Bruce v. City Council of Greenville

• Decision Date: 08 July 1911
• Parties: BRUCE v. CITY COUNCIL OF GREENVILLE.
• Court: South Carolina Supreme Court

71 S.E. 817

89 S.C. 241

BRUCE v. CITY COUNCIL OF GREENVILLE.

Supreme Court of South Carolina

July 8, 1911

Original petition by J. B. Bruce against the City Council of Greenville to enjoin the issuance of certain municipal bonds. Petition dismissed.

Haynsworth & Haynsworth, for petitioner. Oscar Hodges, for respondent.

WOODS J.

In this proceeding instituted to enjoin the city council of Greenville from issuing certain municipal bonds, the following are the admitted facts:

The city of Greenville is incorporated under the General Statutes of this state (Code 1902, vol. 1, § 1972), having surrendered its old charter and received a new one February 14, 1911. By an amendment to the Constitution proposed by joint resolution February 19, 1904 (24 St. at Large, p. 676), and ratified by an act of February 20, 1905 (24 St. at Large, p. 955), it was provided that the city of Greenville might increase its bonded indebtedness to an amount not exceeding 15 per cent of the value of its taxable property, where the proceeds of the bonds are applied to the payment "of past indebtedness, to expenses and any liabilities incurred or to be incurred in the improvement of streets and sidewalks, and for providing sewerage for said city, or any part thereof for purchasing, owning or operating waterworks or electric light plants." In the early part of the year 1910, a petition from the freeholders of the city of Greenville was presented to the city council, asking for an election upon the question as to whether the city of Greenville should issue bonds in the sum of $200,000, "to be used solely for the improvement or paving of its streets and sidewalks and building Main Street bridge." In this petition it was stated that $20,000 should be used for building a bridge and $180,000 for street improvements. The election was duly held, and a large majority voted in favor of the issue of the bonds. Street improvement bonds to the amount of $100,000 have already been issued and sold, and out of the proceeds $20,000, provided for in the petition, has been expended on Main Street bridge. The city has now negotiated the sale of the remaining $100,000 worth of bonds the proceeds of this second sale to be used in paying for street paving, a large part of which work has already been done. The sale of these bonds has, however, been held up, because the objection was raised that, if the city had no authority to issue bonds for the building of Main Street bridge, this would enter into and affect the validity of the entire issue, and not merely the validity of the $20,000 worth of bonds, the proceeds of which were actually used in paying for this bridge.

The only question concerning the...