Jones v. City of Camden

• Decision Date: 07 September 1895
• Citation: 23 S.E. 141,44 S.C. 319
• Parties: JONES v. CITY OF CAMDEN et al.
• Court: South Carolina Supreme Court

23 S.E. 141

44 S.C. 319

JONES v. CITY OF CAMDEN et al.

Supreme Court of South Carolina

September 7, 1895

Petition in the original jurisdiction of the supreme court, by W. J Jones against the city of Camden and others to enjoin defendants from selling certain bonds of said city. Injunction denied.

J. T Hay, for petitioner.

W. D. Trantham, for respondents.

McIVER C.J.

This is a petition, addressed to this court in the exercise of its original jurisdiction, praying that the defendants may be enjoined from issuing and selling, or offering for sale certain municipal bonds of said city, to the amount of $10,000, mentioned in the petition. Upon the hearing of the petition, the usual rule to show cause was issued and served upon the defendants, requiring them to show cause why the injunction prayed for should not be granted. The defendants answered, setting forth substantially the following facts, which are uncontroverted: (1) That the bonded debt of the city of Camden amounts to the sum of $15,000, which was incurred in the purchase of a lot, and in the erection thereon of a new townhall, with money raised by the issue of bonds authorized by the act approved December 24, 1884 (18 St. at Large, p. 818), and the ordinance of the town (now city) of Camden, ratified April 15, 1885. (2) That the said building, though it contains a store on the first floor, from the rents of which the corporation derives some revenue, and a large hall on the second floor, which is sometimes used by dramatic and other companies, who pay a small sum of money for the privilege of using it, was projected and erected for municipal purposes, and not for profit and speculation; the entire income therefrom being insufficient to pay the insurance on the building and the interest on the money expended in its erection. (3) That, besides the store and hall, the building contains the city offices, and the large hall, which is popularly called the "Opera House," is used by the people of Camden, without charge, for holding their mess meetings, public school exhibitions, industrial fairs, and, at times, for divine worship. (4) That, of the bonds so issued, the one-half thereof, which matured on the 15th of March, 1890, have been refunded by authority of the act of December 23, 1889 (20 St. at Large, p. 542), and the ordinance of said town, ratified the 5th of March, 1890. (5) That by virtue of the act of December 21, 1894 (21 St. at Large, p. 1027), and the ordinance of the city of Camden, ratified the 27th of March, 1895, the city council are authorized and empowered to issue and dispose of bonds of the said city, to the amount of $10,000, bearing interest at the rate of 5 per centum per annum, payable in 20 years from the issuance thereof, which said bonds, to the extent of $7,500, if so much be necessary, shall be used in refunding so much of what are known as the "Townhall or Opera House Bonds" as mature on the 15th of March, 1895, and to the extent of $2,500, if so much be necessary, for the purpose of raising funds with which to pay so much as may remain unpaid of what is known as the "Pavement Debt" of the said city. (6) That, by the words "Town Hall or Opera House Bonds," as used in ...