The French Broad hustler. [volume] (Hendersonville, N.C.) 1896-1912, 1908-07-09
Supreme Court Decision
Continued from first page

town had no right to issue bonds
for the purpose of laying side
walks, but that if it have such
right, yet under sections / and 6
of chapter 81 of the Private
Laws of 1901, the said town could
not issue said bonds, unless the
said town was authorized to do
so by a majority of the qualified
voters thereof, at an election duly
and legally called for that pur-
pose, and that no election has
been held for this purpose. Z
8. That the defendants in
good faith, in pursuance of the
advice so given them by their
attorneys, have declined to COM
plete said contract, and to take
up said bonds, claiming that said
town has no right to issue said
bonds.
Upon the foregoing statement of
facts the Court is requested to
decide: 1st, whether said town
has the right and authority
to issue said bonds; I'd, whether
it has the right to issue said
bonds in the absence of an cleo
ton.
If the Court shall hold that
the city has the right to issue
said bonds, then the defendants
agree to carry out said contract,
otherwise they shall not do So"
And it was further agreed that
no election had been held on the
proposition to issue the bonds in
question. Upon these facts
the Court below, being.of opinion
that the bonds would constitute a
valid Indebtedness of the town,
without any election of the voters
thereof, adjudged that on the
bonds being duly rendered by
plaintiff, that defendants should
accept and pay for same, and de-
PENDENT excepted and appealed.
E. w. EwBANK and BUsBEE
& BUsBEE for plf.
CHAS. A. WEBB and injury AL
LEN for def.
Hoke, j:
The decisions of this State
sanction the position that the
costs of maintaining the streets
to the extent and in the manner
required for the we'll ordering and
good government of a Town., is a
necessary expense, and an in
debtedness incurred for such a
purpose does not come under the
prohibition of Sec. z, Article VII
of the Constitution which forbids
a municipality to contracts debt,
pledge it's faith, or loan its credit,
ETC. except for the necessary ex-
pense thereof, without a vote of
the people. Fancett V. Mt. Airy
1874 N. c., 125. And when the
power to incur a debt for a
necessary expense exists, there
would seem to be no good reason
or principle Of law to prevent the
governing authorities of a town
from making provision for the
present or ultimate payment of
such a debt, by issuing bonds for
the purpose, if good business
prudence and existing conditions
are such as to render this course
desirable and proper. Jones v.
Commissioners of Madison Coun-
ty, 1877 N. c., PIP. 579-599, John
ston, V. Commissioners, 81 NC,
1O3.
AS said by Pearson, j., deliver
ing the opinion in the case last
cited: When the defendants,
the Board of Commissioners,
succeeded to the office and duties
of the Justice of the Peace in this
regard, and found a very large
amount of interest in arrear, was
it the duty of the Board of Com
missioners to levy and collect a
tax in one year, sufficient to pay
off the accumulated interest for
fifteen years? Or did they have
a discretion to endeavor to break
the force of this burden upon the
taxpayers of the county, by is
suing county hounds tn raiSn q