The Anderson intelligencer. [volume] (Anderson, S.C.) 1914-1917, 1914-12-04

Qertake munlctpeI. ownership and
control OF the water and; lighting syR-
TENS. or whether the city council
should make the best contract possi-
bic with some responsible person to
furnish water and lights to the city
and it's inhabitants on the most satis-
factory basis that could be negotiated.
Suppose that question had been SUBJ
mitted to the voters and majority
had voted in favor Of municipal own
ership. which would have required
the city to issue bonds to carry that
into effect. It Is possible to conceive
that a majority of the people might
thereupon refuse to vote the neces-
sary bonds. Granted that such is not
likely to be the case, still 1t can not be
denied that such Is possibility and
that an absurd result would follow.
Our constitution is not likely to re-
quire. that which may lead to an abb
surdity.
On the other hand. suppose ma
dority. OF the people had voted In favor
OF, the city. making the best contract
possible with some private concern to
furnish water and lights. What kind
Of predicament would that have
placed the city council In? If Mr..
Taylor ehould have been asked to
submit e proposition under such cir
cumstanCes he might have replied
then and that when the city council
had tried all other possible contrac-
tors that they might call around to
see him again II they had not obtained
what they desired. When that time
came. as it certainly would have
come. then he could have submitted
his proposition On terms of his own
choosing and then told the city coun-
Gil that the people had already voted
against municipal ownership and that
they must accept tho contract offered
by him or look elsewhere. Such a pre-:
dican1eut would have deprived the Cit.
council OF the strongest leverage that
It Had to force the most favorable
terms possible, for without the threat
OF municipal ownership and control,
which was constantly used by the city
council In the contract made, the city
would have been under the necessity
Of making that contract without the
least competition or pressure in its
behalf.
AS tested by common sense, which
is a very necessary and important
factor In the successful practice OF
law as OF every other business, It does
not seem to me that the making of
this, contract was the creating OF q
bonded Indebtedness within the mean
ing OF the constitution. The men
that made that; constitution were men
like John q. Breazeale. George g e,
Prince, =. Fl. Rcsscll; =. RI. Sullivan,
3. Ferry Glenn and L. D. Harris, wiiu
were members from Anderson Coun::
ty, and do not believe that they In
tended to say that the making of. a
contract for the furnishing OF water
and lights was r creation of q, bonded
debt" that required q vote of the peo-
Pile to ratify. They doubtless meant
Just what the average man under
stands to be meant by bonded debt
namely a. debt created by the snIe OF
bonds, from the proceeds of the sale
or which some corporate purpose Is
accomplished.
But Mr.. Sullivan thinks that the SUI
preme court has already decided that
the making OF such a contract where
by the city merely obligates itself to
pay monthly rental for water and
lights fox a. term Of year. is the crea-
tiOn OF such q bonded debt as requir-
ed a vote. Of the people to make the
contract valid, and refers to- the Char
lesion case and the Fountain Inn case
authority for HIS conclusion. I do moi
reaGh the game conclusion from those
cases that he does. In fact II think
THAT the latter OF. those cases pointeliy
Indicates that the court does not deem
fs1ch a contract as creating bonded
[inde ebtedneas In the constitutional
lmeanflg As II ~ .ss5Ss = y
81 The Charleston .case was merely an
attempt bnSs the. part OF the city qi
CharleBton to. ayoiJ the cOasti ituti 6nal
linn ttAt!on ca 20 i:debt edHeSs by Rayi::
| ing organized q water, company which
was ostensibIy to, Issue a million and
| q half liars worth of bonds for The
purpose OF Installing proper water
System and letting the; city or Charles.
ton iH effect guarantee the payment
thereof by binding itself 10 nay the
equivalent Of nearly $50. per h5drant
per- year: for SO years, the tenn fol
which the water boftis were TO run
unless the city I'm the ne time should
be- ablc to take over tho bpfant. THE
| lsupr6me court very spf foperIy held thu
that was an attempt stof increase fti
boSded fideb edness which alreadJ
far exceeded the cpnsti Tuition linaita
| tion and that the propossd cont del
was th6re efpTe void While J4s.
| tice Pope; who fende cd the 5erfsfbI
lin that case. tired lang nglage tiiat Sd;
| dictated tina atasf he beloved the Ina, .inf
Ipf d cont for ssi water and II Iighft
would mount TO ,a crAat ion OF a bond,
ed debt within tho Ifing OF tiit
tsconstit tuition 81 the; ! other three jnstfce;
tconcurred soEly I'd ereaUtt q OF siiti
| i3deciston whieh saeanE that they re
fused to cotninIt thenisA AlTos I'd an,