. The above prices are given [n order to make room. We are too much crowded and overstocked in this department. 100 pairs of good, durable Boys' pants at 25c. pair 100 pairs of good wool pants at 35 and 50c pair. Shoes! ., Shirts, ollars, Cuffs, orne to see us often,. ces Low. Bros. They were advised and urged to do so by a number of people of more or less prominence and by the two newspapers of the county. So far as we know, none of these men or news papersw was in:erested in the purchase one cent. and none had any end in view ecepCjt to p)romlote thle cause of good roads in the county. We cer tainly thought it was a wise invest nment to make; and we still think it would have been, and still might be, if the machinery were properly cared for and used. Anyway, the county has given its note for the machinery, and it ought to pay the debt even though it might be able to repudiate it under a legal te.ehnicality. Honesty requires it, and we believe the courts will re qt:re it also: though we acknowledge that our opinion is not worth much on the legal aspects of the case. Oa the moral aspect we have not the shadow oi a doubt. ig and Eand rou one of the lg cs of Clothini )wn in Newberr the Clothing has be our lines for this se. 'tyles and you some money. We have the biggest and, best selected stock in town to choose from. sI Shoes, and prettiest Shoes and r was shown ir Newberry and Children, all sizes and best makes and all colors. from $1.00 to $5.00. ies from $1.00 to $4.00. e us on Shoes before youq ~d strongest line of Hats Iosiery in Newberry. C ~rrect and Pri and| Pay the Debt. The Herald and News says the county will refuse to pay the debt contracted for road machinery. WVe had heard whisperings of that sort before, but didl not know that there was any foundation for them. The county may have made a mis take in buying the machinery: but it will make a greater mistake in repu diating hs obligations. The machin ery was brought deliberately; it was bought by the the officer authorized by law to buy it: :here is no claim that the machinery did not come up to the representations made by the seller It is claimed that the debt is nlot legally binding because an act of the legislature forbids officiais from mak ing obligations for wvhich provision has not been made. We do not know about that. The county, through it legal repre sentatives, bought this machinery.