Robinson v. City of Goldsboro

• Decision Date: 11 May 1904
• Citation: 47 S.E. 462,135 N.C. 382
• Parties: ROBINSON et al. v. CITY OF GOLDSBORO et al.
• Court: North Carolina Supreme Court

47 S.E. 462

135 N.C. 382

ROBINSON et al. v. CITY OF GOLDSBORO et al.

Supreme Court of North Carolina

May 11, 1904

Appeal from Superior Court, Wayne County; W. R. Allen, Judge.

Action by J. J. Robinson and others against the city of Goldsboro and others. Judgment for plaintiffs. Defendants appeal. Affirmed.

Under Priv.Laws 1901, p. 944, c. 397, providing that the aldermen of a city may issue bonds for waterworks, provided that before they are issued the proposition shall be submitted to the voters at an election, such submission to the voters is a prerequisite to the power to issue the bonds.

The city of Goldsboro was incorporated by chapter 397, p. 944 Priv. Laws 1901. Among other corporate powers conferred by the charter, the city was authorized to establish a system of sewerage, waterworks, electric lights, etc., and for that purpose to purchase the system of waterworks and electric lights then in operation in said city. The board of aldermen for the purpose of providing the means with which to establish or purchase and maintain the said system of waterworks, etc., and for certain other purposes set forth in the charter, were authorized to issue bonds of said city "as and when the board of aldermen may determine *** from time to time to an amount not exceeding in the aggregate the sum of two hundred thousand dollars and to issue said bonds for any of said purposes, or for two or more, or for all." By section 65 of the charter, it is provided that, before any of the bonds provided for shall be issued, the proposition shall be submitted to the qualified voters at an election. The time and manner of holding the election are provided for. Pursuant to the provisions of the charter, an election was held, and an issue of bonds voted, for the specified purposes, to an amount fixed at said election. An issue of bonds to the amount of $2,500 for the purpose of purchasing the electric light plant was approved, and bonds issued in accordance therewith. The total amount of bonds voted and issued was $110,000. On April 14, 1904, the board of aldermen adopted a resolution, reciting in the preamble thereof the purchase of the electric light plant; that said plant was inadequate to supply the city with light; the public necessity for an increase of its capacity, with additional machinery fixtures, etc.; the inability of the city to furnish adequate light without contracting a debt for the purpose of enlarging and increasing the capacity of the plant, etc. The plaintiff in behalf of himself and all other taxpayers of such city seeks to enjoin the board of aldermen from issuing such bonds, for that the proposition has not been submitted to the voters of the city. The court...