Cottrell v. Town of Lenoir
Cottrell v. Town of Lenoir
Opinion of the Court
By act of the General Assembly of 1907 (Private Laws, cb. 83) tbe town of Lenoir was empowered to issue bonds, not exceeding $100,000, for municipal improvements. Twenty thousand dollars in amount have been issued, sold and the proceeds paid into tbe town treasury and applied to street paving. Tbe authorities of tbe town have undertaken to issue $80,000 more, to be applied to the establishment of a water and sewerage system.
It is contended by plaintiff that the entire issue is invalid:
*138 1. Because tbe registration books were kept open for twenty days preceding tbe election upon tbe bond issue instead of ten days.
2. Because tbe entire issue is in excess of ten per cent, of tbe tax value of tbe property, in violation of section 2917 of tbe Revisal.
As to tbe first contention, we are of opinion that tbe bond election was properly held, in accordance with the provisions of tbe defendant’s charter, which requires that tbe registration books shall be kept open for twenty days preceding the election. Tbe evident purpose of tbe act 'of 1907 is to require that tbe bond election shall be held in accordance with tbe town charter, with tbe additional requirement that ten days’ notice shall be given as to tbe whereabouts of tbe registrar for that time preceding tbe election. It seems that in this reasonable requirement tbe original charter is deficient.
As to tbe second contention, we are of opinion that tbe case of Wharton v. Greensboro, 146 N. C., 356, has no application. In that case tbe aldermen had general power to issue bonds, under section 100 of tbe charter of tbe city of Greensboro, when the provisions of tbe act were complied with. No amount .was named in tbe act apd no limit fixed. We held that in such case section 2977 of tbe Revisal was not repealed by implication, and that tbe General Assembly was supposed to have it in view when tbe amended charter was enacted.
In tbe case we are now considering there is express legislative authority to issue $100,000 in bonds, which has also been ratified and approved by a majority of tbe qualified voters of tbe town.
We are of tbe opinion that tbe issue of bonds is legal in all respects. Tbe judgment of tbe Superior Court is
Affirmed.
Reference
- Full Case Name
- J. L. Cottrell v. Town of Lenoir
- Status
- Published