Appeal
from Superior Court, Wilson County; Barnhill, Judge.
Injunctive
proceeding by W. N. Harrell, J. T. Barnes, G. T. Lamm, and
Roney Williamson, residents and taxpayers of the county of
Wilson, N. C., in behalf of themselves and other taxpayers of
the county who desire to make themselves parties hereto
against the Board of Commissioners of the County of Wilson
to restrain the board from issuing certain bonds. From a
judgment of dismissal, plaintiffs appeal.
Affirmed.
This is
an injunctive proceeding brought by plaintiffs, taxpayers
against the defendant to restrain it from issuing certain
bonds. For a first cause of action, the plaintiffs allege
"At a session of the defendant Board of Commissioners
for the County of Wilson, duly held at the Court House in
Wilson, North Carolina, on November 6, 1933, a resolution was
adopted by said defendant, having for its purpose the raising
of a sum of money in excess of fifteen thousand dollars, for
the purpose of providing funds with which to repair the jail
owned by the County of Wilson. The said resolution
contemplates, and the defendant intends to raise twelve
thousand dollars of said sum by issuing and selling bonds of
the County of Wilson as general obligations of said County;
and for the payment of the principal and interest of said
bonds the defendant proposes and intends to pledge the faith
and the credit of the County of Wilson and to levy a tax on
the taxable property in Wilson County, sufficient to meet and
pay the interest and principal of said bonds."
For a
second cause of action, the plaintiffs allege: "At a
meeting of the defendant, duly held in the Court House in the
Town of Wilson on the 11th day of January, 1934, a resolution
having for its purpose the issuance and sale by the defendant
of thirty thousand dollars of the serial bonds, general
obligations of the County of Wilson, for the purpose of
providing funds with which to repair a negro school building,
build a negro school building and add to the Winstead school
building in the Wilson City Unit, was duly adopted and
passed. The plaintiffs are informed and believe, and upon
such information and belief, allege that the proceeds arising
from the sale of said bonds would be used for the following
purposes: (a) For the erection of a school building for the
use of the public schools of Wilson County; (b) For
constructing and erecting an addition of five rooms to a
school building, a part of the unit of the Town of Wilson,
and known as the Winstead School. (c) For the replacement of
toilet fixtures in a school building already
constructed."
The
judgment of the court below is as follows: "The above
entitled cause coming on to be heard before the undersigned
Judge at Rocky Mount, this 27th day of January, 1934, and was
heard by consent of all parties at said time and place. The
plaintiffs moved the Court for judgment as prayed for in the
complaint upon the pleadings. The defendants moved the Court
that this action both as to the First and Second Cause of
Action be dismissed upon the pleadings. After giving the
motions due consideration, the Court being of the opinion
that the defendants have ample power and authority to issue
bonds and sell the same for the purpose of repairing the
common jail of the County and also that the defendants have
ample power and authority to issue bonds and sell the same
for the purpose of making additions to the public
schoolhouses and repairs thereto in Wilson County; It is,
therefore, ordered that this action be dismissed and that the
plaintiffs be taxed with the costs. Rocky Mount, North
Carolina, this January 27, 1934. M. V. Barn-hill, Resident
Judge of the Second Judicial District."
The
plaintiffs excepted and assigned error to the judgment as
signed, and appealed to the Supreme Court.
CLARKSON
Justice.
The
questions involved: May the defendant, "The Board of
Commissioners for the County of Wilson," (a) issue bonds
to repair the common jail of the county? (b) Issue bonds to
repair and make additions to public school buildings in the
county? These questions must be answered in the affirmative.
In
regard to the first question. N.C. Code of 1931 (Michie) §
1321 (a) (Public Laws 1923, c. 143, § 1): "The board of
commissioners of the various counties throughout the state
are authorized and empowered to issue bonds or notes for the
purpose of borrowing money with which to erect, build,
construct, alter, repair and improve courthouses and jails,
and to purchase the necessary equipment and furniture to be
used therein."
In the
County Finance Act, Public Laws 1927, c. 81, § 8, is the
following: "The special approval of the General Assembly
is hereby given to the issuance by counties of bonds and
notes for the special purposes named in this section, and to
the levy of property taxes for the payment of such bonds and
notes and interest thereon. Accordingly, authority is hereby
given to all counties in the State, under the terms and
conditions herein described, to issue bonds and notes, and to
levy property taxes for the payment of the same, with
interest thereon, for the following purposes, including
therein purchase of the necessary land, and, in the case of
buildings, the necessary equipment: (a) Erection and purchase
of schoolhouses. *** (d) Erection and purchase of court-house
and jails, including a public auditorium within and as a part
of a court-house." Section 43 of the County Finance Act:
"All acts and parts of acts, whether general, special,
private or local, authorizing or limiting or prohibiting the
issuance of bonds or other obligations of a county or
counties, are hereby repealed." etc.
In
rewriting the County Finance Act, the word "repair"
was left out. N.C. Code of 1931 (Michie), § 1290, is as
follows: "Every county is a body politic and corporate
and has the powers prescribed by statute, and those
necessarily implied by law, and no others; which powers can
only be...
