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SOUTH DAKOTA v. NORTH CAROLINA

No. 8. Original.

192 U.S. 286 (1904)

SOUTH DAKOTA v. NORTH CAROLINA.

Supreme Court of United States.

Reargued January 8, 11, 12, 1904.

Decided February 1, 1904.

Attorney(s) appearing for the Case

Mr. Wheeler H. Peckham, with whom Mr. R.W. Stewart was on the brief, for complainant.

Mr. Robert D. Gilmer, Attorney General of the State of North Carolina, Mr. George Rountree, Mr. James E. Shepherd and Mr. James H. Merrimon for the defendant, State of North Carolina.

Mr. Daniel L. Russell, with whom Mr. Marion Butler and Mr. Alfred Russell were on the brief, for defendant Charles Salter and the second mortgage bondholders.

MR. JUSTICE BREWER, after making the foregoing statement, delivered the opinion of the court.

There can be no reasonable doubt of the validity of the bonds and mortgages in controversy. There is no challenge of the statutes by which they were authorized. By those statutes the treasurer was directed, when it became necessary to borrow money for the payment of the subscription, to prepare coupon bonds and advertise in one or...

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