Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1897-09-25
emspaper: for the 9ronroon of the potifal Social 9g
Mistellaneuus geadimg.
POWER To BORROW MONEY.
Judge Watts Make an Important Decision
Against the City Of Greenville.

Judge Watts Make an Important Decision
Against the City Of Greenville.
The News of last Tuesday contains
synopsis of an important decision
that has just been rendered by Judge
Watts against the city of Greenville.
The case was argued before his honor
last July and the principal questions
involved were whether the city could
force property owners to pay one-third
the cost of fixing up streets, and
whether the city has the right to bor-
row money except in anticipation of the
taxes to be collected for the year dur
ing which the money is borrowed. The
action was brought, says The News, by
w. L. Mauldin and other main street
property owners to enjoin the collec-
ton by the city council of an assess
ment against them for two-thirds of
the cost of paving Main street from
North street to the river. The total
cost was nearly $4,000. :.
Judge Watts sustains the contention
of the plaintiffs and epjoins the city
from collecting the assessment.
In his decree he knocks out the city
completely, holding in the irst place
that the act under which the city made
the assessment is unconstitutional, and
in the second place that the levy was
not properly made under the act even
| if the act is finally held to be consti-
tutional. This is the gist of his de-
cree, which is very lengthy, covering,
as it does, Is closely typewriter pages
of legal cap. The judge sustaips the
following main contentious of the
plaintiffs:
Q.) That the act of 1891 authoriz-
ing the assessment is unconstitutional
in that it seeks to charge the property
owners of the abutting one side of the
street with one-third of the cost of
laying the pavement on the other side,
and in that it does not provide for
notice to the property owners, and is,
therefore, taking of; property with
out due process of law. (2) That if
the act was constitutional the assess.
ment would still be irregular and void,
as it was levied upon the property
owners abutting on the improved sec.
ton of the street, whereas, the act of
1891 requires that it be charged against
all of the property owners on the entire
street in proportion to their frontage.
(3.) That improvements were done on
credit and that bonds were not issued
as provided in the act, it being alleged
that neither the statutes nor the new
constitution permitted the making of
the debt for the paving in the manner
in which it was done. (4.) That many
property owners suffered damages from
the alterations in the grades, which
damages should be Offset against their
respective assessments.
One point of interest decided relates
to the power of cities to contract debts.
He holds that the city cannot issue
certificates of Indebtedness unless made
payable out of the taxes for that year.
On this point he says:
"The act contemplates he issue of
bonds as means by which credit is to
be obtained. The council issued no
bonds, but as the work was being done
in 1896, certificates of Indebtedness
were issued payable out of the taxes
to be collected in 1897. The new con-
stitution, article 8, section 7, declares
that no bonded debt shall be created
by any town or city without first sub
mitting the question to the electors,
nor unless majority voting shall favor
it, provided that this shall not be con-
strued TO prevent the issue of certifi'
Gates of Indebtedness in anticipation
of the collection of taxes actually con-
tanned or to be contained in the taxes
for the year when such certificates are
issued and payable out of such taxes.
The certificates issued in 1896 were
made payable out of the taxes for
1897. This was in violation of the
constitution, and for this debt, thus
unlawfully created, it is proposed to
levy this and other assessments. No
levy can be sustained which is for the
purpose of paying debt created in
violation of constitutional proVis-
inn -