The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1918-03-01
POWERS OF THE
COMMISSIONERS.

We promised in our last issue to
eive to our readers the law relating
b the powers of the Commissioners
Of Public Works, which officers are
10 be elected in the coming general
election in this city. It will be rem.
emhered that the general law on the
subject provides for three commits
sioners,, whose terms of Office are
Ix years, except that at the first
election under the law, when bonds
zEe voted, one shall be elected for
txu, years, another for four, and
smother for six years. We will call
the' attention of our readers to a
sxious' difficulty in the application
If the law to our, case in another
nsue. We are now interested in
the powers conferred by the law on
tkase, officers.
In reading the section from which
We quote below it will be recalled
dat it has been stated by some per-
sons that the Board of Commission
ers act under the authority of the
city council, obtain their appropri-
7ipnx from the city council, and do
not, therefore, act independently.
This we declared in our last issue
b be an incorrect Interpretation of
the law. The reading of the section
EeI1w will prove this, we think.
Section 3Q17 of the Civil Code of
IaIE now of force, reads as fol-
lows:
The Law as it is Writ.
Sec. 3017. Powers Of Com
uissioners of Public Works
Rsports. Concurrence Of Coun-
ea.-Said Board of Commis-
sioners of Public Works shall
he vested with authority to
:. huiA or contract for building
said water works and said elec-
T.. trir light plant and to operate
same, and shall have full con-
troll and management of same.
They may supply and furnish
= vafar to the citizens of said
cities and towns and also elec-
trie, gas or other light, and may
= REQUIRE and exact payment OF :
such rates, tolls and charges as
bhey may establish for the use OF
water and lights. They may sell
md. dispose of said bonds and
apaly the proceeds, or so much
thereof as may be necessary, to-
wards the purchase of or pay
ment for said plants: Provid-
ed, That the said Board shall
make a full statement to the
City or Town. Council at the
end of each month of their re-
ceipts and disbursements of all
Kinds during: the preceding
month. They shall have no
power to incur any indebted
nasH without the concurrence
of such Council.
Absolute and Arbitrary Power.
We contend that, subject to the
IImitation that this Board of Com
nissioners cannot "incur any indebt-
edness" without the concurrence of
the city council, these commission
ers are no more subject to the con-
troll of the city council than the di-
rectors of the Seaboard Air Line
Railway or the directors of the Alb
beyille Cotton Mills. Of course 1t
VIII be admitted that the limitation
referred to is an important one
But in its practical application il
amounts to little. Abbeville is now
where we must have water and
lights. We suppose that everybody
viii admit that proposition. Now We
will say that the Board Of Commits
sioners says to the city council, ave
want to spend five thousand dollar
for a steam plant to run the lights
md must borrow the money to bu!
Il" The council says, "No, we d.
not concur, buy your power from
-. +