The Anderson daily intelligencer. [volume] (Anderson, S.C.) 1914-1915, 1914-11-10
CITY ATTORNEY PRESENTS
REPORT TO SPECIAL sEs-
SION OF COUNCIL
PAYMENTS BY
CITY STOPPED
White Way Contract Envslid and
Resolution Passed TO Make No
Further Payments.

Fl r - .
A special meeting OF the city cotin-
Gil was held last night to hear the
report of City Attorney q. Cullen Sui
livan. who was instructed to prepare
and present q report rs TO whether
or not the franchise-consraet between
the city; OF Anderson and the Southern
Public Utilitiea company for 40 years,
etc., iB q valid contract. and there
fore, binding upon tho city. His re-
port was to the, effect that the fran-
chise was, not valid; and therefore, not
o binding contract upon the city. This
report went further and declared
that the contract between the city
and the same company for the con-
struction and operation OF a white
way was also invalid. The chief cori-
tantion OF the city attorney % that
theaes contracts arc IN tho nature OF q
.e,>,-,,75;i IIIlIuurUunesB anu VIII nave, to
BIO asked for by o petition OF d ma
FORTY or the freeholds and adopted
by esmaioritY OF the qualified electors
In an elees Ia.k cree seeas tsgss Z; -
pose. 3 g 5.
As d consequences Of tfiis opinion
by Attorney Sullivan, council 6t itB
special session last night. rhsBea Il
resolution agreeing that no faESflcr
payment under the contracts mention
ed above, be made BY the city. ss
Attorney Sullivan and Mayer Godfrey
In handing The Intellieehear the
opinion last night, wished 1t sisted
that this decision or coitheii was IN.
animonsly adopted, every member OF
council being present and voting. Mr..
Sullivan also stated that ia9 had pre-
sented HIS inGepende,t report aud the
list OF authorities TO Judge Eirness
Cochrane, and that this attorney sitter
| carefully considering them, gully
agreed with him upon his iihdings.
The report in full follows.
TO THE CITY COUNCIL:
On tine Gay OF Septeliiber, 1914.
the city council instructed me 60 In
! yestigate and report TO council wilath-
er or not IN my opinion what pur-
ports to be franchise-contfact be-
| tween the Southern Public Utilities
company and the city OF Anderson for.
40 years, etc, Is valid and 10 Legally
binding obligation or the city. 81 s5
! at once began my Investigation ii,
obedience to councii,R Instruction.
Realizing that In matterIso vital 10
the city and the company nIs opinion
should not be given hastily / have
| made q careful examination cf the
law OF the State and elsewhere nppii.
cable TO the main issues involved.
On account OF unaycidabie, inter-
ruptionss Including an ilinshb of sew
eral weeks, ! have beer .ss.sasia 10
reach a hnal conclusion until now.
MY report and opinjon IS ss fol-
lows:
What VII. designate as the ffan.
chise-contfact, consisting % two M
strunents IN writing, each dated the
10th day OF February. l9t9l fSsirport-
ing among other things 20 grant the.
Southern Public Utilities c6npany d
franchise TO use the streets, etc, ana;
sell water and electricity 10 t1e city
and It's inhabitants for 80 years, etc.
and purporting 20 bind the city,
among other things. 20 pay TO the
company determinnbia annual sum,
for water and lights for i've years or
30 years. etc, Is invalid and not g.
binding obligation OF the eit K
One of my principal REASONS for
this conclusion Is that the city conn4
ell thereby. under the 6Csisionl OF this
State. attempted to create q bonded
debt which Cannot be create tholG
the sanction OF q ma ajority of the duaii-
fed electors. OF the city ~ en eiec-
ion duly and regularly ordered and;
held upon the petition or q majority
of the freeholders OF the city end oe
course no such petition was nteasns-
ed and no such election N6id.
Since the adoption of the o1nskflu2
tion OF 1895 D bonded debt K0r tlia
ptrposes in question can Eak Sc create
ed by city without this retikiHh OF
freehoiders and majority v6te 0f the
qualified vcterR Any well Easkess
lawyer Will a6mit this. The main
difference of opinion viii bs III 10
whether or not the debt az tempted ID
DO created BY the franchisS 4 zHeit tract
is Sin the nature 81 4 saend dzA Deb ~,