The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1888-03-15
VALIDITY OF TOWNSHIP BONDS.
Reasons for BoldiDg that Judge Norton
Decision is Erroneous.
If'rom the News and Courier:


cannot, under authority contained III i
railroad charter issue valid bond iS Il
subscription thereto, is exciting some
apprehension among holders OF sllch
securities. believing that this appIe-
hcnsion will prove unfounded when thG
questions are more fully examined, l
beg to submit some points that the dc
cree of Judge Norton seems to have -
norcd.
The constitution of 1SGS, Article IN,
Sections s, provides "that the corporate
authorities OF counties, townships,
school districts &C., may be vested with
power to :lSSeSS and collect TAXES loT cor
porate purposes"
The General Assembly in 1868 (NlN
Statutes, 1901 required the county COM
miSSionerS Of each county to "ulEloe
their respective counties into townships
of not less than thirty-SiN, nor more
than one hundred square miles III cN-
tent, with certain exceptions as TO
area" The commissioners were also TO
designate the names Of the several
townships thus established, and a1flN
permanent boundaries for the same.
\ subsequent Act XIV Statutes, l4G)
declared 1.-THE inhabitants of every
township Il body polite and corporate,
for all general purposes, and provided
an elaborate system Of township gov
ernmcnt. Its title reads, "An Act to
organize townships and to define their
powers and privileges"
\ still later Act, civ Statutes, 3l3,
declared that an act entitled An Act
to organize townships, and to define
their powers and privileges, be, and the
same Is hereby, repealed, except that
portion of the same fixing the number,
names and boundaries of the respective
townships of the respective counties" ."
1t will be observed that the repeating
provision affects only the Act OF Sep
tcmber %, 1865, (XIE Stats, 1867.
But it clearly deprived the town
ships of all general corporate power. 1t
left intact the provisions in the county
commissioners Act, (Secs. ii and l.,
XIV Stats, l3O, and also Sec. i Of the
townships Act. Let us see how; the
matter then stood.
The Constitution, Art. 9, Sec. s,
enumer;ites ''townships' us parts OF the
political divisions of the State, and
vests their corporate authorities with
power 10 assess and collect taxes for cor
porate purposes.
The legislative enactmcItS fixing the
names and permanent boundaries of the
townships remained Of force.
Under the Constitution they are au-
thorized political divisions of the State,
and by Legislative enactment their
names and boundaries are permanently
fixed and designated. Thus they eN.
listed when, on December II. 1854, the
General Assembly ratified the amend
ment to Article ! y Of the Constitution
, bv adding this section: "Sec. II. Any
bonded debt hereafter incurred by any
county, municipal corporation or pc
litical division CT this State, shall never
exceed eight per centum Of the assessed
value Of all the taxable property there
in."
This amendment, given its most lin
tied Interpretation, recognizes the right
of political divisions OF the State not III
cnrporated, as we'll as those political
divisions known us counties and mu.
nicipal corporations, to incur bonded
debts within the same prescribed limits.
Were there any political divisions OF
the State, other than townships, falling
within this designation at the date OF
the adoption Of this amendment? Its
hardly necessary to ask, for however
numerous this class might be, the
amendment included them.
But while the amendment acknowl
edges the right of non-cOrpOrated po
litical divisions, i. e., townships, tt
incur bonded debts, it does not confer
| power TO incur.
But no one will question the authori
ty of the General Assembly to confcl
such power, since the right to confer ii
is recognized.
Judge Norton seems to think that
| under Article II, Section 20, the town
ship must have existence rs 4 corporate
| body before such power can be con
| ferred in the same Act incorporating ;
railroad company. II the purpose o
| the Legislature was 70 Great. two sepa
rate corporations in one and the SAME
Act, Article II, Section 20, would most
likely be violated.
But the Act in question docs not
| from any language contained iii it. Dur
port to confer general corporate powers
on townships. Nor is it necessary t
Go this. Whenever power is given tc
d designated body OF people to do any
| lawful act, such body becomes a cOrpO
ration by implication and without
special enactment, to perform the act
and all else incident or necessary to It's
performance. The Supreme Court
adopts the doctrine in State Ex. Rel
Brown w. r. r. CO., 13 S. G., 299-3l5
in answer 70 the inquiry there raised
whether counties We're corporations
capable OF subscribing bonds 70 Il rail
road company.
Counties have H0 more power than
townships to subscribe aid bonds tc
railroads. The Legislature must speci,
! aily authorize each case. Both counties
and townships occupy tie same status
as to their right to be endowed with this
power under the constitutional amend,
mcnt oflSS4. So that the only question
remaining to h" answered is, can the
General Assembly confcr the power tc
subscribe IN til" same Act by which ii
| Incorporates the railroad company
| without being obnoxious to Article il,
Section ~?
The Supreme Court having. already
answered this inquiry atlirnatlycly in
several cases before it, most notably Ill
Conner vs. Railroad Company, % :. G.,
435 the .awrnay be considered securely
established. The language Of the Court,
quoting from san Antonio vs.. :Iahaf'
sey, i9G United States sup Court, 3l5,
is pcrtincnt 1t says: "Whcn an Act
of the Legislature expresses III its title
the object OF the Act, the title en-
braces and expresses any lawful means
to achieve the object, thus fulfilling the
constitutional injunction that every law
shall embrace but one object, and that
shall be expressed Ill its title
March 9, 1883. JAS. +. HAHr.