Swinson v. Town of Mount Olive

61 S.E. 509, 147 N.C. 611, 1908 N.C. LEXIS 107

• Court: Supreme Court of North Carolina
• Decided: May 13, 1908
• Status: Published

Opinion

ClakK, O. J.

This is an action to-restrain the defendant, the Town of Mount Olive, from issuing $6,000 in bonds “to build and own a town hall and market house,” without a vote of tbe people. Tbe General Assembly, by section 49, chapter 201, Private Laws 1905, specially empowers tbe defendant to issue bonds for that purpose.

Tbe General Assembly can authorize a municipal corporation to create a debt, without a vote of tbe people, for necessary purposes. Const., Art. VII, sec. 7; Fawcett v. Mount Airy, 134 N. C., 125; Wilson v. Charlotte, 74 N. C., 748. A market bouse was held to be a necessary expense for a town. Smith v. New Bern, 70 N. C., 14; Wade v. New Bern, 77 N. C., 460.

It is true that section 28, chapter 201, Private Laws 1905, restricts tbe tax levy by Mt. Olive for town purposes to fifty cents on tbe $100, but that is for ordinary purposes and does not apply to tbe interest or principal of indebtedness for tbe special purposes enumerated in section 49 of same act. See, also, section 52, which recognizes this distinction. Tbe three sections must be read together. There is no limitation upon town taxation for necessary purposes save that imposed by statute, general and special. French v. Wilmington, 75 N. C., 477; Young v. Henderson, 76 N. C., 420.

Judgment refusing tbe restraining order is

Affirmed.