Fowler v. Town Council of Fountain Inn
Fowler v. Town Council of Fountain Inn
Opinion of the Court
The opinion of the Court was delivered by
The petitioner, who is a citizen and taxpayer of the town of Fountain Inn, seeks to enjoin the town council of said town from making a contract with the Enoree Power Company to light the streets and public places and public buildings of said town for a period of ten years.
It may be conceded that the proposed contract is of the nature of a bond debt (Duncan v. Charleston, 60 S. C. 532, *353 39 S. E. 265), which cannot be created without the. sanction of a majority of the qualified electors- of the town. Constitution, art. VIII, sec. 7.
It appears from the record-that, on September 1, 1911, a special election was held in said town, in which the question of making said contract was submitted to the qualified electors thereof, and the majority-of them voted in favor of making the contract.
Section 1999 of the Code (vol. I, Code 1902) confeís. upon the councils of all cities and towns in the State “power and authority to make, ordain-and establish all'such rules, by-laws, regulations -and ordinances -respecting the roads,streets, market, police, health and order of'said cities and towns, or respecting any subject as'shall 'appear. to .them necessary .and proper for- the security, welfare and convenience of such cities and towns, or'for preserving health peace, order and good government within- the -sáme.” Certainly, the. language quoted, is broad enough to include the power to take every step necessary and proper to make pro-, vision for the lighting of thé streets,' public places and pub- ■■ lie buildings of the' town;.-and, therefore, upon the filing of a petition signed by a majority of'the freeholders of the town, as required by the Constitution and statutes, the town. council had authority to order the election.-
Moreover, as the making of the contract is the creation-of a bond debt, section' 2021 of .the Code (vol. I, Code 1902) also seems to us to bé applicable and to confer the necessary authority.' That section, as amended by the act of 1908 (25 Stat. 1038), .makes it-the duty of the authorities of ány city or town, upon the petition-of a majority of *354 the freeholders thereof, to order a special election “for the purpose of issuing bonds” for various purposes enumerated, concluding with the words “or any corporate purpose set forth in said petition.” It cannot be denied that the contract in question is for a corporate purpose which was set forth in the petition.
The petition is, therefore, dismissed.
Reference
- Full Case Name
- Fowler v. Town Council of Fountain Inn.
- Status
- Published
- Syllabus
- 1. Cities and Towns — Lighting Contracts.- — Under sections 1999 and 2021 of Code of 1902 a town may submit to the qualified electors on a proper petition- the question of making a contract with another to light the town for-a number of years. 2. -Constitutional Law. — 25 Stat. 1026 providing for opening municipal books of registration- twenty days before and keeping them open for ten days does not violate section 11 of article II of the Constitution providing that State books of registration shall not be open for 30 days before any election.