Town of Seneca v. Cochran

• Decision Date: 25 November 1909
• Citation: 66 S.E. 288,84 S.C. 279
• Parties: TOWN OF SENECA v. COCHRAN.
• Court: South Carolina Supreme Court

66 S.E. 288

84 S.C. 279

TOWN OF SENECA v. COCHRAN.

Supreme Court of South Carolina

November 25, 1909

Appeal from General Sessions Circuit Court of Oconee County; J. W De Vore, Judge.

G. B Cochran was convicted of violating an ordinance of the town of Seneca. On appeal to the circuit court, the judgment was reversed, and the town appeals. Affirmed.

E. L Herndon, for appellant. J. R. Earle, for respondent.

WOODS J.

The town council of the town of Seneca passed the following ordinance on 2d April, 1908:

"Section 1. That the fire limits be, and they are hereby established in the town of Seneca on lots numbered 1 to 46 inclusive.

"Sec. 2. That within said limits no new house shall hereafter be built of wooden material; nor additions, rooms, porches, or piazzas, nor additions of any kind shall be built of wood to any house now standing within said fire limits. That all repairs to the roof of any building within the said fire limits shall be with slate, tin, metal, zinc or gravel or some other noninflammable material.

"Sec. 3. That all buildings hereafter erected within said fire limits shall be of brick, stone, or cement and covered with slate, tin, metal, zinc, gravel or some other noninflammable material.

"Sec. 4. That all applications for building permits within said fire limits shall be submitted to the town council for its approval for any such buildings within said fire limits, before such buildings or repairs shall be begun.

"Sec. 5. Any person violating any section of this ordinance, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine or imprisonment at the discretion of the mayor or alderman within the limits of his or its authority."

This ordinance was passed under the authority conferred by section 1957, Civ. Code 1902, which provides: "Hereafter, the town council of every town in this state between five hundred and one thousand inhabitants shall have the power and authority to equip and control a fire department for the protection of said town in such way as they may deem necessary, and by ordinance to establish fire limits and provide for building permits in said town, and to prescribe and designate the kind and character of material to be used in erecting and repairing buildings or structures within and upon that portion of said town included within such fire limits." The defendant was tried before the mayor and a jury on the charge of violating the ordinance "by repairing a roof inside the fire limits with inflammable material, and without having a permit to do such repairs." He was convicted and sentenced to pay a fine of $30 or work on the streets for 30 days. On appeal the circuit court reversed the judgment, and the town of Seneca appeals to this court.

Two questions were argued: First, Did the work which the defendant had done...