39 S.C. 394 | S.C. | 1893
The opinion of the court was delivered by
This is a petition, addressed to this court in the exercise of its original jurisdiction, praying that this court will issue its writ of prohibition restraining and prohibiting the town council of Yorkville from issuing its bonds, upon certain grounds set forth in the petition.
In the outset, we are confronted with a question of jurisdiction, and, under the view which we take of that question, it becomes not only unnecessary, but improper, for us to consider or determine any question involving the merits. If this court, in the exercise of its original jurisdiction, has no authority to issue a writ of prohibition in a case like this-, then, clearly, it would be a usurpation of power on the part of this court to undertake to do so; and this the court, one of whose functions it is to keep all subordinate tribunals within the limits of the jurisdiction assigned to them by the Constitution and laws, would be very far from willing to undertake.
It seems to us clear, therefore, that, under any view of the case, this court has no jurisdiction to issue the writ of prohibition prayed for; and for that reason only, without considering or intimating any opinion as to the merits, the petition must be dismissed.