Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1914-02-13
CHARTER AMENDMENT

Trade to ask the town council to adopt
a schedule Of licenses to be imposed
upon the various businesses Of the
town, with the understanding that the
proceeds from said license be used to
pay the towns half Of the expense nee
essary to concrete the Liberty street
sidewalks from Congress street to the
Southern depot, has provoked quite a
lot Of discussion and the sentiment Is
by no means all one way.
From such information as The En-
quirer has been able to gather, no one
disputes the desirability Of making
such improvement; but there Is very
considerable difference Of opinion over
the wisdom and justice Of the plan un-
der which it is proposed to raise the
necessary funds. Among other things
it is pointed out that while there seems
to be no question Of the power OF the
town council to impose and collect
license tax on businesses Of all kinds,
or to provide that such tax shall be
used for street improvement, If the
council should by ordinance specify
that all the proceeds Of such a tax be
spent upon any particular street, the
effect would be illegal discrimination
that could not be upheld in the courts.
Among those who are opposed to the
license tax are some who argue that
they have no objection to the proposed
improvement; but they think that the
necessary funds should be secured by
increasing the tax levy, and since the
tax levy is already up to the limit au-
thorized by the charter, ten mills on
the dollar, the charter might be amead-
ed so as to increase this levy. This,
they say, can be done under the Act OIL
1899, which reads as follows:
Be it enacted by the general assem-
bly, Of the state of South Carolina. That
on and after the approval OF this act,
the charter or articles Of incorporation
Of any city or town in this state,
whether such city or town was origin
ally incorporated by act OF the general
assembly or under the general law W
the secretary OF state, may be amend
ed in any particular, not inconsistent
with the constitution and laws OF the
state, in the following manner: A Pc
tition shall first be submitted to the
town or city council by majority or
the freeholders Of such town or city,
praying that an election be ordered, to
ascertain whether such amendment or
amendments ought to be made or not:
whereupon the said coucil shall order
an election, after not less than ten
days public advertisement. At such
election, each amendment shall be vot-
ed upon separately, and the tickets or
ballots shall be prescribed by the said
council in such way as to plainly eX-
press the will of the voter as to each
question submitted. At such election
the qualified electors Of the municipal
ity shall be allowed to vote on the
question or questions Of the proposed
amendment or amendments, at the
usual voting places, in box provided
for the purpose at each voting place.
If majority Of the votes cast be as
certained and declared to be in favor
of any or all of the proposed amend
ments then the said council shall pub
lish the result of said election, and de-
clare the adopted amendment or
amendments to be part Of the char
ter Of incorporation Of such city or
town, plainly showing the reading or
the parts involved as amended, and
shall forthwith file with the secretary
of state copy Of such declaration;
whereupon such adopted and declared
amendment or amendments shall stand
as a part OF the charter Of incorpora-
ton of such city or town.
That all acts and parts Of acts in
consistent with this act be, and are
hereby, repealed.
Approved the second day Of March,
n 1893