McLaurin v. Tatum

• Decision Date: 06 April 1910
• Citation: 67 S.E. 560,85 S.C. 444
• Parties: McLAURIN et al. v. TATUM et al.
• Court: South Carolina Supreme Court

67 S.E. 560

85 S.C. 444

McLAURIN et al. v. TATUM et al.

Supreme Court of South Carolina

April 6, 1910

Action by H. L. McLaurin and others, taxpayers of the school district of McColl, against W. G. Tatum and others, as trustees of the school district and others. Judgment for petitioners.

Stevenson Matheson & Stevenson, for petitioners. C. P. Townsend and T I. Rogers, for respondents.

JONES C.J.

The petitioners, in the original jurisdiction of this court are seeking as resident taxpayers of McColl school district in Marlboro county to enjoin the respondent trustees of that school district from issuing $12,000 of the bonds of the district as the result of an election under the act of 1907. An order was passed referring it to J. K. Owens, Esq., as special master, to take the testimony and report his conclusions of fact. In obedience to this order the special master took a mass of testimony, and with it has reported his conclusions of facts. The respondents filed numerous exceptions to this report. In the view we take of the case it will not be necessary to consider all these matters.

The real question is whether the proposed issue of bonds is invalid by reason of any fatal failure to comply with the act approved February 19, 1907, entitled "An act to provide for the issuing of bonds in public school districts in South Carolina." 25 St. at Large, p. 522. The first section of the act provides: "That the trustees of any public school district in the state of South Carolina are hereby authorized and empowered to issue and sell coupon bonds of the said school district payable to bearer in such denominations and amount as they may deem necessary not to exceed four per cent. of the assessed valuation of the property of such school district for taxation, and bearing a rate of interest not exceeding six per cent. per annum payable annually or semiannually, and at such times as they may deem best; provided that the question of issuing the bonds authorized in this section shall be first submitted to the qualified voters of such school district, at an election to be held upon the written petition, or request of at least one-third of the resident electors, and a like proportion of the resident freeholders of the age of twenty-one years to determine whether said bonds shall be issued or not, as herein provided; provided, further, that before any election is held under this act it shall be the duty of the trustees of the school district to have a survey of said school district made by some competent surveyor, and a plat thereof made, and filed in the office of clerk of court." One of the petitioners' contentions is that the trustees did not have a survey of the school district made, and a plat filed as required.

We first notice this ground: The special master on this point reported the facts as follows: "On the 3d day of May 1904, the county board of education met at McColl to determine the boundaries of this school district, and certain roads, lines, and courses were fixed. Soon thereafter Surveyor J. R. Parker was employed by the county superintendent of education to make a plat of the district. A copy of his work is plat marked 'Exhibit X.' This plat differs from plat B, which was made by the same surveyor, and certified to on the first day of the next month --June 1st--and on July 15th the county board of education approved this plat as appears from indorsement signed by all of the members, and also by the minutes of the board. Several witnesses stated that plat X is in accordance with the directions and lines fixed May 3d. W. L. Stanton, who was county superintendent of education at the time, testified that he did not so understand the direction. Plat of Tatum school district, which joins McColl district at the disputed point was introduced, and it agrees with plat B. If plat X be accepted there is an unexplained conflict in the two districts. Accepting the testimony of W. L. Stanton I find that plat X was never approved by his board, and was never filed in his office--this copy has no indorsement that would tend to show that it was ever approved or filed. Plat B is the only plat approved by the county board of education in regard to...