The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1898-04-26

Stanley Comfy Decision Hc-affirnca
by Supreme Court.
The Supreme court. has this Week re-
affirmed its famous Stanly county bond
case, ut the same time making certain
corrections in former decisions along
this line.
In the case Of City Of Charlotte vs..
+. ID. Sheppard 4 Co, the court renders
another decision in line with Bank of
Oxford vs.. Commissioners. 10 y. c..
200; Commissioners vs.. SnuggS. III y.
c.. 304. and Mayo vs.. Commissioners II
this term.
In all these cases the act authorizing
the creation Of the debt. the issue Of
bonds and the levy of taxes. was not read
on three several days, and the yeas and
nays and recorded as provided by the
Constitution (Article >, section IA. This
being so. the court declares the act. SC
far as giving authority for the creation
Of a debt and the issue Of bonds, a multi
~ and without authority.
"TO make the bonds of a municipal
corporation valid and binding as evi
dence of, an Indebtedness of such mHni
cipality.' says Judge Furches in rem
dering the decision of the court. tive
things are necessary: There must he an
act Of the General Assembly passed and
ratified as required by the Constitution.
Article H.. section II. authorizing the
creation of such debt and the issue Of
such bonds; and, upon his legislative au-
thority. the proposition to create such
debt and to issue bonds thereon. must
be submitted to the popular vote of the
municipality and must receive the sane
non of a ma 1oCjtv of tho n1alfaI y,tor.
at an election held for that purpose.
When this is done, that Is. when the
municipality has the legislative authori-
~. as provided by the Constitution. -
submit the question. has submitted the
question, and it has been approved by 4
majority of the qualified voters. the
municipality then has the power to ere
ate the debt and to issue the bonds.
When such corporation has thus ic-
CURED the right to create the debt and
to issue the bonds. this power carries
with it the power to levy the taxes ne
cessary to pay said bonds and the accru-
ing interest thereon Z g T.
1t is suggested that Article VII. sec
ton I. Of the Constitution provides that
il is necessary that the power to tax
should be expressly granted in the legis-
latlve act. We do not think Article
' IL. StfiloH 4. NOE ANY Ot1pf DrOYG>l0n
of the Constitution contains any sucr
requirement as this . = = That
clause. if intended to have any separate
ard independent meaning. was only in
tended to apply 10 snch Indebtedness as
had not been submitted to the vote of
the people.
cannot believe that If was eyer
intended by this section of the Constitu-
ton to authorize the creation of n debt
without authorizing The power 10 pay
the same. And 4 municipal corporations
has no other means Of paving but hy
taxation z 2 Our opinion then il
that where tho act authorizes the crea-
ton Of the dcbt and the issue of tho
bonds. and is approved by the vote of a
majority. this. by necessary implication
authorizes the payment and the neccssa-
ry levy OF taxes to do so"
Anything in former opinions on thie
question. i'll conflict with this opinion.
is Oyer-ruled.
In this last case. unlike the former
ones. no bonds have yet been issued.