*1 Bray City 57 v. Council. Rep 1901. ]
BRAY v. CITY OF COUNCIL FLORENCE. 1. Cоurts—Legislature—Joint Resolution. —Neither Constitution — legislature change nor the the terms Courts have joint express of a resolution law- so as to the evident intent of the ; portion proposed maker but where one of a amendment to the Con-
stitution, people properly ratified, inoperative on voted is joint apply because the terms used resolution make it t'o wrong section,- portions such does not invalidate other amendmеnt. Repeal.-—Where 2. one Ibid.— section of a Constitution so amended repugnant section, original original as to make it to another thereby repealed.
section is Municipalities Registration municipal electors —Elections of.— 3. general municipal good special municipal for a election is for all general municipal elections between elections. Repeal.—An Act Ibid. —Constitution—Bonded Debts — 4. legislature limiting municipаlities the amount of bonded debts of operate the words of the does not so after such limita- tions Constitution are removed amendment.
Petition in the in- jurisdiction of this Court for original junction Charles D. against bonds, issuing municipal PI. against Wm. arid Brown Bray Malloy, mayor, J. J.
others, aldermen, council of the constituting Florence.
Mr. G. S. W. Petitioner Shipp, petitioner, cites: resident C., has status here: taxpayer, Proposed S. 59 534.
issue carries bonded debt constitutional limits: city beyond VIII., Con.; X., Con.; art. C., sec. 60 S.
No voters election as speсial to issuing before had, II., bonds was and that invalidates the Art. election: Con.; C., secs. The issue S. proposed also in violation limitation indebt- legislative municipal Stat., 88, 410, Con., VIII., edness: 22 453; 3; Lim., ed., 228, Con. Cooley Wells,
Mr. contra, Walter’H. cites: The constitutional C.
Opinion of the Court. cent, has debts municipal *2 C., 6x6; Stat., been as to Florence: S. city repealed 39 23 S., 100 U. Ind., 241; Ind., 106 Y., 415; N. 316; 554; 70 95 A.,R. R., Johns., Cow., 1 380; 99; W. L. 239; 94; 3 5 15 Statute, p. Ala., Md., 80 Potter-Dwarris 345; 379; 352; 33 A., Tex., 402; 12 R. C., Plow., 464; 21 L. 178; 382; S. 37 3 Ind., Y., 112 ed., 2 N. 564; 6 761; Ency., 930; 109 925 111., required 1 is not Idaho, Registration 69; 349; 214. 94 C., The Constitu- election: 61 special municipal S. 67. statutory amendment, tional removed being R. Mo., 16 444; 111., likewise L. 385; limitations go: 67 87 Ala., Md., 420; Neb., 216; Alа., A., 189; 285; 4 43 55 612. Col., 322; 55 contra, cites : construction As to
Mr. also Legare, Geo. S. A.,R. C., amendments: 361; L. Moore, M. H. also contra (oral argument). Mr. an applica- This was October Per Curiam. in the of its Court, jurisdiction, tion this exercise original -to Florence council of city for an to restrain injunction After from the bonds mentioned petition. issuing has reached the conclusion due Court consideration to issue bonds the said council has full power city question. therefore, ordered, injunction
It is, temporary dis- be be dissolved and the petition heretofore granted missed. be in an opinion for this will given
The reasons conclusion filed. hereafter The reasons for the above judgment
October 25, 1901. are stated a Gary. This is addressed to petition Mr. Justice Court, in the of its jurisdiction, exercise
Supreme original from and- enjoin respondents issuing delivering Rep.] The facts the petition therein mentioned. alleged are thus
and admitted in the rеturn the respondents briefly Chas. “The petitioner’s stated attorney: petitioner, of the city D. resident citizen and taxpayer Bray, Florence, thereof, is a quali the tax books as shown by therein. The Florence is a municipal fied elector under and the respondents the laws of corporation aldermen, are the qualified mayor constituting duly council. The assessed value of the taxable property tax $1,136,340, as shown books is bonded indebtedness of the present city $53,500, cent, less than five the assessed value of fraction *3 a taxable a filed by therein. property Upon petition duly for a special of the freeholders the majority of city, praying coupon election to determine whether the should issue city $40,000 pur bonds to the for the of purpose amount of in and for water works chasing, owning operating plant said the ordered an election council resolution city, city 4th, to be held on the 1901, submitting June electors of the the the city city following question1: ‘Shall $40,000, of in bear Florence issue the sum of coupon bonds cent, six interest from date at a rate not to exceed ing per annum, in the per tender of United payable legal money States, after the years date, redemp with forty privilege for date, tion after from to meet cost of twenty years plant Due water to be owned of Florence?’ city works notiсe for the time published required by of the election was law said election. No prior special registration holding election, of the voters was had for this but special regis tration of voters made election held on May for A 2d, used election of special 4th. June in of those at the election voted special voting bonds, said and result of the election favor of issuing- The council were was so declared council. city city tо issue said bonds and to deliver the same over prepared works who public city the board of commissioners election, at but restrained by elected said were special were
Opinion of the C.' Court. in $40,000 order of the Chief The issuance of Justice. bonds in addition to the indebtedness of present would make said city being bonded indebtedness $93,500, cent, over the taxable prop assessed value of as erty shown the tax books.” city The council оf the petition city alleges city Florence for the was without issue said bonds authority to reasons: following $40,000 Because the issuance
“(a) of said addition to bonded indebtedness present make of Flo- would the bonded indebtedness of the rence more than centum $93,500, being eight per in said city, assessed value of the taxable present property thereof, as thereby from the tax books same appears contravenes art. VIII. and sec.'7, of sec. of Constitution of and also proviso an act 9th, March Assembly, approved incor- entitled ‘An act elections to authorize special issuing or town of this for the porated city purpose acts bonds for corporate purposes,’ proviso March thereto, nth, amended February approved 2d, follows: the said to said acts provisos ‘Provided, of any That the bonded indebtedness aggregate *4 exceed, of the shall centum or town never eight per therein.’ assessed value of taxable property the voters Because there no was “(b) election, for before said in accordance said city provided II., 12, this but art. sec. of the Constitution of with for the of the voters the registration registered 2d, for the held on was used May municipal 1901, 4th, held election for bonds on June 1901.” the issuance will first consider whether question We in addition to the bonded indebt- $40,000 present indebt- make the said bonded edness of which would cent, than value of the more edness therein, art. would contravene property taxable VIII., X., sec. and art. sec. of the Constitution. 7, 5, Rep.] VIII., art. 7,
Sec. of the Constitution that “no provides or town in this shall State hereafter incur debt bonded any which including bonded existing indebtedness shall exceed centum eight per of the assessed value of the taxable prop- * * therein erty *.” art. the Constitution contains the : “The following provisions debt of county, township, district, school or municipal corporation political division or subdivision of this shall never State exceed centum eight per of the assessed value of all the tax- able therein. property And no county, township, municipal corporation or other political subdivision of this shall State hereafter be authorized to increase its bonded indebtedness if at the time of any proposed increase thereof the aggregate amount of its already bonded debt amounts existing to eight per centum the value all taxable therein property ascer- tained the valuation by taxation.”
In joint resolution following “A adopted: joint resolution proposing VIII., amend sec. relating municipal bonded indebtedness. 1. Be it
“Section enacted by Carolina, That South amendment to following sec. VIII., of art. of the Constitution be to: Add agreed at the end therеof the Provided, words : That following limitation imposed IV., section and this Constitution shall not apply bonded indebtedness incurred Columbia, cities of Hill, Rock Charleston Florence, where the proceeds of said bonds are applied for the solely establishment, purchase, maintenance in- or crease of water works or plant sewerage system; and city of when the Georgetown, proceeds of said bonds are applied for the solely establishment, purchase, maintenance or increase of water works plant or sewerage system, gas and electric light plants, where the entire revenue arising from the operation plants or systems shall be devoted *5 and the solely exclusively to maintenance ahd operation of same; the and where the question of such indebt- incurring edness is the submitted to freeholders and qualified voters of
Opinion the Court. of S. C. the as Constitution thе provided upon municipality bonded indebtedness. of other question A. D. “Approved February, of day 1900.” 19th S'tat., : In 616) act was 1901, passed (23 following VIII., of sec. “An act to art. amendment ratify 7, indebtedness. relating municipal resolution, did, “Whereas the General Assembly by joint electors to the qualified submit approved February 19, 1900, thereafter, election next an of at general VIII., of sec. of art. of the Constitution amendment to a clause pro- thereto Carolinа, adding by State South VIII., art. said sec. by viding imposed IV. in said IV., sec. art. of said Constitution (art. art. for inadvertently written joint resolution X., so as to art. IV., art. instead of hereinafter designated on), and voted conform the amendment as proposed incurred should to bonded indebtedness not apply Columbia, Hill, Charleston, Florence cities of Rock are applied proceeds when Georgetown, certain purposes: to vote
“And the electors quаlified majority whereas thereon at the Assembly, voting for of the General members the said joint next succeeding passage said amendment. resolution, did vote favor of of the Assembly 1. Be enacted General “Section Carolina, the amendment to That State South VIII., the last submitted election next at the general electors of thereafter, the electors quali- which a upon Assembly, voting fied to vote the members the General election, in favor thereon at the last voted past general thereof, made a and the same ratified and be, hereby, part Carolina; that the Constitution South so made a of the said Constitution said amendment part *”* * as follows: the 8th A. D. “Approved February, day 1901.” IV., refers to of the Constitution only *6 Bray City Council. v.
rep.] office of lieutenant not relate to bonded and does governor, it indebtedness. While is manifest that the resolution joint section, of did not intend to refer mentioned tо last nevertheless it is the Court to declare beyond of power X., was instead intention to insert sec. of art. said section. In ex rel. Gen. v. Atty. Hagood, 13 C., 46, “It said: cannot be claimed that the Court can restate the of an act make it to with some language agree possible intention, subject conclusion as to its affecting matter of the act. The the intent of an language declaring act is as much as the beyond our to which power subject relates, declaration and it would violate the principles law to a statute make it con- change to phraseology form to the assumed in other purpose lawgiver than as way warranted the rules of construction.” Mr. Limitations, his Cooley, Constitutional page 71, says: “That which the words declare is the of the instru- meaning ment, and neither courts nor have a add legislatures right IV., take or from the away As sec. meaning.” does not a limitation of a impоse upon municipal- debt, ity to contract bonded resolu- portion joint tion is and of no effect. inoperative
This, however, does not render null and void the other true, provisions joint resolution. It is the legislature, IV., the act declares that art. mentioned resolution, joint written for art. but inadvertently Court, had no than the legislature greater power of the resolution under change joint which the language amendment was submitted to the such election. рeople, after XVI., is as follows: “Section amendment or amendments to this Any Constitution may or House If proposed Representatives. Senate the same be two-thirds of members elected agreed house, amendment to each such or amendments shall be en- tered on the with the journals respectively, yeas and nays thereon, and the same shall be taken submitted to the quali- at the next fied electors of there-
Opinion of the Court. S. C. after and if a of the electors for representatives; vote for Assembly, members thereon, shall amendment or vote favor voting in. *7 the next amendments, and a each branch majority shall, after such an and before General Assembly another, yeas the same amendment or amendments by ratify and the same shall Constitution: part become nays, Provided, shall have That or amendments amendment times, in each house.” been three on three several dаys, read a After amendment submitted to the and people had been of its electors had favor voted 'had action adoption, only which take in to whether to to was determine power regard Consti- ratified in the manner provided by it should be not X., if it had tution. of art. must be construed as 5, in the been act of mentioned therefore, are, hand with sec. We confronted on one municipal- of art. that the bonded debt of X., providing 5, the assessed valuе shall never exceed centum of ity therein, on other of all the taxable property 2 sec. proviso hand with the amendment as to VIII., last bjr imposed indebtedness of section shall not to bonded mentioned apply Florence, bonds are where the proceeds adopted therein The amendment was applied required. as X., sec. are irrecon- of art. as subsequently they other, give to each of art. must cilably repugnant with the аmendment in so far as it inconsistent is place extent. it. It necessary repealed is implication Y., the Court People says: v. N. which Angle, 109 construction, must rule of be “It is a that statutes primary thereof, and as to effect to give every part so interpreted office construction any leave each some part perform; of a statute of effect and any part which deprives meaning, of another susceptible interpretatiоn, when it wholly from It is a familiar support any authority. without also construction, that if there be between rule of repugnancy REP.]
an amended statute or which cannot law original so construed as to leave them have a both to stand and each officeto legitimate enactment must be perform, original deemed to have been the later repealed by expression Anderson, will R. R. legislative Co. v. (Gilbert Elevated C., Rochester, Abb. N. v. Trustees 458; Harringtоn Wend., These rules 547). well to apply interpreta tion of Constitutions as statutes.” This case is cited Limitations, the note to Constitutional Cooley’s page 73; Law, also note page Enc.
We will next consider whether the council was with- bonds, out to issue the reason of the fact that there for, was no of the voters of said registration provided city, before said election—the of the voters *8 for the registered election held on general municipal 2d May, 1901, used for the election for held on June, II., the Secs. 4th 1901. Constitution, are as follows : in shall the municipal
“Sec. elections possess Electors and be qualifications subject to the herein disqualifications The prescribed. of a certificate of production registration from the a officers of the as an elector at registration county in included the in precinct incorporated or town which city vote, the voter desires to is declared a condition prerequisite to his a certificate of for obtaining registration municipal elections; and in addition he must have been a resident within limits at least incorporated four months before election, and have all taxes due and paid collectible for fiscal The year. shall preceding Assembly pro- vide of all for voters before each registration election in Provided, That herein municipalities: cоntained nothing shall election apply any municipal which be held may prior election of the year general In a special election in authorizing
“Sec. any incorpo- town in this rated or for the city State purpose bonding same, the General shall prescribe as a condi- tion said precedent holding election a petition from 5—62 C.S.
Opinion of the Court. town-,as shown the freeholders of said or city majority city electors оf such books, its and at such elections all tax 12 of under sec. are or town who for duly qualified voting taxes, State, article, county this have all who paid vote; shall allowed for the municipal, previous year, in election and the vote of the of those voting said bonds.” the issue of shall be to authorize necessary “An Stat., entitled an act The legislature passed (22 33,) in all this act for the electors to provide registration municipal, congressional to vote county, qualified March, elections,” approved and presidential Ninety days is as section of which follows: “Sec. 24. 24th incorporated election regular before holding of 1896, after the or city town one discreet thereof shall or intendan't mayor appoint such municipality is a elector of individual who qualified town, duty whose such or registration supervisor limits all electors within it shall be to register The names of all qualified town. оr incorporated in a entered book shall be electors of such municipality election, and at least one week before which registration, be filed election, shall after holding immediately town, or clerk recorder of in the office of the or of any the inspection record open and shall be a public all used for shall be at all times. citizen Such pre- until ninety days elections in municipality special *9 also The legislаture next election.” the regular ceding to authorize Stat., “An act entitled act 88,) an (22 passed in this or town city in incorporated elections any special pur- corporate bonds for of issuing the purpose for contains March, approved was which poses,” 9th * * * That it shall 1. “Section following provisions: the of any incorporated authorities the municipal the of duty be a majority the of petition upon of or town city its tax as shown by said or town city freeholders the or such town books, any special order for any corporate purpose of issuing purpose the v. Rep.] Provided, forth in
set said That the petition: aggregate indebtedness town shall never exceed any or per centum assessed value of the taxable prop- therein. erty After the the year election of such shall such persons be entitled to vote at any election as are special II., under sec. * * *”
Constitution of this When secs. State. II., are that construed it is evident together, it was not the intention to voters require of the registration each before election -in special The fore- municipalities. acts going show did not legislature construe Constitution as elec- requiring before a special held, could Constitution, tion and the construction of the acts, as shown would be entitled much considera- tion, if the question doubtful, as of thе members many legislature passed those acts were members also of the Constitutional Convention. ex rel. Guergiun McAllister, A. 28 R. (Texas), L. will lastly
We consider whether the issuance of the bonds null would be and void reason 1 of proviso act March, mentioned, hereinbefore 9th provisos in the thereof, acts amendatory approved March, nth February, 1897, and is as 1897, which follows: in- "Provided, That the aggregate bonded debtedness or town shall never exceed eight per centum of the assessed value of the taxable propertytherein.” It is contended the petitioner that the legislature, having limit of a right incur a municipality to bonded indebtedness to any amount not prohibited by imposed has a limitation that this indebted- shall ness not exceed centum of eight per the assessed value therein; taxable -that property although had the after the amendment the Con- power, ratified, to stitution was have im- removed acts, proviso not posed nevertheless has action, this limitation taken is still of force. It be observed that is in the proviso will exact words of *10 v. Board oe Control. Trustees C.
Syllabus. than that pro- fixes other limitation Constitution, no acts were passed. at the time said the Constitution vided the state of reference are acts construed with these When seen it their will passage, at the time of facts existing debts, incur bonded and towns to cities that they permitted did They mentioned Constitution. full extent to the and towns of cities the power the effect of limiting not have as effect- have been just And would such debts. to contract effect de- been omitted. They had ual if the provisos with then satisfied was Assembly clared that the General Constitution, and the provisos limitation imposed of caution of the abundance inserted out were probably Constitution, and with conflicting the acts from prevent must not that they the cities towns upon impress cоnstitutional beyond bonded debts to contract attempt ratified, the General If, after the amendment limits. upon a limitation desired to impose had debts, incur other- mentioned to therein of the cities a stat- it to enact therein was necessary wise than provided, that effect. ute to the petition, stating
An dismissing order in an afterwards be embodied therefor would reasons filed. has been already opinion, v. BOARD OF CON OF BURROUGHS SCHOOL TRUSTEES HORRY COUNTY. OF TROL Pleading injunc- petition for of.—A to a Demurrеr —Construction alleged appearing resting else on facts nowhere in this Court tion evidence, supported de- record, treated as a no will be petition sufficient to constitute not state facts murrer does cause of action. Injunction.—A Dispensary notice a board Locate — —Notice dispensary township to locate a which of intention control locality proposed particular therein at which not state does defective, property rights it, and citizens whose would locate