The Anderson daily intelligencer. [volume] (Anderson, S.C.) 1914-1915, 1914-12-04
Attorney ]. K. ~ Hood o. Discusses
Validity Of Franchise Matter

| uSAI IahO municipal OWneESn1p ana
control of the water and lighting sys-
TENS, or whether the city council
should make the best contract possi-
BILE with some responsible person to-
| furnish water and lights to the city
and its inhabitants on the most salts
factory basis that could be negotiated.
Suppose that question had been sub
mitted to the voters and q majority
had voted in favor of municipal own
| ership, which would have required
| the city 70 issue bonds to carry that
into effect. It Is possible to conceive
that majority of the people might
thereupon refuse to vote the neces-
| sary bonds. Granted that such is not
likely TO be the case. SILL It can not be
denied that such Is a possibility and
that an absurd result would follow.
Our constitution is not likely to re-
| quire that which may lead to an alb
surdity.
On the other hand, suppose q ma
jority OF the people had voted in favor
or the city making the best contract
possible with some private concern to
| furnish water and lights. What kind
of a predicament would that have
| placed the city council In? II Mr..
Taylor should have been asked to
submit proposition under such cir
cLmstances he might have replied
that he was not In the market Just
then and that when the city council
had Tried all other possible contrac-
tors that they might call around to
see him again if fthey had not obtained
what they desired. When that time
came, as it certainly would have
come. then he could have submitted
his propositions 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 the contract offered
by him or look elsewhere Such a pre-
dicament would have deprived the city
| council OF the strongest leverage that
1t 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
or making that contract without the
least competition or pressure in it's
behalf.
AS tested by common sense, which
is q 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 tho mean
ing of the constitution. The men
that made that constitution were men
like John %. Breazeale. George r.
Prince, ID. III. Russell, J. NJ. Sullivan,
J. Perry Glenn and l.. D. Harris. who
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 q creation OF O "bonded
debt" that required o vSte OF the peo-
pie to ratify. They dorbtIess ..aosss
just what the average man undes.-
stands to be meant by bonded debt.
namely debt created by the sale OF
bonde, from the proceeds of the sale
OF which some corporate purpose is
accomplished.
But Mr.. Sullivan thinks that the. SUI
preme court has already decided that
! the 1na, ing CO such a contract where
by the city merely obligates itself to
pay a monthly rental for water and
lights for a term OF year Is the crea-
tion of such bonded debt as requfr-
eontraci WILD and rafa,s -, az H,s.
ssstct, casa .,,,;lath. Is... - t1e
-. i.;1 ny lhs case
raa 81, f,,. -. ,,,,.. : s,,asrusa nos
M sss chs, 49,. gs' r,. t.oi tns1 .,ioss
that an; - a. -. ~ tac. : snimh ,,i
- ~ lnose c,.ses pointediy
.not oansns .uas ssie - coull aoes NOT aeem
swdahsad,,ana. uSn : =, 90 .s. Sreal.ns Dondea
n,ea ,';no 'ne constitutional
Tha ~, 2, 49,, as. L
@ r, az, ,s s,s osse sas Iie.ely an
G,,e = -. q pars ot lne Ely ot
s.i Shai iiestoh 70 AFolQ tue constituItonnf