The Clinton chronicle. (Clinton, S.C.) 1901-current, January 22, 1925, Image 2
PAGE TWO
THE CLINTON CHRONICLE, CLINTON, 8. C.
THURSDAY, JANUARY 21 IMS
(Advertisement)
ORDINANCE PASSED MEET
ING OF COUNCIL, TOWN OF
CLINTON, JANUARY 5, 1925,
AND AS AMENDED AT SUB
SEQUENT MEETING, AND
RESOLUTIONS PASSED
THEREUNDER.
The following Ordinance and Resolu
tion, passed by Council January 6th,
was ruled by Mayor Jacobs contrary
to the Civil Code of South Carolina,
and therefore null and void; together
with its amendments. Council never
theless ordered its publication by the
Clerk and Treasurer in case Mayor
Jacobs refused signature. As the
Clerk can not attest the Mayor’s sig
nature when he has not signed, the
Ordinance is published by the Mayor
merely to comply with Council’s order
to publish, but without signature. The
reasons for his decision are publi^ied
elsewhere in this paper.
Sec. 2 of the Ordinance passed on
January 5th, 1925, regulating pur
chaser, payments, employment of la
bor, etc., was amended on January
10th, to read: ’That the Mayor and
three members of Council shall con
stitute a quorum; in the absence of
Mayor, the Mayor pro tern and three
members of Council shall constitute a
quorum."
Sec. 3 of this Ordinance passed
January 5th, was amended on Janu
ary 10th to read as follows: “That
the Mayor or Mayor pro tern, in the
event of the inability of the Mayor
to attend, shall call a special meeting| Offered by: T. J. Blalock,
of Council to consider any matters
pertaining to affairs of the town upon
the request of any two or more aider-
men.
STATE OF SOUTH CAROLINA,
COUNTY OF LAURENS,
TOWN OF CLINTON.
An Ordinance to prescribe rules
and regulations for meeting of the
Council of the Town of Clinton; to
prescribe rules and regulations for
quorum; to prescribe the powers and
duties of the Mayor and members of
Jhfr- Council; to prescriherthe manner,
of purchasing supplies and payment
for the same for the Town of Clin
ton; to prescribe rules and regula
tions for the employment of policemen
and other town employees, and to pre
scribe the manner of paying salaries,
wages and other expenditures of said
town.
Be it ordained by the Town Council
of the Town of Clinton, S. C., in coun
cil assembled:
Sec. 1. THAT: On and after the
passage of this Ordinance, there shall
be a regular meeting of the Town
Council of the Town of Clinton on the
first Monday of each month, at such
hour as may be determined upon by
the Mayor, provided: That when said
day for meeting shall be a legal holi
day, the meeting for such month shall
be on the Tuesday next ensuing after
the first Monday.
Sec. 2. THAT: Four Aldermen shall
constitute a quorum of said Council,
and no action on any matter relating
to the affairs of the Town of Clinton
shall be taken by said Council with
out a quorum being present either at
a special or a regular meeting.
Sec. 3. That a special meeting to
determine any matters relating to the
affairs of said Town of Clinton may
be had upon the request by the Mayor
or any member of said Council, at any
time; provided: Notice of the time,
place and purpose of such meeting be
given to all members of said Council,
and provided further: That no mat
ters shall be taken up at any special
meeting of said Council except those
contained in the Notice of said Meet
ing.
Sec. 4. That on and after the-pas
sage of this Ordinance it shall be'QR*
lawful for the Mayor or any member
of the Town Council or any employee
of the Town of Clinton to authorize
the paving of any street or sidewalk
or any part of a street or sidewalk or
to authorize the extension of any part
of the water system of the said town
or to put down any new project of
water or sewer system, or to make
any purchases of machinery, equip-
n^pnt, trucks, tractors, wagons, elec
tric light poles, electric wires, coal,
materials or any supplies for the
Town of Clinton, either for cash or
upon the credit of said Town of Clin
ton, without authorization therefor by
the Town Council in Council assem
bled, either at a regular or special
meeting of said Council; provided:
That this section shall not apply to
the purchase of materials or supplies
or other purchases where such pur
chase shall not exceed $100.00 in
amount.
Sec. 5. That on and after the pas
sage of this Ordinance, it shall be un
lawful for the Mayor or any member
of the Town Council of the Town of
Clinton, or any employee of the said
Town of Clinton, to employ any per
son or persons in any department of
the Town of Clinton in any capacity
whatsoever, without first being duly
authorized to make such employment
or to engage such person or persons
by the Town Council of said town in
council duly assembled^ either at
regular or special meeting thereof;
Provided: That this section shall not
apply where the remunerafaon to such
employee or employees shall not ex
ceed $25.00 per month. A,
Sec. 6. That on and after the pas
sage of this Ordinance, it shall be un
lawful for the Mayor or any member
of the Town Council of the Town of
Clinton or any employee of the Town
of Clinton to pay or cause to be paid
any bills or invoices for any purchases
or contracts for material or supplies,
salaries, wages, or any other obliga
tions of the Town of Clinton without
first being duly authorized thereunto
by the Town Council in Council as
sembled, either at a regular or special
meeting thereof; Provided: That the
amount involved in the transaction
wherein the payment is made, does
not exceed $100.00; and provided fur
ther: That this section shall not apply
to the payment of salaries or wages
where the person so receiving such
salary is not paid at a rate greater
than $25.00 per month.
Done and Ratified by the Town
Connell of the Town of Clinton in
Council assembled, this the 5th day
of January, A. D., 1925.
does not exceed seventy-five ($75.00)
dollars per week.
Sec. 3. Be it further resolved: That
the City Engineer, either himself or
through his overseer, W. L. Lynn, be
and is hereby authorised to employ
and to replace the necessary labor for
the work carried on under the direct
ion of overseer, W. L. Lynn, provid
ed: The aggregate amount to be paid
such labor or help does not exceed
two hundred ($200.00) dollars per
week.
Passed by the Town Council this
15th day of January, A. D., 1925.
Attest:
Mayor.
Clerk and Treasurer.
State of South Carolina,
County of Laurens,
Town of Clinton.
BE IT RESOLVED BY THE TOWN
COUNCIL OF THE TOWN OF CLIN
TON IN COUNCIL ASSEMBLED:
Sec. 1. That the Mayor and Town
Clerk and Treasurer of said Town of
Clinton be and are hereby authorised
to issue checks for the payment of the
payroll incurred by the gang employ
ed and working under Overseer W. L.
Lynn, not to exceed $200.00 per week.
Passed by the Town Council this
15th day of January, A. D., 1925.
Offerediby: S. G, Jwilard. ‘
Seconded by: L. R. Stone.
State of Sooth Carolina,
County of Lanrens,
Town qf Clinton.
BE IT RESOLVED BY THfe TOWN
COUNCIL OF THE TOWN OF CLIN
TON IN COUNCIL ASSEMBLED:
THAT all regular and special meet
ings of the Town Council of said
Town^of Clinton shall be held in the
office of the Town Clerk and Treas
urer of said town.
Passed by the Town Council this
15th day of January, A. iD., 1925.
Offered by: S. G. Dillard.
Seconded by: T. J. Blalock.
State of South Carolina,
County of Laurens,
Town of Clinton.
BE IT RESOLVED BY THE TOWN
COUNCIL OF THE TOWN OF CLIN
TON IN COUNCIL ASSEMBLED:
Sec. 1. That the Mayor and Town
Clerk and Treasurer of said Town of
Clinton be and are hereby authorized
to issue checks for the payment of all
freight charges on materials and sup-
lies purchased for the use of the said
Town.
Sec. 2. And the Mayor is hereby
authorized to purchase a necessary
supply of coal for the use of said
Town and to pay for the same.
Passed by the Town Council this
15th day of January, A. D., 1925.
Offered by: S. G. Dillard.
Seconded by: C. C. Bailey.
State of South Carolina,
County of Lanrena,
Town of Clinton.
BE IT RESOLVED BY THE TOWN
COUNCIL OF THE TOWN OF CLIN
TON IN COUNCIL ASSEMBLED:
Sec. 1. That the City Engineer,
either through himself or through his
foreman, be and is hereby authorized
to employ the necessary labor to com
plete the addition to the power house
now being carried on under Overseer
W. A. Davis, And, to purchase the
necessary materials therefor.
Sec. 2. BE IT FURTHER RE
SOLVED: That the Mayor and Town
Clerk and Treasurer be and are here
by authorized to issue checks for the
payment of the labor so employed and
materials used as provided in Section
1 hereinabovt.
Passed by the Town Council this
15th day of January, A. D., 1925.
Offered by: S. G. Dillard.
Seconded by: L. R. Stone.
State of South Carolina,
County of Laurens,
Town of Clinton.
BE IT RESOLVED BY THE TOWN
COUNCIL OF THE TOWN OF CUN-
TON IN COUNCIL ASSEMBLED:
Sec. 1. That the Mayor be and is
hereby authorized to make purchases,
either through himself direct or
through any of the heads of depart
ments, of the Town of Clinton, of any
materials, supplies or equipment nec
essary for carrying on the work in
the various departments, provided:
That no purchase so made shall ex
ceed one hundred ($100.00) in amount.
Passed by the Town Council this
15th day of January, A. D., 1925.
Offered by: S. G. Dillard.
Seconded by: T. J. Blalock.
State of South Carolina,
County of Laurens,
Town of Clinton.
BE IT RESOLVED BY THE TOWN
COUNCIL OF THE TOWN OF CLIN
TON IN COUNCIL ASSEMBLED:
Sec. 1. That the Street Superinten
dent be and is hereby authorized to
employ such labor as is neces
sary for carrying on the work
in his department, and to re
place such labor, provided: That the
aggregate amount to be paid such
labor so employed by said Street
Superintendent shall not exceed one
hundred seventy-five ($175.00) dol-
lara-per week.
Sec. 2. Be it further resolved: That
the Water and Light Plant Superin
tendent be and is hereby authorize<
to employ and to replace two firemen,
provided: The remuneration to be pai<
such firemen so employed or replacec
shall not exceed in aggregate one hun
dred thirty ($130.00) dollars per
month. And the said Water and light
Plant Superintendent is further au
thorized to employ weekly and day
laborers ahd to replace the same, pro
vided:
paid
Seconded by: C. C. Bailey.
State of South Carolina,
County of Laurens,
Town of Clinton.
BE IT RESOLVED BY THE TOWN
COUNCIL OF THE TOWN OF CLIN
TON IN COUNCIL ASSEMBLED:
Sec. 1. That the Mayor and Town
Clerk and Treasurer of said Town of
Clinton be and are hereby authorized
to issue checks to pay: The weekly
street payroll not to exceed $175.00;
to pay the light and power plant pay
roll weekly not to exceed $75.00; to
tpay five (5) policemen not to exceed
in the aggregate $525.00 monthly; to
pay Street Superintendent $100.00
monthly; to pay City Engineer $333.33
monthly; to pay W. L. Lynn $100.00
monthly; to pay Water and Light
ly; to pay two (2) engineermen and
one (1) electrician at power plant
monthly not to exceed a total ^of
$335,00; to pay. Town Clerk and
Treasurer $100.00 monthly; to pay
Mayor’s salary of $100.00 monthly; to
pay each of the Aldermen monthly
$5.00.
Sec. 2. That the resolution passed
by the Town Council of the Town of
Clinton on the 10th day of January,
1926, entitled: “Be it resolved by the
Town Council of the Town of Clinton
in Council Assembled that the follow
ing resolutions be passed" be and is
hereby rescinded.
Passed by the Town Council this
15th day of January, A. D., 1925.
Offered by: T. J. Blalock.
Seconded by: S. G. Dillard.
said Council, Provided: That notice of
the time, place Ahd purpose of such
meeting be given to ell members of
the said Council, and provided furth
er: That no matters shall be taken
up at any special meeting of said
Council except those contained In the
notice of said meeting or by consent
of the majority of said Council pres
ent at said meeting. N
Sec. 4. That, in the absence, disa
bility or failure of the Mayor or
Mayor pro tern to attend any regular
or special meeting of said Council as
hereinable provided, any four mem-
a quorum, and may act upon any mat
ters pertaining to the affairs of the
said Town of Clinton.
*
Sec. 5. That on and after the pas
sage of this Ordinance, it shall be un
lawful for the Mayor or any other
member of the Town Council or any
employee of the Town of Canton to
authorize the paving of any street or.
sidewalk or any f>art of a street or
sidewalk or to authorise thfe exten
sion of any part of the sewer system
of the said Town or to put down any
new project of water or sewer system
or to enlarge the light and power
plant, or to make any purchases of
machinery, equipment, trycks, trac
tor^ wagons, electric light poles, elec
tric wirhs, coal, or any materials or
supplies' for the Town of Clinton,
Plant Superintendent--$150.00 month- either for cash or upon the credit of eit ? ler th ropgh him :
State of South Carolina,
County of Laurens,
Town of Clinton.
BE IT RESOLVED BY THE TOWN
COUNCIL OF THE TOWN OF CLIN
TON IN COUNCIL ASSEMBLED:
Sec. 1. That the heads of all de
partments be and are hereby directed
to prepare and submit to the Council
on or by the 19th day of January,
1925, or as soon thereafter as possi
ble, an estimate of all supplies, and
materials, and all other things neces
sary for carrying on the work in their
respective departments up to the 1st
day of March, 1925; and,
Sec. 2. BE IT FURTHER RE
SOLVED: That the heads of all de
partments be and are hereby directed
to submit to the Council, through the
Mayor, on or before the 1st day of
March, 1925, and on or before the
1st day of each month thereafter, an
estimate of all necessary materials,
supplies, equipment and other things
necessary for carrying on the work in
their respective departments to cover
the month on the 1st day of which
the estimate is herein directed to be
made, and for longer periods of time,
if practical; and, *
Sec. 3C BE IT FURTHER RE
SOLVED: That on or before the first
Monday in each month hereafter, the 1
head of each department be and is
hereby directed to submit through the
Mayor to the Council, a report of all
work done and amounts expended for
work done, and all materials purchas
ed and used in their respective de
partment, for the preceeding month.
Passed by the Town Council this
15th day of January, A. D., 1925. .
Offered by: T. J. Blalock.
Seconded by: S. G. Dillard.
STATE OF SOUTH CAROLINA,
COUNTY OF LAURENS,
TOWN OF CLINTON.
Be it Resolved by the Town Council
of the Town of Clinton fn Council As
sembled:
Sec. 1. That the Mayor and Town
Clerk and Treasure*; of said Town of
Clinton be and are hereby authorized
and directed to issue cheeks for the
payment of all freight charges on
materials and supplies purchased for
the use of the said Town, as same
may become due.
Sec. 2. And the Mayor is hereby
authorized and directed to purchase
a necessary supply of coal for the use
of said Town and to pay for the same.
Sec. S. That the City Engineer,
either through himaetf or through his
foreman, subject to approval of the
Mayor, be and is hereby authorized
to employ Hie necessary labor to com
plete the addition to the power house
now carried on under overseer, W. M
Davis, and to purchase necessary
materials therefor.
Sec. 4. Be it further resolved: That
the Mayor and Town Clerk and Treas
urer be and are hereby authorized and
directed to issue checks for the pay
ment of the labor so employed and
materials so used as provided in Sec
tion 3 hereinabove.
Sec. 5. That the Mayor be and is
hereby authorized and directed to
said Town of Clintbh, without author
ization therefor by tfie Town Council
in Council assembled, either at a regu
lar or special meeting of said Council.
Sec. 6. That on and after the pas
sage of this Ordinance, it shall be un
lawful for the Mayor or any other
member of the Town Council of the
Town of ( Clinton or any employee of
the said Town of Clinton to employ
any person or persons in any depart
ment of the Town of Clinton in any
capacity whatsoever, without first be
ing duly authorized to make such em
ployment or to engage such perpon or
persons by the Town Council of said
Town in Council duly assembled,
either at a regular or special meeting
thereof.
. $
Sec. 7. That on and after the pas
sage of this Ordinance, it shall be un
lawful for the Mayor or any other
member of the Town Council of the
Town of Clinton or any employee of
the Town of Clinton to pay or cause
to be paid any bills or invoices for
any purchases or contracts for mater
ials or supplies, salaries, wages, or
any other obligations of the Town of
Clinton without first being duly au
thorized thereunto by the Town Coun
cil in Council assembled, either at a
regular or special meeting thereof.
Sec. 8. Any person or persons vio
lating any of the provisions of this
Ordinance, upon conviction, shall be
fined not less than ten ($10.00) dol
lars nor more than..one hundred
($100.00) dollars, or be imprisoned
with or without labor, not less than
ten (10) days, nor more than thirty
(30) days for each offense.
Sec. 9. That this Ordinance shall
take effect immediately upon its pas
sage.
Sec. 10. That all Ordinances or
parts of Ordinances inconsistent with
this Ordinance be and the same are
hereby revoked.
Done and ratified by the Town
Council of the Town of Clinton in
Council assembled and their seal af
fixed this the 20th day of January,
A. D., 1925.“
self direct or through any of the heads
of departments, of the Town of Clin
ton, of apy materials, supplies, of
equipment necessary for carrying on
the work in the various departments,
Provided: That no purchase so made
shall exceed r one hundred ($100.00)
dollars in amount.
Sec. 6. That the Street Superinten
dent be and is hereby authorized, sub
ject to the approval of the Mayor, to
employ such labor as is neesasary for
carrying on the work in his depart
ment, and to replace such labor. Pro
vided: That the aggregate amount to
be paid such labor so employed shall
not exceed one hundred seventy-five
(M75.00) dollars per week.
Sec. 7. Be it further resolved:
That the Water and Light Plant Sup
erintendent be and is hereby authori
zed, subject to the approval of the
Mayor, to employ and to replace two
firemen, Provided: The remuneration
to be paid such firemen so employed
or replaced shall not exceed in aggre
gate one hundred and thirty ($130.00)
dollars per month. And the said
Water and Light Plant Superinten
dent is further authorized, subject to
the approval of the Mayor, to employ
weekly and day laborers and to re
place the same, Provided: The^pggre-
gate amount to be paid for such day
or weekly laborers does not exceed
seventy-five ($76.00) dollars per
week.
Sec. 8. Be it further resolved: That
the City Engineer, either himself or
through his overseer, W. L. Lynn,
ORDINANCE PASSED MEET
ING OF COUNCIL, TOWN OF
CLINTON. JANUARY 20TH,
1925, AND RESOLUTIONS
PASSED THEREUNDER.
STATE OF SOUTH CAROLINA,
COUNTY OF LAURENS,
TOWN OF CLINTON.
An Ordinance to prescribe Roles
and Regulations for Meeting of the
Council of the Town of Clinton; to
Prescribe the Rules for Purchsaing
Material and Supplies and Payment
for the Same for and by the Town pf
Clinton; to Prescribe Rules and Reg Il
lations for the Employment of Police
men and Other Town Employees and
to Prescribe the Manner of Paying
Salrsies, Wages and Other Expendi
tures of Said Town.
Be it Ordained by the Town Coun
cil of the Town of Clinton, S. C.. in
Council Assembled:
Sec. 1. That, on and after the pas
sage of this Ordinance, there shall be
a regular meeting of the Town Coun
cil of the Town of Clinton- on the
first Monday of each month, at such
hour as may be determined upon by
the Mayor; Provided: That when said
regular meeting shall be a legal holi
day, the meeting for such month shall
be on the Tuesday next ensuing after
the first Monday.
Sec. 2. That: Four members of the
Council shall constitute a quorum of
said Council, and no action on any
matter relating to the affairs of the
Town of Clinton shall be taken by
said Council without a quorum being
present, zither at a regular or special
meeting.
Sec. 3 That: The Mayor, or Mayor
pro tern in the absence of or (Usability
of the Mayor, shall call
Attest:
Mayor.
Town Clerk and Treasurer.
C. C. BAILEY.
, T. J. BLALOCK.
L. R. STONE.
S. G. DILLARD.
(Seal)
S. G. DILLARD,
Secretary of Council.
ton; to Prescribe Rules and Regula
tions for the Employment of Police
men and Other Town Employees and
to Prescribe the Manner of Paying
Salaries, Wages and Other Expendi
tures of Said Town," and amend- ,
ments thereto, and resolutions passed
thereunder at subsequent meetings of
the Council.
I herewith submit my opinion:
The Statute law pertaining to gov
ernment of municipal corporations is
contained in Chapter 51> Volume III,
Code of Laws of S. C., 1922. The
general provisions as to the laws gov
erning municipal corporations is con
tained in Article 1, Chapter 51, Sec
tions 4379-4513, inclusive. These sec
tions contain general provisions as to
cities and towns and prescribe pow
ers of municipal corporations in gen
eral. All powers conferred and duties
imposed under these sections are con
ferred and imposed upon the Town or
City Council, except those confer
red on the municipality without
reference to the governing body, and
certain sections hereinafter mention
ed.
Article HI, Chapter 51, Volume HI,
Code of Laws of S. C., 1922, Sections
4538-4556, inclusive, contain provis
ions common to towns and cities con
taining over 1,000 inhabitants, and
wherever there is any reference to the
person or body upon whom the power
is conferred, the Council is the body
mentioned, except Sections 4541 and ^
4542. These* two sections are set out*" 1
in full hereinafter.
r Article IV, Chapter 51, Volume III,
Code of Laws of S. C., 1922, Sections
4557-4567, inclusive, contain provis
ions common to towns of less than
5,000 and more than 1,000 inhabitants.
The powers and duties conferred and
imposed in these sections are imposed
and conferred upon the Town Council .
except in the sections hereinafter
mentioned.
Section 4558, headed: “Town Gov
ernment—Election of Officers—Term
—Special Provision for Blacksburg”
.—is as follows: “Said town shall be
governed by a Mayor and six Aider-
men, or in case of municipalities being
divided into wards, one warden from
each ward, who is a qualified elector
thereof, who shall be citizens of the
United States, and who shall be elect
ors who actually reside in the corpor
ate limits of said town, and have so
resided at least six months imme
diately preceding the day of election^
The Mayor and Aldremen shall be,
and be known as, the Town Council of
said town, and shall be elected every
two years, on such days, and at such
places in said town, as shall be desig
nated by the Town Council of said
town, ten days’ public notice thereof
being previously given. They shall
hold their office for two years and
until successors shall have been elect
ed and qualified; PROVIDED: The
Town of Blacksburg shall have a
Mayor and four (4) Aldermen, who
STATE OF SOUTH CAROLINA,
COUNTY OF LAURENS,
TOWN OF CLINTON.
WHEREAS: The Town Council of
the Town of Clinton In Council duly
assembled on the 20th day of Janu
ary, 1925, passed an Ordinance enti- monthly imtJto., .exceed
tied: “An Ordinance to Prescribe
a special
1 meeting of the Towq Cornell of the
Town of Clinton at any time upon re
quest of any two or more members of
to
Rules and Regulations for Meeting of
the Council of the Town of Clinton;
to Prescribe the Rules for Purchasing
Material and Supplies v and ^Payment
for the Same' for and by the Town of
Clinton; to Prescribe Rules and Regu
lations for the Employment of Police
men and Other Town Employees and
to Prescribe the Manner of Paying
Salaries, Wages and Other Expendi
tures of Said Town,” and,
WHEREAS: The Mayor of the
Town refuses to sign said Ordinance:
NOW, THEREFORE, BE IT RE
SOLVED BY THE TOWN COUNCIL
IN COUNCIL ASSEMBLED: That
S. G. Dillard, Secretary of Council, a
member of said Town Council is here
by authorized and instructed to affix
the seal of the said Town to the said
Ordinance, and any and all members
of said Council requested to sign said
Ordinance; and,
BE IT FURTHER RESOLVED:
That the said Ordinance be incorpora
ted as one of the Ordinances duly
passed by the said Town Council and
that it be published in “The Clinton
Chronicle,” together with resolutions
passed this the 20th day of January,
A D., 1926, and with the opinion of
City Attorney as to the validity of
said Ordinance and resolutions passed
thereunder.
Psseed by the Team Council of the
Tews of Cliatea, S. C, tkla the 20th
4*7 f* January, A D* 102*.
Ottered by: T. J. BLALOCK.' ‘
Seconded by: L. R. STONE.
subject to the approval of th« Mayor, 1 shall he elected from the qualified
voters of the town at large.”
Section 4544, Volume III, Code of
Laws of S. C., 1922, provides that
City or Town Councils shall have full
power to make, ordain and establish
all such rules, by-laws, regulations
and ordinances respecting its roads,
streets, markets, police, health and
order of said city or town as shall
appear to them necessary and proper
for the security, welfare and conveni
ence of the said city or town, or for
preserving the health, peace, order
and good government within the same.
Section 4388, which is contained in
the Article making provisions general
to all towns over 1,000 inhabitants,^
contains practically the same provis
ions as to conferring powers upon the
Town Council to pass Ordinances and
resolutions regulating the affairs of
the town.
Section 4541 contains provisions
common to towns and cities of over
1,000 inhabitants, and provides that
the City or Town Council of such city
or town shall have power to elect one
of its Aldermen Mayor pro tempore,
who shall be vested with all powers,
duties, responsibilities attached to the
office of Mayor during the temporary
absence or disability of Mayor, or
when the office of Mayor shall be and
become vacated by reason of death,
•resignation, - removal ' dr permanent
disability of the Mayor until a new
Mayor shall have been elected and
be and is hereby authorized to employ
and to replace the necessary labor for
the work carried on under the direct
ion of overseer, W. L. Lynn, Provid
ed: The aggregate amount to be paid
such labor or hel|) does not exceed
two hundred ($200.00) dollars per
week.
Sec. 9. That the Mayor and Town
Clerk and Treasurer of said Town of
Clinton be and are hereby authorized
and directed to issue checks for the
payment of the pay-roll incurred by
the gang employed and working under
overseer, W. L. Lynn, not to exceed
two hundred ($200.00) per week.
Sec. 10. That the Mayor and Town
Clerk and Treasurer of said Town of
Clinton be and are hereby authorized
and directed to issue checks to pay:
The weekly street pay-roll not to ex
ceed $175.00; to pay the light and
power 'plant pay-roll weekly not to
exceed $75.00; to pay five (5) police
men not to exceed in the aggregate
$525.00 monthly; to pay Street Sup
erintendent $100.00 monthly; to pay
City Engineer $333.33 monthly; to
pay W. L. Lynn $100.00 monthly; to
pay rodman for City Engineer John
son $115.00 monthly; to pay water
and light plant Superintendent $150.00
monthly; to pay two (2) engineermen
and one (1) electrician at power plant
a^.,, total—
$335.00; to pay Town Clerk and
Treasurer $100.00 monthly; to pay
Mayor’s salary of $100.00 monthly; t5
pay each of the Aldermen monthly
$5.00.
Sec. 11. Be it further resolved:
That all resolutions passed at meet
ings of the Council on January 10,
1925, and on January 15, 1925, per
taining to the purchase of materials
and supplies, employment of labor or
engaging of other employees, and the
payment for material and supplies
and other obligations of the Town of
Clinton be and are hereby rescinded.
Passed by the Town Council of the
-Town of Clinton, this the 20th day of
January, A. D., 1925.
Offered by: T. J. BLALOCK.
Seconded by: C. C. BAILEY.
OPINION
Clinton, S. G., Jan. 20, 1925.
TO: THE TOWN COUNCIL
of
THE TOWN OF CLINTON, S. C.:
Gentlemen:
I have been requested to give an
opinipn as to the legality of the Ordi
nance passed by the Council on Janu
ary 5,, 1925, entitled as follows: “An
Ordinance to Prescribe Rules and
Regulations for Mooting of tho Coun
cil of tho Town of Clinton; to Pre
scribe Rules and Regulations for
Quorum; to Piuocribo tho Powers and
Duties of tho Mayor and Members of
&
Purchasing Supplies and Psyntsht
for tho Boom for tho Town of din-
qualified.
Section 4552, headed “Council Meet
ings” is as follows: “The Mayor shall
have authority to summon the Aider-
men to meet in Council for the trans
action of business pertaining to the
corporation whenever in his judge
ment it may be necessary.”
Section 4399 provides that the In-
tendant or Mayor of cities and towns
of this state shall have the powers
of Magistrates in criminal cases with
in the corporate limits and police
jurisdiction of their respective cities
and towns.
Sections 4399-4411, inclusive, con
tain provisions as to the jurisdiction
of the town in trying criminal offen
ses against the ordinances of said
town, and provides for the creation
of a Recorder’s Court and his juris
diction and powers. The jurisdiction
of municipal corporations in criminal
matters, both as laid down in the Sec
tions referred to and others, and un
der the holdings of the Courts, is
limited to the enforcement of Ordi
nances passed by the Town Council.
And, as hereinable recited, the Town
Council is limited In passing Ordi
nances only by the laws of the state.
Constitution of 8. C., 1896, Article
8, Section I, headed: “Organisation
and Classification of Municipal Cor
porations” is as follows: “The General
Assembly shall provids by general
law for the organisation and classifl-
• '*" ■ i ..
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