117 S.E. 388 | N.C. | 1923
Civil action to set aside and annul an election held in said county of Gaston by order of defendants under Public-Local Laws of Extra Session 1920, ch. 112, on the question of the erection of a tuberculosis hospital in and for the county of Gaston, and to restrain any and all further proceedings under and pursuant to said election, especially the issuance as contemplated and proposed of county bonds in the sum of $150,000, and a tax of eight cents on the $100 valuation of property for maintenance of same.
For the purpose of this hearing, the demurrer admits, among other pertinent facts alleged in the complaint:
1. That in holding said election the defendants proceeded entirely under said Public-Local Laws of Extra Session 1920, ch. 112.
2. That at said election the measure was approved by a majority of the qualified voters, as indicated by the new registration required by the statute.
3. That as a result the defendants are about to issue and sell $150,000 of county bonds and levy a tax to pay the interest thereon and principal at maturity.
4. To levy a tax not to exceed eight cents on the $100 value for maintenance of said hospital.
5. That outside of the revenue to be raised by the tax complained of, all the revenue the defendant board can raise by taxation under the constitutional limits is required to pay the necessary expenses (407) of the county.
6. That in conducting said election there was one box and only two ballots reading as follows:
(1) For bonds for tuberculosis hospital, and for levy of tax for support of same.
(2) Against bonds for tuberculosis hospital, and for levy of tax for support of same.
There was judgment overruling the demurrer, and defendants excepted and appealed. *429
Our Constitution, Art. II, sec. 29, prohibits the enactment of any local, private, or special statute concerning various specified subjects, including, among others, laws appertaining to "health, sanitation, or the abatement of nuisances," and declares that any local, private, or special act or resolution in violation of this provision shall be void. The statute under which the election was held in this case, Public-Local Laws of Extra Session of 1920, ch. 112, is, in our opinion, both local and special, coming directly within the constitutional inhibition, and in construing an act and proceedings subject to like limitations, we have held that the statute itself is void and the election and proposed bond issue under and dependent upon it should be annulled.Robinson v. Comrs.,
And again it is held that where there is a general intent expressed in the statute, and a particular intent incompatible with the former, the particular intent is to be considered in the nature of an exception.Comrs. v. Alderman,
There is no error, and the judgment overruling the demurrer is
Affirmed.
Cited: S. v. Kelly,