The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1895-10-02
OUR: CITIES AND TOWNS.
HOW THEY ARE TO BE ORGANIZED
AND REGULATED.

| HOW THEY ARE TO BE ORGANIZED
AND REGULATED.
Animated and Interesting Debate on this
|, Important Matter in the Constitutional
| NConvention.-soma New Provisions.
| COLUMBIA, Sept. 7.-Special: One
Of the most Interesting debates yet
heard in the Constitutional Conven-
velltion began on Wednesday morn
ing. It was called forth in the con-
sideration of the proposed article on
municipal corporations and police
regulations. This article deals with
the powers, duties and responsibilities
of cities and towns. The ordinary
laws on the subject are generally un-
derstood, and these were accepted by
the Convention with but immaterial
alterations. It was chiefly in new
features that the article called forth,
discussion. The first section of this
ordinance read as follows:
"The Legislature shall provide by
general laws for the organization and
classification of municipal corpora
tions. The powers of each class shall
be defined by general laws, so that no
such corporation shall have any power
or be subject to any restrictions other
than all corporations of the same class.
Cities and towns now existing under
special charters may abandon the
same and reorganize under the general
laws of the State.''
Mr.. Barker, of Charleston, moved
to amend by striking out after the
words charters may" the words
abandon the same and re0rganize
under the general laws of the State"
and substitute the following words:
May reorganize under the general
laws of the State, and when SO orga-
med their special charters shall cease
and determine" 49,
Mr.. Barker explained that this
amendment was intended to provide
for preventing the possible hiatus be-
tween the surrendering of the special
charters and the reorganization under
the general laws. The amendment was
adopted.
The third section was adopted as the
second had been, without opposition,
the two being as follows:
Sec. 2. No city or town shall be. Or
ganized without the consent of the
majority of electors residing and en-
titled by law to vote within the dis
trict proposed to be incorporated such
consent to be ascertained in the man.
ner and under such regulations as may
be prescribed by law. -.
Sec. 8. The Legislature shall restrict
the powers of cities and towns to levy
taxes and assessments to borrow
money or to contract debts; and no tax
or assessment shall be levied or debt
contracted except in pursuance of law
for public purposes specified by law. :
RIGHTS OF RAILROADS. -'se..e
Section 4 read this way as reported
by the committee: ... ...a
Sec. 4. No law shall be passed by
the general assembly granting the
right to construct and operate street
or other railway, telegraph, telephone
or electric plant or to erect water or
gas works for public uses and to lay
mains for any purpose, without first
obtaining the consent Of the local au-
thorities> in control OF the streets or
public places proposed to be occupied
| for any such or like purpose.
Mr.. Stanyarne Wilson moved to
strike out "or other" so as to exempt
railways from the power given by the
section to municipalities. Adopted.
Mr.. Patton moved to reconsider the
vote on this motion. This was agreed
to, and there was further discussion
participated in by Messrs. Patton,
Cooper, Wilson ahd Meares.
Mr. Barker suggested and offered an
amendment requiring the grantee of
such right to obtain previously the
consent of the town or city interested.
This was generally accepted and was
adopted.
Mr.. Patterson moved to indefinitely
postpone the entire section. Lost. The
section as amended was then adopted.
TAXES FOR IMPROVEMENTS.
Mr.. John T. Sloan moved to strike
out Section s.:
1.-THE general assembly may vest the
authorities of cities and towns with
power to make local Improvements by
special assessment or by special taxa
| ton of property benefited"
The section was struck out on dlVls'
ion, 81 to As.
WATER AND LIGHTS.
Mr.. Haynsworth moved to strike
out section 6, reading thus:
"Cities and towns may acquire by
construction or purchase and may op-
crate water works systems and plants
| for furnishing lights, and may furnish
water and lights to individuals, firms
and private corporations for reasona-
BILE compensation"
Mr.. Haynsworth motion to strike
out was defeated.
Mr.. G. G.. Wells offered an amend
ment providing that no such enterprise
be undertaken by a municipal corpo-
ration except by vote of the majority
of the electors qualified to vote on the
creation of bonded debt. MIR. Wells
spoke strongly in support OF his
amendment.
This amendment was adopted and
the section, as thus amended, was
passed.
TRIAL BY JURY.
Section 7 was then taken up. On
motion of Mr.. Prince it was amended
so as to read:
whenever any municipal court is
authorized and empowered to punish
violators of city or town ordinances