The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1905-12-27

voting on the question shall be in ia
vor of creating such further bonded
debt, none shall be created"
The provision for "such special
election here referred to is found in
Section 13 of Article II, which is as
follows:
Section 1S. 'In authorizing spe-
cial election in any corporated city or
town in this State for the purpose Of
bonding the same, the General Assem-
bly, shall prescribe as condition pre-
cedent to the holding Of said election
a petition from a majority Of the free
holders of said city or town as shown
by its tax books, and at such elections
all electors Of such city or town who
are duly qualified for voting under
Section IL of this Article. and who
have paid all taxes state. county and
municipal for he previous year, shall
be allowed 20 vote, and the vote Of
majority of those voting in said elec-
ton shall Be necessary to authorize
the Issue OF said bonds"
II pursuance Of the articles of the
Constitution, the General Assembly
enacted = general law on the subject,
tG,ziv1i Gcde, Section 2ooS) providing
70. esec.ions to be held Sin accordance
oy.tn Jle laws Of force governing mu-
r:cipal elections" and prescribing as
ion precedent to the holding of
the election. the fling OF the petition
e.ascri5aa ~ t;lg Constitution. Either
by inadver,ance o, design, hoa ever,
this statute While providing for tae is
suance of bonds, sanctioned soy an
election, for the construction Of water
works, oaaits all reference TO bonds
for the purchase OF water works. The
case, therefore, stands thus. The
constitution conferred upon munich
palities the right to acquire, by con-
structiea or purchase. water works
systems and to issue bonds therefor.
under the sanction Of an election. IN
enacting the general law for holding
such el..c; ons it was rot within the
power Of the General Assembly to so
limit tie use of the election machin-
cry provided as to deny me Of these
constitutional rights while giving op-
portunity for the exercise Of the other,
which was linked with it and stood on
precisely the same footing. When the
machinery is provided, and the pre-
requisites Of the election are laid down
by the General Assembly under the
mandate of the Constitution, all rights
to which they were intended by the
Constitution to give effect may be ex-
ercised under them whether expressly
mentioned in the statutes or not.
The facts of this case do not war
rant the court in sustaining the objec-
ton to the form Of the ballot,f With
out doubt, it is safer in such elections
to have th~ ballot express the precise
amount to which it is proposed to IS
sue bonds for then there can be nc
doubt Of the voter having fair notice
of the import Of his vote. But there IS
no statutory provision as to the form
of the ballot, and the most that the
court can require in this respect is
that the voters should have reasona-
b!e notice of the election and the is
sue It involves. In this case the bal
Let expressed that the issue was
whether the city should purchase tile
Sumter H2;e. works and issue bonds
for the purchase money. The record
! shows the purchase price agreed on
by city counc;f before the election was
$116,511.65. With certain small con-
tingent additions for experimental
boring of additional wells, and that
this was published officially and was
otherwise known to the qualified cleo
tors and the freeholders Of the city Of
Sumter.' 1t thus appears that the
municipal voters with full knowledge,
by the election gave their assent to c
bond issue exceeding $116, 100000,
which is the aggregate Of the bonds
actually signed add now in the hands
Of commissioners of public works.
The bonds, therefore, cannot be
held invalid on the grounds that the
ballot did not give notice to the voters
of the issue involved in the election.
Under the facts of this case the bal
lots were sufficient.
1t is therefore ordered and ad-
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