Verner v. Muller
Verner v. Muller
Opinion of the Court
The opinion of the Court was delivered by
The petitioners as taxpayers seek to enjoin the board of county commissioners of Richland county from issuing certain coupon bonds of Columbia township, in Richland county, about to be issued under alleged authority of the act of February 20. 1908, 25 Stat. 1431.
The title of the act is: “An act to provide for free bridges across the Congaree and Broad rivers in this State, between Columbia township, in Richland county, and the county of Lexington, the acquisition thereof by said Columbia township, and the issue of bonds, if approved by the electors of Columbia township, for the purpose of such acquisition.” Section 7 of the act provides: “That authority is hereby given to build, or purchase, and to maintain said bridges,” etc. The point made is that the title authorizes only the purchase or acquisition’ of bridges now standing, while the body of the act permits the construction of new bridges as well as the purchase of those now standing.
The mandate of the Constitution is complied with if the title states the general subject of legislation, and the pro *119 visions in the body of the act are germane thereto as means to accomplish the objects expressed in the title. Conner v. Railroad, 23 S. C. 327; State v. O’Day, 74 S. C. 448, 54 S. E. 607. The .provision in the body of the statute is not only germane to the subject expressed in the title, but is clearly within the meaning of the words of the title. “Acquisition” is the act of getting or obtaining something, which may be already in existence, or may be brought into existence through the means employed to acquire it. A bridge may be acquired by construction as well as by purchase. Moreover, the object was to provide free bridges. This contention cannot be sustained.
We think this confers ample power for the assessment, levy and collection of the necessary tax; but if it did not, that would not constitute ground for enjoining the issuance of the bonds. Welch v. Getzen, 85 S. C. 163, 67 S. E. 294.
We would not undertake to determine in this proceeding whether street or railway cars may be absolutely excluded from the use of said bridges, or may be used upon the same upon the payment of reasonable toll. Such a question is *122 premature. The county commissioners as yet have not acquired any control over said bridges, and there can be no injury threatened in the premises warranting injunction. Our opinion on the subject would not be authoritative, in the absence of a real issue between proper parties. The matter in no way affects the right to issue the bonds in question.
Injunction is denied and the petition is dismissed.
Reference
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- Verner v. Muller.
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- Syllabus
- 1. Constitutional Law. — The act providing for free bridges between Richland and Lexington counties, 25 Stat., 1431, is not obnoxious to article III, section 17, of the Constitution, in that the title refers to the. acquisition of bridges and the body authorizes the buying or building of bridges. 2. Election- — Managers.—Under a statute providing for appointment of managers of a special election by the board of county commissioners, an appointment by the chairman, in the absence of evidence showing that the board did not approve or that there was not sufficient regular appointees to hold the election, no fraud or unfairness being alleged, is upheld. 3. Ibid. — A polling place opened in the country about a quarter of a mile from- the point indicated in the statute as “at or near” the place of such precinct is near the point indicated. A mere irregularity not affecting the result will not vitiate an election. 4. Ibid. — Under a statute authorizing the county board of commissioners to order a special election, appoint managers, canvass the return and declare the result, it is not proper to file a certificate with the secretary of state or the governor or to have the -board of county canvassers canvass the returns. 5. Bonds — Tax—Sinking Fund. — That no tax has been levied to pay interest and to provide a sinking fund as provided in the act authorizing the issue of bonds is no ground for enjoining the issue. In this case the act confers such powers on the fiscal officers. 6. Bridges. — Whether the county commissioners could permit the use-of the bridges to be established by Columbia township between Richland and Lexington counties by street or railway cars for compensation is not considered, because it does not affect the validity of the bonds issued to acquire the bridges, the proper parties are not before the Court and the bridges are not yet acquired.