Carrison v. Kershaw County

• Decision Date: 18 June 1909
• Citation: 64 S.E. 1018,83 S.C. 88
• Parties: CARRISON et al. v. KERSHAW COUNTY et al.
• Court: South Carolina Supreme Court

64 S.E. 1018

83 S.C. 88

CARRISON et al. v. KERSHAW COUNTY et al.

Supreme Court of South Carolina

June 18, 1909

Petition by H. G. Carrison and others for injunction against Kershaw County and others. Dismissed.

Lawrence T. Mills, for petitioners.

T. J Kirkland, for respondents.

JONES C.J.

The petitioners, taxpayers of Kershaw county, have applied in the original jurisdiction of this court for an injunction to restrain the respondents, county commissioners of Kershaw county, from issuing coupon bonds of said county to the amount of $40,000 under an act of the Legislature approved February 23, 1909 (26 St. at Large, p. 298). The question presented by the petition and return is whether the county commissioners have authority to issue said bonds without submitting the question of such issuance to an election.

The title of the act is as follows: "An act to authorize the county commissioners of Kershaw to construct a bridge across the Wateree river, to provide funds therefor and to issue the obligation of said county for such purpose and to create a sinking fund for the retirement or payment of such obligation." The third section of the act relevant to the issue provides as follows: "Sec. 3. That in order to raise funds requisite for the construction of such bridge and the other purposes appertaining thereto aforesaid, the said county commissioners are also hereby authorized and empowered to borrow money upon the promissory notes of Kershaw county, or to issue and sell the coupon bonds of said county to an aggregate amount not exceeding forty thousand ($40,000) dollars. Any such notes or bonds shall be in denomination not exceeding one thousand ($1,000) dollars each; to bear interest from date thereof at a rate not exceeding six (6) per cent., and to run for a period not exceeding twenty-five (25) years, interest to be payable annually or semiannually. Any such notes or bonds and coupons shall be signed by the county supervisor for Kershaw county Provided, that the signature of the supervisor to coupons may be lithographed or engraved in fac simile: Provided, that in the event the said county board of commissioners shall decide to issue coupon or registered bonds, they shall have full power and authority to submit the question of issuing said bonds to the qualified voters of the county, said election to be governed by the provisions of law now applicable to such election: Provided, further, that...