Charleston v. Werner

Citations

• 38 S.C. 488
• 17 S.E. 33
• 1893 S.C. LEXIS 64

Syllabus

<p>1. Public Health — Police Powers — Filling Lots. — An ordinance passed by the city council of Charleston, pursuant to power conferred by an act of the legislature, requiring lot owners to fill up their low lots when declared to be injurious to health, or else that such lots shall be filled up by the city council, and the cost recovered of the owner, provided it does not exceed one-half the value of the lots, is not governed by the principles of law applicable to a local tax for improvements, but to the police power over the subject of public health.</p> <p>2. Ibid. — Ibid.—Ibid.—Demurrer.—A complaint having alleged that the filling of such a lot did not exceed one-half its value, a demurrer admitted this to be true, and, therefore, it was immaterial in this case that the city ordinances made no provision for a case where the cost of the work exceeded one-half the value of the lot so filled up, as required by an amendatory statute passed after the city ordinances were enacted.</p> <p>3. Ibid. — Ibid.—Ibid.—Municipality.—A statute authorizing the ■ filling up of low lots in a city, when found to be injurious to the health of the community, is within the extensive powers of the State over public health, known as “police powers,” and is, therefore, not unconstitutional. And these powers of the State may be delegated by her to a municipality.</p>