Fripp v. Coburn

• Decision Date: 06 July 1915
• Docket Number: 9123.
• Citation: Fripp v. Coburn, 101 S.C. 312, 85 S.E. 774 (S.C. 1915)
• Parties: FRIPP ET AL., TOWNSHIP COM'RS, v. COBURN ET AL., COUNTY COM'RS.
• Court: South Carolina Supreme Court

85 S.E. 774

101 S.C. 312

FRIPP ET AL., TOWNSHIP COM'RS, v. COBURN ET AL., COUNTY COM'RS.

No. 9123.

Supreme Court of South Carolina

July 6, 1915

Appeal from Common Pleas Circuit Court of Beaufort County; R. W Memminger, Judge.

Action by E. W. Fripp and others, as Township Commissioners of St Helena Township, and also individually, against R. A. Coburn and others, as County Commissioners of Beaufort County.From a judgment for plaintiffs, defendants appeal.Reversed.

See also, 81 S.E. 1135.

Thos Talbird, of Beaufort, for appellants.

J. P. K. Bryan, of Charleston, for respondents.

FRASER J.

In 1911 the General Assembly of this state passed--

"An act to empower Beaufort and St. Helena townships in Beaufort county to issue bonds for the purpose of building a bridge and approaches from the town of Beaufort to Ladies Island and to provide for payment."ActFeb. 18, 1911(27 St. at Large, p. 291).

That act provided for an election to be held in the two townships before the bonds should be issued.The election was held, and the majority in St. Helena voted against the bonds.The majority in Beaufort township was in favor of the bonds.Taking the whole vote, the majority was in favor of the bonds.In 1914 another act was passed, entitled--

"An act to validate and confirm the election and all acts of Beaufort and St. Helena townships of Beaufort County in relation to the issuance of certain bonds for the purpose of building a bridge and approaches from the town of Beaufort to Ladies Island and make provision for their payment and retirement at maturity."ActFeb. 28, 1914(28 St. at Large, p. 860).

This is a proceeding to enjoin the issuance of the bonds on the ground that the act authorizing the issuance of said bonds is unconstitutional and in violation of the following provisions of the Constitution: Section 5, art. 10: "The corporate authorities of counties, townships, school districts, cities, towns and villages may be vested with power to assess and collect taxes for corporate purposes; such taxes to be uniform in respect to persons and property within the jurisdiction of the body imposing the same."

Section 6, art. 10: "The General Assembly shall not have power to authorize any county or township to levy a tax or issue bonds * * * except for educational purposes, to build and repair public roads, buildings and bridges, to maintain and support prisoners, pay jurors, county officers, and for litigation, quarantine and court expenses, and for ordinary county purposes, to support paupers, and pay past indebtedness."

Section 13, art. 10: "The General Assembly shall provide for the assessment of all property for taxation; and state, county, township, school, municipal and all other taxes shall be levied on the same assessment, which shall be that made for state taxes; and the taxes for the subdivisions of the state shall be levied and collected by the respective fiscal authorities thereof."

Section 5, art. 1: "The privileges and immunities of citizens of this state and of the United States under this Constitution shall not be abridged, nor should any person be deprived of life, liberty or property without due process of law, nor should any person be denied the equal protection of the law."

Section 7, art. 1: "No tax, subsidy, charge, impost tax or duties shall be established, fixed, laid or levied, under any pretext whatsoever, without the consent of the people or their representatives lawfully assembled."

And your petitioners further show that the said act approved February 18, 1911, so constructed as aforesaid, also...