Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1905-06-27
Cities and Bond. Issues

Inc lOllOWlng opinion was recently
handed down by the Court of Appeals
In Robertson vs.. City of stanton,
Alexander +. Robertson sought to obtain
in the Corporation Court of the city of
Stanton an injunction against the issue
by the city of FIVE bonds of 500 each,
the proceeds of the sale of which were
to be applied to improving the streets
and alleys of the city, upon the ground
that the city already had outstanding III
terest- bearing bonds aud obligations in
excess of the limit prescribed by the laws
of the State. Upon the hearing the
court dismissed the temporary injunction
awarded, denied permanent ore and
dismissed the bill. From this decree
Robertson appealed, and Judge Keith,
president of the Supreme Court, wiring
the opinion, reyerses the judgment Of the
lower court
At the time Of the adoption of the or
dinance providing for the issue OF these
bonds, the outstanding interest bearing
bonds of the city of Stanton aggregated
nearly n per cent. Of the assessed value
of all the real estate within the city sub
lect to taxation. The charter of the city
authorized the issue of certificates ofdebt,
or bonds, not to be irredeemable for .
period created than thirty-tour years, un-
der certain conditions, but did not name
any limit in amount. by an act of the
legislature passed in 1875 (code, 1887, sec.
l039 it was provided that those cities and
towns except Danyile) whose charters
do not determine the limit of aggregate
indebtedness allowed to be created by
them should not create an Indebtedness
in excess of II per cent of the assessed
value Of their real, and Is per cent. of
their personal property. Section l27 of
the Constitution limits the issue of
bonds, ETC., by cities or towns to Is per
cent. of assessed value Of real estate, in
Guiding existing Indebtedness, but pro-
vides that that section shall not apply To
those cities and towns whose charters
existing at the adoption of the constitu-
ton authorize larger percentage Of in
debledness. The city ofStaunton claimed
that it was authorized by its charter 10
contra debt and issue bonds without
limit, aud therefore came within the
proviso in section l27 Of the constitu-
tion.
The Supreme court holds that section
1899 Of The code applied while in force
to the city of Staunton, operating as a
limitation to the power conferred by the
charter, but did not confer the power to
create indebtedness; that il was plainly
in conflict with section III ofthe consti-
tuition, and upon the adoption OF the
constitution persisted on account of its
repugnancy. The court is of the Cpin-
ion that section l27 of the constitution
is to be taken as dealing with the several
legislative charters of cities aud towns
of the State; that the general laws by
which cities and towns are regulated.
persisted with the adoption Of the con-
stitutiOn, if repugnant to it, or were lelt
by that instrument to be dealt with by
the legislature in the ordinary course OF
legislation; and that the limitations of
the section apply TO the charters of all
cities and town which DO not in terms
authorize a percentage of indebtedness
larger than that named in the section.
The section is also held to be self execut-
ing, and, so far from requiring legisla-
tive authority TO make it operative,
would of its own inherent force have
rendered of no avail statute which un-
dertook to authorize what it has prohib-
tied.