Floyd v. Perrin

Citations

• 30 S.C. 1
• 2 L.R.A. 242
• 8 S.E. 14
• 1888 S.C. LEXIS 170

Syllabus

<p>1. An act of the legislature incorporated a railroad company, authorized certain townships to subscribe to the capital stock of such company, upon prescribed conditions, and incorporated these townships “for the purpose of this act.” Held, that the act related to but one subject, which was expressed in the title — “An act to incorporate the G-. & P. R. R. Go.” — and that these townships were incorporated. Mr. Justice McIvek, dubitante.</p> <p>2. But as the constitution of this State declares that “the corporate authorities of * * townships * * may be vested with power to assess and collect taxes for corporate purposes ;” and as, neither in this act, nor in any other act, is any duty imposed upon these townships, or right given to them, except to subscribe to this railroad and to assess taxes to pay this subscription, the townships are without any corporate purpose, and therefore the power to assess a tax to pay this subscription is violative of this constitutional provision. Art. IX., ? 8. Mr. Justice McGowan, dissenting.</p> <p>3. This act having declared the county commissioners to be the corporate agents of the townships in the matter of the election, subscription payment of interest, &c., the county commissioners were not, in these matters, constituted a court before whom the tax-payers must, in the first instance, object to the constitutionality of the act, or be thereafter estopped from raising the question.</p> <p>4. Petition for rehearing refused.</p>