Eargle v. Richland County Permanent Roads Com'n

• Decision Date: 19 March 1923
• Docket Number: 11166.
• Citation: 116 S.E. 445,123 S.C. 368
• Parties: EARGLE ET AL. v. RICHLAND COUNTY PERMANENT ROADS COMMISSION ET AL.
• Court: South Carolina Supreme Court

116 S.E. 445

123 S.C. 368

EARGLE ET AL. v. RICHLAND COUNTY PERMANENT ROADS COMMISSION ET AL.

No. 11166.

Supreme Court of South Carolina

March 19, 1923

Appeal from Common Pleas Circuit Court of Richland County.

Suit by J. W. Eargle and another against the Richland County Permanent Roads Commission and Richland County. Judgment for defendants, and plaintiffs appeal. Affirmed.

S. M Busby and D. W. Robinson, both of Columbia, for appellants.

John J Earle and W. C. McLain, both of Columbia, for respondents.

FRASER J.

In 1920 the Legislature of this state (Act March 10, 1920 [31 St. at Large, p. 1072]) created a state highway department, and provided for a state highway commission, "to provide systematic highway construction and maintenance throughout the state." Section 6. At the same session (Act March 5 1920 [31 St. at Large, p. 1628]) it created a Richland county permanent roads commission. This last act contained the following:

"Sec. 6. Designation of Roads to be Improved--Federal and State Aid--Limit of Cost--Width of Main Highways.--The commission shall construct, with some durable material, of such width as it may determine, each main highway or thoroughfare as hereinafter designated, to wit: The Newberry road, the Winnsboro or Koon road, the Two Notch road, and the Garner's Ferry road, to the seventeen milepost and thence to Eastover: Provided, that in the construction of the above roads the commission may co-operate with the state highway department and the federal government and shall have power to do and perform all things necessary by way of securing the services of experts, and in securing such federal and state aid as may at any time be available: Provided, further, that in the event the funds arising from the sale of the bonds herein provided for are not sufficient to complete the projects hereinabove named, the commission shall have power to apportion the funds on the various projects as it may see fit, looking to the conserving of the best interest of the county, and in the event that the funds arising from the sale of the bonds herein provided for and from any state or federal aid which may be available during the term of office of the commission herein shall exceed the amount necessary to complete the projects herein designated, then and in that event the commission shall have authority to use any such excess fund in its discretion in the improvement of the other roads of

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