The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1888-03-08


highways. This Act was repealed by
Act of January 18th, 1870, 14th ST.,
3l3) and townships were deprived Of all
corporate power; but the names and
boundaries were preserved, presumably
because such names and boundaries had
been generally adopted as assessment
and school districts under other statutes
which conferred no powers upon the or
ganiZations as townships, though in the
former they were mere geographical
lines for convenience in assessing and
collecting taxes; and in the latter pos
sessed Of corporate powers by law for
school purposes alone. Gen. Stat. Sec.
zoos. Iconclude that township is not
a corporation.
The title Of the Act relates only to the
incorporation of the railroad company,
but its general purpose being to provide
for the construction of the railroad, it
has been authoritatively held that any
subject germane to the object is suffi-
GENTLY embraced within the title, with
out making the title general index,
thus, that giving authority to coun-
ty to subscribe to railroad COM
pany, which without such authori-
zation could not do so, is embraced with
in a general title to incorporate that rail-
road, because a railroad is highway,
the building of which is as much within
the general scope ofthe corporate powers
Of county as the construction of other
highways, Legislative authority being
necessary to legalize tax for the latter
and the authority to subscribe was mere
ly in futherance of the object of the Act.
A township not being corporation
the present Act goes a step further and
creates corporation with the sole power
and for the sole purpose of enabling it to
subscribe to the stock of another corpo-
ration. That further step renders it OBJ
noXious to Article 2, Section 20, Consti-
tuition South Carolina, in that it relates
to the creation of two separate and dis
tinct corporations, only one being men
toned in the title.
But as this conclusion will doubles be
controverted, let us see whether if not
obnoxious to that provision of the con-
stitution, the Act be not rendered void
by Articles, Section 8, Constitution Of
South Carolina, which authorizes the
Legislature to vest the corporate author
tiles of townships, etc, with power to
assess and collect taxes for corporate pur-
poses. All the authorities agree that
townships, ETC., by reason of this provis-
ion Of the constitution may not be vest
ed with power to assess and collect taxes
for any other than corporate purpose.
Townships in this State have no corpo-
rate existence. The Act under consid-
Grafton does not purport to give Ninety
Six Township any corporate existence
or purpose, except to subscribe to that
railroad company. If it had failed to
subscribe, it would have been as lifeless
as if it had not been referred to by de-
scription in the Act. By the Act it does
not become such township as may be
vested with power to subscribe to the
railroad company. 1t is not township
within the meaning of Article 8, Sec
ton of the Constitution of South Car
olina. And the purpose is not a corpo-
rate purpose within the meaning OF
that constitutional provision. Weight
man VS.. Clark lO3, United States Su-
preme Court 256, is analogous.
1t is ordered, decreed and adjudged
that the Acts of the Legislature, enti-
tied respectively, San Act to charter
the Greenville and Port Royal Railroad
Company" and IAN Act to amend an
Act entitled "An Act to charter the
Greenville and Port Royal Railroad
Company" are unconstitutional and
void so far as they purport to authorize
townships to subscribe to the capital
| stock of said railroad company; and
| also so far as it purports to incorporate
any township or townships; that the
tax assessed, levied and collected to pay
the interest on the bonds issued in be,
half Of the Township of Ninety-SiS
was illegal; and, I do certify that the
taxes hereinafter enumerated, upon g
trial upon the merits, were found tt
have been Illegally and wrongfully col
lected and ought to be refunded to the
following named persons respectively
Here follows the names Of the person:
from whom taxes have been illegally
collected, which we do not deem of suf
fcient importance as to give them K
our readers.-EDIToRsC COURIER.
| The S.nctiry OF the Oath.