Vaughan v. Bd. Of Com'rs Of Forsyth County

• Decision Date: 10 December 1895
• Citation: 117 N.C. 429,23 S.E. 354
• Court: North Carolina Supreme Court
• Parties: VAUGHAN v. BOARD OF COM'RS OF FORSYTH COUNTY.

23 S.E. 354

117 N.C. 429

VAUGHAN

v.BOARD OF COM'RS OF FORSYTH COUNTY.

Supreme Court of North Carolina.

Dec. 10, 1895.

County Commissioners—Erection of Buildings —Powers.

1. Code, § 707, subsec. 9, as amended by Laws 1895, c. 135, authorizing county commissioners to erect necessary county buildings, and raise by taxation the money therefor, confers on the commissioners a discretionary power to issue county notes for the cost of a courthouse, with which the courts will not interfere.

2. Laws 1889, c. 343, authorizing the commissioners of Forsyth county to issue bonds for a new courthouse if a majority of the voters should vote in favor of such issue, is superseded by Laws 1895, c. 135, authorizing county commissioners to erect necessary public buildings, and raise by taxation the money therefor.

Appeal from superior court, Forsyth county; Brown, Judge.

Action by T. L. Vaughan against the board of commissioners of Forsyth county to enjoin defendants from issuing county notes to pay the cost of a new courthouse. Judgment was rendered for plaintiff, and defendants appeal. Affirmed.

Glenn & Manly, for appellants.

Watson & Buxton, for appellee.

AVERY, J. Code, § 707, subsec. 9, is so amended by Laws 1895, c. 135, as to make the concurrence of the justices of the peace no longer necessary, and to clothe the board of county commissioners of Forsyth county with the power "to erect and repair the nec-essary county buildings, and to raise by taxation the moneys therefor." It is absolutely essential to the administration of justice that a suitable courthouse and jail should be built at every county site in the state. It is within the province of the courts to determine what are necessary public buildings, and what classes of expenditures fall within the definition of the necessary expenses of a municipal corporation. But conceding, as we do, that the cost of erecting courthouses and jails, like that of building bridges and of constructing public roads, is one of the necessary expenses of a county, we have no authority to control the exercise of the discretionary power vested in the commissioners of determining what kind of a courthouse is needed, or what would be a reasonable limit to the cost. Brodnax v. Groom, 64 N. C. 249; Satterthwaite v. Commissioners, 76 N. C. 154. "For the exercise of powers conferred by the constitution, " said Pearson, C. J., "the people must rely upon the honesty of the members of the general assembly, and of the persons elected to fill...