Weeks v. Bryant

82 S.E. 988, 99 S.C. 8, 1914 S.C. LEXIS 77

• Court: Supreme Court of South Carolina
• Decided: September 22, 1914
• Docket: 8933
• Status: Published

Opinion

The opinion of the Court was delivered by

Mr. Justice Hydrick.

1 The principal question in this case, which is raised by the first exception, is decided by the case of Herbert v. Griffith, 99 S. C. 1, 82 S. E. 986, recently filed.

2 The third exception is also sustained. The statute under which such bonds may be issued distinctly provides that, at the election for bonds, the commissioners of public works shall be elected, and prescribes their powers and duties. There is nothing in the act providing a commission form of government which expressly or impliedly abrogates that provision of the statute.

Judgment reversed.

Footnote. — The provisions for commissioners of public works in Civil Code, sec. 3015, where bonds are issued for the erection, construction, or purchase of waterworks, light or sewerage plants, were held inapplicable in case of bonds issued under Civil Code, sec 3050, for the enlarging or extension of such plants already installed, in Seegers v. Gibbes, Mayor, 72 S. C. 532, 52 S. E. 546. See argument of attorneys for respondent in Herbert v. Griffin, ante.