State v. Brock

• Decision Date: 03 June 1903
• Citation: 44 S.E. 931,66 S.C. 357
• Parties: STATE ex rel. MILFORD et al. v. BROCK et al.
• Court: South Carolina Supreme Court

44 S.E. 931

66 S.C. 357

STATE ex rel. MILFORD et al. v. BROCK et al.

Supreme Court of South Carolina

June 3, 1903

Petition by J. C. Milford, L. A. Brock, and R. M. Shirley for injunction against M. I. Brock, L. M. Wilson, and B. L Gassaway, trustees of School District No. 34, to restrain the sale of bonds for erecting a school building. Dismissed.

Tribble & Prince, for petitioners. Bonham & Watkins, for defendants.

POPE C.J.

This is a proceeding in the original jurisdiction of this court on the part of the plaintiffs, as citizens, residents freeholders, and taxpayers in the town of Honea Path, in the state of South Carolina, against the defendants, as trustees of School District No. 34 of [66 S.C. 358] Anderson county whereby they (the plaintiffs) seek a writ of injunction against the defendants to prevent them from issuing and selling $8,000 of bonds of the Gantt School District for the purpose of erecting and equipping school building at Honea Path, in said school district. This matter came on to be heard by this court on the 25th May, 1903, on the complaint and answer of the parties hereto and the agreed statement of facts. It will only be necessary to reproduce herein the said statement of facts, which is as follows:

"It is mutually agreed by and between Tribble & Prince as attorneys for relators, and Bonham & Watkins, as attorneys for respondents, in the above-entitled proceedings, that the following are the facts for the hearing of this matter in the Supreme Court:

(1) That the relators are citizens, residents, and taxpayers in the town of Honea Path, S. C., which town is embraced within the boundaries of the school district referred to in the petition, and that the respondents above named are the trustees of School District No. 34 for Anderson county, S. C.

(2) That on the 15th day of May, 1900, on the petition of the requisite qualified electors residing in the proposed school district, the county board of education for Anderson county, S. C., set off by metes and bounds a special school district within the township of Honea Path; and when so set off it was called 'School District No. 34' for Anderson county, S. C., there already having been previously created 33 school districts in said county.

(3) That said school district, after it had been created and designated by metes and bounds as 'No. 34' for Anderson county, was by the superintendent of education for said county, at the request of citizens in the territory embraced in said school district, named 'Gantt School District,' and was entered upon the books of the said superintendent of education for Anderson county as 'Gantt School District No. 34.'

(4) That thereafter, on the vote of the qualified electors within the territory embraced within said special school district, which included the town of Honea Path, S. C., a special tax was levied to supplement the school funds of said school district, and was entered upon the books of the auditor of Anderson county as special tax in 'Gantt School District.'

(5) That said school district is known and designated on the books of the treasurer of Anderson county as 'Gantt School District.' It is also known and designated in the records of the office of the State Superintendent of Education for South Carolina as 'Gantt School District,' and was so designated in the annual report of said officer for the years 1901 and 1902.

(6) That the General Assembly of South Carolina by 'An act entitled an act to authorize the trustees of Gantt School District of Anderson county to issue bonds for the purpose of erecting a school building and equipping the same,' approved February 20, 1903, authorized the trustees of 'Gantt School District' of Anderson county to issue and sell coupon bonds of said school district in an amount not exceeding $8,000, as they may deem necessary, for the purpose of erecting and equipping a school building at Honea Path, in said district, if said trustees shall deem it advisable: provided, that the question of issuing bonds authorized in this section, which was section 1 of said act, shall first be submitted to the qualified voters of said school district at an election to be held to determine whether or not said bonds shall be issued as hereafter provided.

(7) That the other provisions of said act are substantially correct in paragraphs 6, 7, and 8 of the petition herein.

(8) That the respondents, who are the trustees of School District No. 34 for Anderson county, which school district is now known and recognized by the school authorities of state and county as 'Gantt School District,' pursuant to the authority vested in them by the aforesaid act of the General Assembly of South Carolina, ordered an election to be held on the 7th day of April, 1903, at Honea Path, within said school district, at which election a majority of the qualified voters voting in said election voted for the issuing of coupon bonds for the purpose of building and equipping a schoolhouse at Honea Path, S. C., as authorized by the act aforesaid.

(9) That

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