The Anderson daily intelligencer. [volume] (Anderson, S.C.) 1914-1915, 1914-11-10
CONTRACT is
NOT BIED!NG UPON CITY
Continued From Page one.)

A~Nioicbb iOi neGhB, tII
to report TO you that In IN,
judgment the debt attempted to b,
created under this franchise contrac
was under those decisions "n the ma
ture OF Il bonded debt and ghoult
have been submitted to the voters ~
petition OF freeholders, as provided
by the constitution. Not having beer
30 Submitted the action OF the city
council in passing" the franchise
could not bind the city legr' =
" and did not.
The latest decision was written b,
Justice Hydrick and was agreed to b,
Chief Justice Gary and Justice Woods
and was decided February 7th. 1912
II Is reported in 80 s. c.. 352, and IN
part is as follows. except italics:
February Z, 1912. The opinion
OF the court was delivered by
"Mr. Justice Hydrick. The pc
titioner. who is citizen and tax
payer OF the town of Fountain
Inn. seeks to enjoin the town
council Of said town from making
contract with the Enoree Pow
er company to light the streets
and public buildings OF said town
for veriod of ten years.
ut may be conceded that the
proposed contract is of the nature
of q banded debt (Dunccn ".
Charleston, 60 S. c. 532, 80 g. E.
265) which can not be created
without the sanction of majori-
ty of the qualified electors Q: the
town. Constitution. art VIII, sec.
Z.
Moreover. as the making OF the
contract Is the creation of bond
debt. section 1921 of the Code
(vol. l. Code 1902 also seems to
us to be applicable and to confer
the necessary authority. That
section. as amended by the act of
1908 (2b Stat. 1038). makes il the
duty OF the authorities Of any city
or town, upon the petition of a
majority OF the freeholders. there
OF, to order special election for
the purpose OF issuing bonds FOR
various purposes enumerated,
concluding with the words 'or any
corporate purpose set forth in
said petition.> 1t can not be de-
MED that the contract in question
Is for corporate purpose which
was set forth in the petition.
"Messrs. Chief Justice Gary and
Justice Woods took part in this ,
hearing and concur"
The case OF Duncan vs. Charleston
30 S. C., 522. referred 20 above and
approved on this point by Justice Hy-
Trick was decided June goth, 1901.
It involved the validity Of Charles
on, 8, C. franchise-contract for so
iears. The citv council nf fka-i...c:.
attempted to make 1t binding on the
,lty Of Charleston without an elec-
len, etc. BY its terms Charleston
1as to pay fixed annual snm so
'ears for tyiTant rentals, etc. Tie
supreme court said thi awas an at
s::apt to Greats O. bonded debt" Which
vas beyond thu power Of the city
council. This decision Is In part as
ollows:
the respondents that the power to
create this debt and incur this liza
bility beyond The municipal In
come Of, the current year Is ex-
pressly given to the city Of Char
lesion by the act of 1899 (eec. 23
vol. Of Stat. at Large. pages 81
and 52). The respondents over
look the fact that even II this con-
tract did not actually add to the
Sonded Indebtedness OF the city OF
Charleston, that the provision of
sec. z. OF art. VIII, or our State
constitution. would present an ina
superable barrier to the attempt
by the general assembly of this
State to clothe the city council Of
Charleston with any such power
TO Dledge or dispose OF the muni-
cipal income for an indefinite
term ns yyeessrss. years for Z. &c there pro-
yided That This section
shall not be construed % prevent
the issuing of certificates OF In
debtedness In anticipation of the
collection OF taxes for the year
when such certificates are issued
and payable out OF such taxes
3Tnig provision was evidently In
aeTted In this section In order to
enable city council 10 make
some definite provision for cur
rent Indebtedness which Il was
intended should be paid from tax
es when collected, but In antici-
psssos. 81 the collection OF said
taxes. Such a scheme would ter
inmate with the year In which the
taxes would be collected. II was
not intended. nor did II do go, TO
ciothe the city council with pow
er by one contract TO pledge $42,-
600 OF each years. taxes for the
period Of so years next ensuing.
Tho terms or the section are ex- 3
haustiye OF the power. The gem
efal assembly could not add to II,
for the expression OF the consti- I
tuition whereby q municipal cor.
poration Is. allowed to Issue GER
tificates OF Indebtedness In adj (
( vance OF the feceint OF the taxes
=