Simpson v. Commissioners of Mecklenburg

84 N.C. 158

• Court: Supreme Court of North Carolina
• Decided: January 5, 1881
• Status: Published

Opinion

SMITH, 0. J.,

after stating the above.' There was no evidence before the court in dismissing the action, so far as the record discloses, except what is furnished in the sworn .complaint and answers. The judgment of the court must therefore have been rendered upon the allegations made by ■the plaintiffs, with the admissions and explanations of the ■defendants; and no special error is assigned in the rulings •of His Honor from which the appeal is taken.

1. We think, under the statute which requires the commissioners after examination of the returns, to ascertain ■and declare the result, their decision upon the returns of an •election regularly and properly held is final and conclusive of the question. When they declare that a majoritj' have thus voted, then and not upon a further inquiry into the vote, “ the provisions of _ this act shall be in full force and effect.” Upon the fair and honest exercise of their judgment in determining the vote, the validity of the enactment is suspended, and its operation is not left to the uncertainties of .a future enquiry. As the law is left contingent upon the .acceptance or rejection of the voters, it is important that the event upon which it depends should be conclusively determined [in some way, and the act commits this determination >to the commissioners by whom the returns are tobe ■examined and the result announced.

2 and 8. The deviations of the fence from the precise ’■boundaries of the township with the explanations in refer- once thereto cannot be allowed to have the effect of rendering the proceedings under the act illegal and annulling the tax levy by which the means are to be raised to meet the costs of the undertaking. If irregularities, they can be be easily corrected, without defeating the entire work.

4. The taxes are levied by the proper legal agency, in the co-operation of the township trustees with the commissioners, The former made their estimate of the taxes required and of the levy sufficient to meet the costs of the work, and the sanction of the commissioners made it virtually and truly their act. The township trustees “ under the supervision of the county commissioners, have control of the taxes and finances, roads and bridges of the township as may be prescribed by law.” Const., Art. VIL, § 5. If the act of February 12th, 1875, is effectual in transferring the power to levy taxes for township purposes from the trustees to the commissioners, its requirements have not been disregarded in the manner in w'hich the present tax has been imposed.

We do not deem it necessary to pursue the enquiry further, since in our opinion no. injunction could properly issue upon any of the grounds set out in the complaint to arrest the proceedings under the law', and thus withhold payment to those whose labor and money have been expended in this public work for the common benefit of all having lands to cultivate and be protected within the township.

It must be declared there is no error and the judgment is affirmed.

No error,Affirmed.