Ex rel. McWhirter v. Town of Newberry

Citations

• 47 S.C. 418
• 25 S.E. 216
• 1896 S.C. LEXIS 131

Syllabus

<p>1. Constitution — Ejection eor Corporate Purposes — FreEhoedERS. — The Constitution of 1895, sec. 13, art. II., provides that the General Assembly, in authorizing a special election in a city or town for the purpose of issuing bonds for water works, &c., shall prescribe as a condition precedent to such election a petition from the majority of the freeholders of such city or town.</p> <p>2. Act 2d March, 1896, 22 Stat., 83, Construed. — So much of the act of 2d March, 1896, 22 Stat., 83, as requires a petition signed by a majority of the freehold voters of a town for an election on the question of bonding the town for water works, &c., is unconstitutional, in so far as it requires the petition to be signed by a majority of the freehold voters of such town, and the statute may be read as if the term “freeholders” only were used.</p> <p>3. Act 9th March, 1896,22 Stat. , 88, Construed — Bonds eor Water Works. — -The act of 9th of March, 1896, 22 Stat., 88, is in accord with sec. 13 of art. II. of Constitution of 1895, and a town council may order an election, under said act, on the question of issuing bonds for water works and electric light plant upon a petition signed by a majority of the freeholders of such town.</p> <p>4. Cases Distinguished. — Harshman v. Bates, 92 U. S., 569; County of Cass v. Johnson, 95 TI. S., 360; Harrington v. Plainview, 27 Minn., 224; Plainview'i. Winona, 36 Minn., 505; Toivn of Mentz v. Cook, 108 N. Y., 504; and People v. Smith, 45 N. Y., 772, distinguished, from this.</p>