The Anderson daily intelligencer. [volume] (Anderson, S.C.) 1914-1915, 1914-12-04
EDITOR THE INTELLIGlaNcER:

ler and lighting contract made by the
| city council last winter was and is
void for the reason that 1t was an at
tempt to create o bonded Indebtedness
without the vote Of the people and
was therefore in violation of certain
provisions of the constitution of 1895,
1t seems to me necessary that make
this statement in orde- to prevent
misunderstanding as to my position In
the matter inasmuch as he and 1 were
the city's attorneys when that con-
tract was made and nc is now the
city's attorney.
then thought and still thing that
the city cor1cil 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
lights from month to month as furn-
ished during a term OF years created
q bonded Indebtedness within the
meaning OF the constitution without
| authority from the people SO to do as
expressed in an election held for that
purpose.
claim no infallibility of opinion,
legal or otherwise. In fact, it Is my
errors and shortcomings that help to
keep me humble and sympathetic to-
ward my fellowmen. But 1 certainly
ought to know what q municipal bond
Is, for every outstanding bond against
the city Of Anderson was issued dur
ing the IL gars that I was actual and
active city attorney, except the $4,000
!!Ss;.o 0s oiit1y hail fvIIis, which were
issued while 1 was MAYOR.
The very fact that neither 1 nor Mr..
Sullivan nor any other member of the
bar nor citizen Of Anderson, 1t is fair
to presume, for one moment thought
that the making of the contract for
water and lights was creating bond
ed Indebtedness within the meaning of
the constitution in some evidence as
TO how both lawyers and laymen con-
strued the meaning OF bonded indebt-
edness." for not only the lawyers but
the laymen know that no bonded in
debtedness can be created except by a
majority vote Gf the electors OF the
municipality cast at an. election order
ed by the city council as result of a
petition from q majority Of the free
holders asking fer the election.
One of the fundamental rules of
construction is to give to language the
ordinary and common meaning which
the average man understands by It..
The generally accepted meaning of
municipal bonIed Indebtedness Is that
the city issue and sell its bonds for
the purpose OF raising q fund with
which to perform some municipal
work or Improvement. The very fact
that the constitution requires that mui-
inequalities shall, on issuing bonds,
create a sinking fund for the re-
demption thereof at maturity 81 strong
iy supports that view. Tie average
man. whether Q lawyer or a layman,
would be sorely puzzled to see any
necessity for creating. 4 sinking ssna
to pay water and iignI renrals which
are due and payable monthly. 8
The necessary procedure for issuing
bonds Is as follows, by way of illustra-
ton: A majority of the freeholders
OF the city sign written petition to
council asking that an election be
held on the question OF issuing the
bonus u the city to a Certain amount
for the purpose OF making certain i'm
provements, as for instance. paving
streets. The voters cast their ballots
saying yes or no on the question as
to whether. in the first place, they are
in favor OF the paving, and. in the sec
ono place, whether they are willing
for the city council to issue and sell
enough bonds to raise the amount of
money that Is necessary to do that
paving, II the majority votes In favor
OF issuing bonds for that purpose che
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