Conner v. Charleston High Sch. Dist, 14939.

• Citation: 4 S.E.2d 431,191 S.C. 412
• Decision Date: 05 September 1939
• Docket Number: No. 14939.,14939.
• Court: United States State Supreme Court of South Carolina
• Parties: CONNER. v. CHARLESTON HIGH SCHOOL DIST. et al.

4 S.E.2d 431
191 S.C. 412

CONNER.
v.
CHARLESTON HIGH SCHOOL DIST. et al.

No. 14939.

Supreme Court of South Carolina.

Sept. 5, 1939.

[4 S.E.2d 431]

Original suit in equity by James Conner against the Charleston High School District and the trustees thereof to enjoin the issuance and sale of district bonds.

Decree enjoining respondents from issuing or selling bonds.

Huger Sinkler, of Charleston, for petitioner.

H. L. Erckmann, of Charleston, for respondents.

PER CURIAM.

This is a taxpayer's suit, brought by permission, in the original jurisdiction of the Court to enjoin Charleston High School District, created by Act of the General Assembly approved June 2, 1939, 41 St. at Large, p. 353, from issuing and selling bonds pursuant to the terms of the Act.

The facts in this case are:

The Charleston School District, through its regularly elected or appointed trustees, has been the recognized authority for the operation of all public schools, grammar schools and high schools, within the boundaries of the said Charleston School District, which are coterminous with the territory of the City of Charleston, South Carolina.

The constitutional amendment applicable to the bonds of this School District (approved February 24, 1921, XXXII Stats. 90) reads as follows: "Provided, further, That the limitations imposed by this section shall not apply to the Charleston School District, comprised within the present limits of the city of Charleston, such school district being hereby expressly authorized to vote bonds to an amount not exceeding one million ($1,000, 000.00) dollars, the proceeds of such bonds to be applied solely to the erection and maintenance of school buildings in said district, under such restrictions and limitations as the General Assembly may prescribe, and where the question of incurring such indebtedness is submitted to the qualified electors of said school district, as provided in the Constitution, upon the question of bonded indebtedness."

This School District has issued and has outstanding bonds up to one million ($1,000, 000) dollars, although there is in the Sinking Fund approximately four hundred thousand ($400,000) dollars.

Substantial sums have been heretofore expended for high schools within the District, to the prevention of making apparently necessary expenditures for the grammar schools; and the Trustees of the District made an investigation of the conditions of the schools and found as a fact that the present facilities are inadequate, deplorable and should be remedied.

The General Assembly by an Act approved June 2, 1939, created the Charleston High School District, having an area coterminous with that of the City of Charleston and with that of the Charleston School District, and authorized...