The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-08-16
THE SEWERAGE ELECTION
THE BOARD OF AUDIT AND FINANCE
SQUASHES 1T.
Eugene S. Martin, Esq, Renders an
Opinion that the Election Act 10 In
valid and that an Election and Bond
uIssue Would be Null and Void.


AT the regular meeting of the board
of audit and finance last Tuesday &C
ton was deferred on the resoiueioh Vi
the board of aldermen Gazing an eiec-
ton and a~ppropriating SOU 10 pay inc
of the same, to De neio sep
TENDER 5th to give the people an OPP
Dort,,nitv to vote on the question OF IS
en;np 500 600 in bonds for the constitute
tion of a sewerage system, such elec-
zion having been called under an act
1assad by the general assembly in 1891
Action was deferred in order TO get an
opinion from Eugene S. Martin, Esq
as to the right OF the board TO call an
election under this act and whether IL
the election would result in favor OF a
bond issue the bonds would be vailed In
law.
Mr.. Martin having on Saturday filed
his opinion with Mr.. c. W. Yates acting
chairman of the board of audit ana
finance Mr.. Yates called a special
meeting of that board yesterday after
noon to receive the opinion and act on
the resolution of the board of aldermen.
The board accordingly met at 3 p. m-'
the following members being in at
tendance. Acting Chairman {. w.
Yates and Messrs- w. A. Riach, Jesse
Wilder and S. P. McNair Mr.. Yates
presided in the absence of Chairman
IA C. Mcqueen, who is it Saratoga,
n. Y.
The object of the meeting having
-r- - II N-nrfhrnn Ir
read the opinion Of Mr.. Martin 1t was
as follows:
Wilmington, y. c., August 10, 1901.
c. w. Yates, Esq. Chairman Pro Tenn
of the Board of Audit and OIL
the City of Wilmington:
Dear Sir: On the 18th instant you, on
behalf of said board, submitted to me,
fon an opinion, the following questions,
to-wit:
Whether the election, for the issuing
of sewer bonds by the city, PROVIDED Tor
by the ordinance adopted by the board
of aldermen at the meeting held on the
5th day of August 19Ol would De Vano
in law?
And whether, if such election should
result in favor of issuing said bonds,
the bond so issued would be valid in
law?
The ordinance in question is, (as stat
GU III III OIulIldAAOCI III
and based upon an act of the general
assembly entitled IAN act to authorize
the city of Wilmington to establish
sewers and for other purposes ratified
the 9Th day of March 1891, being chap
ter 242 of the private laws OF 1881.
The answer to the foregoing ques-
tons therefore involves a construction
of that act.
Briefly stated, that act provides in
the first eight sections thereof the
whole scheme for the construction and
management by the city autnorltleS OIL
public sewers only.
Section 9 provides: And for the
purpose of carrying out the provisions
of this act and for paving, grading and
improving the streets and or
said city" the board of aldermen or
said city were required to cause an
election to be held at the same time
with the election for aldermen in March
1891. at which election h qualified
voters of said city might vote for or
against the issuing of bonds of said
city for sewerage" and for street
improvements not exceeding in
amount two hundred thousand dollars.
as provided in said section.
Sec. 10. That if a majority OF the
qualified voters were in favor of said
bonds, the same should be issued, etc.
Sec. II. That the authorities of said
city sha annually levy a tax to pay
lllCI est VII Sdlu o1lu o1u q - Il
the principal thereof, ETC.
Sec. u. That if the result of the cleo
ton held in March 1891 shall be against
the issuing of either of said n
(that is for sewers or for street m
provements. as the case may be) 1.-THE
board of aldermen may at any time or
times afterwards again submit to the
qualified voters of said city the ques-
ton of issuing said bonds"
Sec. Is. That should bonds to the
amount of two hundred thousand dol
lars be issued that at least one-half of
the amount derived from the sale o.
said bonds shall be used exclusively
for paving, grading and improving
streets; but should the election result
in favor of bonds for street improve
mentS alone bonds for his purpose
alone should issue and be so used, not
exceeding in amount one hundred thou
sand dollars; and should the election
be in favor of bonds for sewerage alone
then bonds not exceeding the same
amount should be issued and used for
that purpose alone.
1t appears that the election was held
in March 1891 as provided in said act
and the proposed issue of bonds for
both sewerage and street Improvements
was voted down by the people. Under
these circumstances two questions are
now presented for consideration.
1st- Has the board of aldermen pow
er under said act to again call an cleo
ton. 10 determine whether bonds
should be issued, at any time in it's dis
erection or only at some particular time?
End. "a an election for issuing
bonds for sewerage" alone be held, or
must the election be for bonds for both
sewerage and street improvements? In
other words can bonds for either sewer
age or street improvements be voted
for separately and at different times?
Answering the first of the above queS-
tons I am of opinion that under section
IL Of said act the board of aldermen
has power to call an election at any
time in it's discretion and is not restrict
ed to any particular time, provided of
course the requirements of the act as
TO notice, ETC.. are observed; and there
fore the board had power to call the
election at the time provided in said or
dinance.
The second of said questions cannot
be answered with so much confidence |