Mauldin v. City Council of Greenville

Citations

• 42 S.C. 293
• 27 L.R.A. 284
• 20 S.E. 842
• 1895 S.C. LEXIS 192

Syllabus

<p>1. Constitution — Statutes.—The three departments of the State government being separate and distinct, and all legislative power being vested in the General Assembly, an act of the legislature will be declared by the courts to be unconstitutional only when clearly shown to be in conflict with the restrictions imposed by the Constitution of the United States or of this State upon the legislative power of the General Assembly, all presumptions being in favor of the validity of the statute.</p> <p>2. Ibid. — Ibid.—Municipal Corporation. — A municipal corporation has only such powers as are granted to it by the General Assembly, and the General Assembly can grant it powers, as of taxation and over streets and ways, only within the limits of the restrictions imposed by the Constitution.</p> <p>3. Ibid. — Ibid.—Ibid.—Local Improvements — Law oe Land. — A city council may, under legislative sanction, levy a tax to pay for improvements to its streets, but it may not assess the cost, or any part thereof, of such improvements exclusively upon abutting real property, to the extent of the supposed benefits accruing from such improvements, there being no express authority therefor to be found in the Constitution or in “the law of the land” — that is to say, the common law and statute law existing at the adoption of the Constitution. But by force of decisions rendered prior to the present Constitution, and, therefore, the “law of the land,” within the meaning of the Constitution, the cost of improvements to sidewalks and of drains and sewers may be assessed upon the abutting land.</p> <p>4. Municipal Taxation — Local Improvements. — The policy of this State dedared as to municipal taxation and the assessment of property for local improvements.</p> <p>Only Result Concurred In.</p>