The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-04-09
WANTS EVERYBODY TO PAY.
Alderman Baxter Introduces Resolu-
tion in Council-Opinion by City
-" Attorney. -.

Wednesday night Alderman Baxter
introduced q resolution to the effect
that all persons, including commits
sioners Of public works and em-
ployees, be required to pay the regular
light and water rates. At that meet
ing the resolution was withdrawn UNI
til an opinidb could be secured from
the city attorney as to the authority
, of city council to adopt any such res
Olution.
Alderman Baker says that he had
understood that city council, during
former administratidly had adopt
ed a resolution granting free water
and free lights to the commissioners,
and he thought that if council had the
power to grant free water and free
lights 1T had power to rescind such
action.
1t is fact, so Mayor Klettner and
others, who were connected with his
administration in 1901 state, that a
resolution was adopted by council
granting to the commissioners of pub
lie works free water and free lights.
At q meeting on Friday night
City Attorney F. II. Dominick sub
mitted an opinion which is given
herewith and from which it will be
seen it is held that the city council
has no right to grant any one free
water and lights, but could provide
for compsetsation in specified
amount to the commissioners of pub
lie works for their services as Off
cials Of the city. The law does not
provide compensation for the COM
missioners and according to the opin-
ion of the attorney such compemsa-
tom if granted should be for a speoi-
fed amount.
fled amount But that council has no
right to interefer with the action of
the commissioners as to the rate or
management of the plant.
The following is the opinion:
STATE OF SOUTH CAROLINA,
COUNTY OF NEWBERRY.
To the Mayor and Aldermen of the
Town of Newberry:
In response to am inquiry as to the
right of the Commissioners of Public
Works of the Town of Newberry to
furnish water and lights to themsel-
yes free of charge, l will say: the Act
Of 1896 and as amended in 1901 es-
tablishing the Board of Commission
ers of Public Works which is NOW
known ais Section 2010, Volume i,
Code of Laws of S. G.. is as follows:
"Said Bjard of Commissioners of
Public Works shall be vested with
authority to build or contract for
building said water works and said
electric light plant and to operate
same, and shall have full ccs,Arol and
management of Same. They may sup
ply and furnish water to the citi-
zcns Of sad cities and towns and also
electric. GAS or other light, and may
require ARID exact payment Of such
rates, tolls and charges rs thev NAV
establish for the use of water and
lights. They may sell and dispose
OF said bonds and apply the proceeds.
or so much thereof as may be neces-
sary, towards the purchase of or pay
ment for said plants: Provided, That
the said Board shall make full
statement to the City or Town Com-
Gil at the end of each month of their
receipts and disbursements of all
kinds during the preceding month.
They shall have mo power to incur
any indebtedness without the concur
renee Of such Council.' You will see
from this that the Commissioners are
empowered "to operate same and
shall have full control and manage
ment of same. They may supply and
furnish water to the citizens of said
Town and also electric, gas or other
light, and may require and exact pay
mcnt Of such rates, tolls and charges
as they may establish for the use of
water and liehts.' There is nothing
in the Act providing for any COM
pensation whatsoever for the Com
missioners and my opinion is that in
, furnishing water and lights to them
selves FREQ Of charge, if they do so,
is in the nature Of a compensation
and is not authorized by law. The
Eword "may' i'm the Statute I con-
3sSider to mean "must' and I know
of no legal reason or authority by
which the Commissioners and en-
1loyees are put on different footing
from the other sitizcns nf The town