The Anderson intelligencer. [volume] (Anderson, S.C.) 1914-1917, 1914-12-04
Attorney. ]. x. Hood Discusses
Validity Of Franchise Matter
EDITOR THE, E,INTHLLIGENcER:

EEDITOR IIE-INTELLIGENCE
In view Of the recently published
A i,oRi1iOn OF Mr.. Sullivan that the wat
Ffer' and lighting contract mhde, by: the
city council last winter was aud is
void for the, reason that It was an at
tempt to create a bonded Indebtedness
without tho vote of the people and
was therefore in violation of certain
1 tproviBions OF tho constitution Of 1895,
1t seems to me necessary that make
this statement In order TO prevent
misunderstanding as to my position In
the matter inasmuch as he and were
the city's. attorneys when that con-
tract was made and he is now the
Rcity's attorney.
IF I then thought and still thing that
the city council had the legal right to
make the contract In question. Mr..
Sullivan's contention seems to be that
the only ground for questioning the
validity Of the contract rests on the
question as to whether the agreement
to pay the company for water and
lights from month to month as furn-
tshed during term Of years created
a bonded Indebtedness within the
meaning Of the constitution without
authority from the people 80 to do as
expressed in an election held for that
purpose.
! claim no infalIibility of opinion
Illegal or otherwise. In fact, Is my
errors and shortcomings that help to
keep me humble and sympathetic to-
ward my fellowmen. i3ut certainly
ought to know what Iir.lnicipal bond
lis. for every outstanding bond against
i!thss city OF Anderson was ISSUED dur
Ling the IL years that I was actual and
active city attorney, except the $4,000
Issue of city hall bonds, which were
Eissped while / was MAYOR.
The very fact that neither I nor Mr.
Sullivan nor any other member of the
bar nor citizen OF Anderson, it is fair
to- presume, for. one moment thought
that the making OF the contract for
water and lights was creating bond
1 ed Indebtedness within the meaning oi
the constitution in some evidence as
to how both lawyers and laymen con.
strued the meaning of "bonded indebt.
1 ednes5," for not only the l..wycrs bui
the laymen know that no bonded In.
debtednesB can be created except by 6
majority vote Of the electors of the
municipality cast at an election order.
ed by the city council as result Of &
petition from q majority of the free
holders asking for the, election.
One OF the fundamental rules o.
construction is to give to language the
ordinary and common meaning which
{ the. average man undo lands by It
The generally accept ] meaning o
municipal bonded Indebtedness is tha
!. the city issue and sell It's bonds TO,
4 the purpose OF raising O. fund will
q (which to perform SONS municipa
! work or Improvement The very fac
that the constitution requires that mu
4 inequalities shall, on issuing bonds
create q sinking fund for. the re
dsmptfon thereof at maturity" strong
u lys supports that view. TZe average
man, whether, G lawyer or a layman
would be sorely puzzled to see an,
necessity for creating a sinking funt
to- pay water and light rentals which
are due and payable monthly.
The necessary procedure for ISSUING
bonds 'is as follows, by way OF illustra
tion: a majority OF the freehoIderl
OF the city sign O written petition Il
III council asking that an election b,
held on the question or issuing tn,
& bonds OF the city to a certain amour
1i provslnerSts. as for instance. pawn,
astreets. the voters cast their ballot,
u saying yes or no on the question a,
Ito whether. In the first place, they ar,
EIn favor off the paving and, In the sec
4 Fond place. whether they arc willfn,
,Ifor the city council tn issue ana seI
81 enough bonds 10 raise tIle, amount o
money that is nIecessary. TO az TIM
4 itpayfIg. re the majority votes in .fsyo; va
III OF: issuing bonds Tor tiiat .purDose tf,,