Historical Newspapers of South Carolina

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

' W. • '• i w v -- ' «•. ' < ^7*“^* •. •' *- • -V ^ • * '^/jV V'>/ > THURSDAY, JANUARY St, 192S THE CUNTdN CHRONICLE, CLINTON, S. C. Xi\ , TOWN ORDINANCES AND RESOLUTIONS (Continued from Opposite Page) cation of municipal corporations. The powers of each class shall be defined so that no such corporation shall have t * any powers or be subject to any re strictions other than all corporations of the sapie class. Cities and towns now existing under special charters may reorganize under the general laws of the State, and when so re organized their special charters shall cease and determine." The general laws contained in Chapter 61, Article I, have been passed by our Legisla ture under the powers conferred in \ this Article of the Constitution. Neither the Constitution nor the laws enacted thereunder define or state the duties or powers of any indi vidual member of the Town Council, but vest the powers and impose duties' upon the Council as a body, except Sections hereinabove set forth. Aside from the Sections set forth above, our Statutes are silent as to the duties and powers of the Mayor or any other individual member of the Council. Is has been held by our Courts that municipal corporations have no powers except those specifi cally granted or can be reasonably ‘ implied in connection with the sub ject matter contained in the express ed grants Or provisions as laid down ■in the Statute#r——^ - *•> <*!"*"* It is my opinion, in view of the]™ Town Council as nlegalTr unco holdings of our Courts under these laws, that the Ordinances passed by the Town Council are in strict accord ance with the law. It is my opinion that the Town Council is the ultimate authority with- ih the town, and has full power to pass such Ordinances, Resolutions, and regulations as in its judgement it deems wise, and this is restricted only by limitations of powers conferred upon municipal, corporations within the population classification wherein the Town of Clinton comes. And so long as Ordinances and Resolutions passed by the Council in Council duly assembled are not in conflict with the laws of the State and do not assume to exercise powers beyond those con ferred upon municipal corporations, expressly or by reasonable implica tion, they are, when passed, the law of the 1 town. It is my opinion that the particular ordinances and resolu tions in question are not in conflict with any of the'laws of the State. ..No point has been raised that the Council cannot make rules as to the calling of meetings since the power has been conferred upon the Mayor to call meetings whenever, in his judgement, the meetings are neces sary. But, it is my opinion that the Ordinances in question in no 1 way vio late the law of the State as to the power of the Mayor to call meetings of the Council, and are not in* conflict inasmuch as the .Ordinances do not attempt to restrict the Mayor or in terfere with him in this particular perogative. No member of the Council has any authority as an individual to pass rules, regulations, or to issue orders^ or instructions, or to bind the town by contracts, for, employment'or other wise, except under authority specifi cally granted by the Council. It is, therefore, my opinion that these Ordi nances and Resolutions are not re strictive in character, but granting, in as much as they confer certain pow ers upon the Mayor and certain de partment heads which the Mayor and the department heads did not hereto fore have under the law. The point has been raised that the Mayor is the executive head of the town government, but it has been held by our Courts that the Constitutional provision to the effect that “the legis lative, executive and judicial powers of the government shall be forever separate and distinct from each other and no person or persons exercising the functions of one of said depart ments shall assume or discharge the duties of another," is not applicable to governments of municipal corpora tions. In view of these any many other holdings of our Courts, and in powers of municipal corporations upon the Council as a body, it seems to me that neither the Mayor nor any other, member of the Cbuncil has any execu tive powers, further than to carry out the instructions''of the Council as a body, as expressed by Ordinances, re solutions and motions, when so direct ed. The Mayor by general custom and general practice, is the officer through whom the orders and in structions of 'the Council are carried into effect. The Mayor, as such, has tib power except the powers of a Magistrate in criminal matters within the corporate jurisdiction of a town, and can only administer laws in this respect in so far as they have been duly passed by Council. It has been further held by the Courts that the Mayor has no power to pass upon the validity of any law passed by the Council, and therefore has no veto power. The power to make rulings upon any law passed by any legis lative body, whether this legislative body be the Town Council or the Gen eral Assembly of the State, is vested solely and exclusively in the Judicial Department of the State. It is further my opinion that it is a violation of the law and of the oath which the members of the Council were required to take upon assuming office, to disregard or refuse to obey any Ordinance duly passed by the Council, whether such law be con- sideraUby the particular. .member stitution; and, any member of the Council or any other person violating the laws or Ordinances passed by the Town ^ouncil are liable to the punish ment provided by law. The question has been asked as to whether the signature Of the Mayor to an Ordinance is necessary to carry the Ordinance into effect. It is my opin ion that the signing by the Mayor is merely a ministerial act, and. there fore, has no effect upon the Validity of the law. The signature 'of the Mayor to an Ordinance in no way ex presses his approval or dis-approval, but merely signifies that the Ordin ance, was passed by the Council. The Mayor does have a perfect right to express his approval or dis-appdoval as to the Wisdom of any measure, and he can so register his approval or dis approval by voting thereon, but has no veto power, neither is"it necessary for him to give his approval in' order to put the law into effect. Our sta tutes are silent as to the form and manner of passing Ordinances, but it has been held by the Courts that no special form is necessary and that Sr., Mayor, under date of January 16, 1926, sot forth below, and in view of the stand taken by tee Mayor in re gard to the ordinances and resolutions passed on the 6th day of January and amended at subsequent meeting there to, (the Mayer’s position being ex pressed in the letter referred to above, In his printed ruling and in statement at head of Ordinance passed Jan. 5, 1926, as printed elsewhere in this paper) that it was necessary to revise the original ordinance and resolutions so as to provide means of punishment for those who may violate the liws as prescribed in these ordinances. While the Council is advised by the Glty Attorney that it is his opinion that it is not necessary to re-enact the resolutions upon thfe passage of the ordinance dated January 20, 1926, but out of an abundance of precaution, we thought it wise to reinstate all resolutions passed under the first ordinance in order to prevent any pos sible chance' of it being successfully contended that the means provided in said resolutions for carrying on the ordinary functions of the town have ^not been abrogated or* repealed by the 'passage of the ordinance on January 20, 1926. The following members of Council were present at meeting January 20: J. F. Jacobs, Sr., Mayor, J. P. Carter, S. G. Dillard, C. C. Bailey, T. J. Bla lock, L R. Stone. CITY OF CLINTON J. F. Jacobs, Mayor Miss Mary Chalmers, Clerk A Treas. Clinton, South Carolina, January 15, 1925. To All Members of Council and to Heads of Departments and City Att: Mr. S. G. Dillard, Mr. R. C. Collins, Mr. L. R. Ston£ Mr. T. J. Blalock, Mr. J. P. Carter, Mr. C. C. Bailey, Mr. R. W. Wade, Mr. D. W. Mason, Chief, Mr. J. N. Johnston, City Engineer, Mr. 0. T. Lawing, Supt. W. & L. Mr. Frank Adair, Supt. Streets. Miss Mary Chalmers, Clerk & Treas. Dear Sirs: Find enclosed a copy of my ruling, opinion and proofs on the matter of recent restrictive measures, amend ments thereof and resolqtion of Council. I would be glad if you can find the time to read this ruling and opinion carefully. I believe that on careful rectneas of mine. Whether or not such action is taken; i. e. whether the Council as a whole as members ac quiesce to my .ruling and opinion, or oppose the same, I would like each msmber of Council to feel that I wish to be his friend through all differen ces of opinion^ and feel too that he can come to me, expecting my cooperation and friendly association in all of our relations on city affairs. As to the future under my ruling, while I assert the authority to meet the responsibilities which public opin ion plates upon the Mayor, which I believe are upheld in the law, and in the .necessities of the case, it follows that I do not hold the view that it is necessary for me to call in Council in consultation, on every transaction exceeding $100.00 in amount, nor in the matter of employing labor at a rate in excess of $25.00 per month, nor in acting in other matters in which the Council contemplates re strictions. But I wish every member of Council to feel free as an individual to advise me, make recommendations to me, and to come into my office and sit with me while I am conducting the business of the city, and also to feel free to suggest a Council meeting whenever in his judgement he thinks it is wise for any purpose, and in case a majority of Council members are in my office during business hours yrhile I am conducting the business of the ^ 4own. oi>-^any ■ewattar I would THREE ■WM' I SOCIETY EVENTS | OF INTEREST TO WOMEN Mrs. Larry B. Dillard, Society Editor, Tekphoae 154 PULL TOGETHER pleased for them to join in the con sultation, and take action after I have called a meeting and a majority being present, approving or disapproving of any contemplated procedure. Moreover, should any member of Council at any time desire a meeting called to discuss anything which is contemplated by the Mayor, I shall be most pleased to issue a call for such a meeting, and to subject the matter ti the discussion and to the approval or disapproval of Council, though I would not pledge to be guided by the opinion of Council in any matters that properly should be administered by the Mayor exclusively, such for instance as police matters. I will try to be scrupulous not to encroach upon the rights and responsibilities of members of Council, or any of the heads of departments or employees of the town, and I would be most pleased to have the confidence, the affection and the hearty cooperation of any and all for the benefit of the town, its progress, in the interest of economy and efficiency in administration. This letter and a copy of my opinion study you will find it to be correct. It is given absolutely conscientiously. is going to all members of Council the only requirement is that the Or-1 in the light of the law as I under-' and all heads of departments of the dihance be written in such form as to' stand it. "I government, be understood. The signature of the j To members of Council I wish to' Finally, I wish to say that I regret Mayor and Town Clerk and Treasurer, say that I regret extremely that the extremely that it was necessary to ■ * i—i—j v— —*— r — p 0 ii ce action jn order to keep or der while I was delivering my ruling is only incidental and in my opinion,' issues involved have arisen. I am would have no bearing upon the Ordi- committed to a progressive policy on nance except as a means of proof that the Council had acted upon the parti cular matters involved in the body of the Ordinance. The Town Council, as a body, nor people of the town as to what I ex pected to do, and having been elected on that platform I am pledged of course to the performance of every- any individual member thereof ha^/thing contained therein. That being any Court powers, and, cannot resolve ftself into a Court unless it be in the possible exceptfcta of an appeal from the Recorder’s Court or Mayor’s Court to the Council as a body. Therefore when in session as a deliberative body, it would have no power to pun ish anyone for contempt of Court. The question has been raised as to the validity of the Actions of the Council in the absence of the Mayor or the Mayor pro tempore. Again, ourStatutes are silent on these ques tions. It is the general custom that the Mayor is presiding officer, but, this is not a duty imposed upon him or a privilege exclusively enjoyed, and it would, therefore, follow that the same would be true as to the Mayor pro tempore. Respectfully submitted, R. W. WADE, Attorney for Town of Clinton. the platform distinctly stated to the on the matter of recent restrictive , STATEMENT It is the opinion of the members of the Town Council who voted for the recent ordinances and resolutiorts, copies of which are printed elsewhere in this paper, that in view of the let- view of the Statutes conferring the ter-recelved irom Mr. J. F.- Jacobs, my guide I am naturally impatient of impediments put in the way of car rying to completion the program de veloped junder that platform. I concede to one and all the right of forming his own personal opinion, and also the right of putting it through if he cam I do not feel un kindly towards any of those whose opinions oppose mine so long as their methods of opposition are fair and the fight they put up is just and hon orable. I therefore do not feel un kindly towards any members of Coun cil, nor the City Attorney in connect ion with recent events, and I wish to impress upon those gentlemen that fact’. The general discussions, the many meetings, involving much of excite ment, have not been good for my health, and have prevented sleep, put ting me sadly out of condition, and therefore have been a, venr serious burden to me. Nevertheless I feel no animosity in the matter. On the con- We are helped by helping others; If we give, we always get; * Seeing others as our brothers Is life’s safest, surest bet! If we give what folks are needing, It will pay us in . the end, And we just can’t help succeeding In the game of life, my friend. Cheerfulness is always catching— . Certain cure for ev’ry rile; Happiness is always hatching In the sunshine of a smile! Banish gloom, by being cheerful; Blaze the trail, and set the pace! And you’ll see expressions dreadful Swiftly t fade from ev’ry face! Life gives back just what we give it; Give^it smiles—and smiles we get; If we learn this rule, and live it, We will never know regrat; ejft cKeerfuLword-* : we’U reap it; If wiircome back Thultiplied, And will linger—we can keep it Jn our “treasure chest," inside. Get together! Pull together! Is the spirit that will win! If the gales of life we’d weather, We must buck ’em, with a grin! Help yourself by helping others; Grab an oar, and join the crew! Pull together with your brothers, And they will win the race—for you! * —James Edward Hungerford. MR. AND MRS YOUNG ENTERTAIN On Monday evening Mr. and Mrs. George Young entertained in a charm ing manner with a dinner party in honor of Miss Hazel Bethea. A color scheme of pink and white was beau tifully arranged and enhancing the beauty were pink candles in silver holders, and a silver vase of lovely carnations. Those enjoying Mr. and Mrs. Young’s kindness were: Misses Hazel Bethea, Elizabeth Young, Eliza beth Douglas, Kathryn McSwain, Myra Leaman; Messrs. Henry Brimm, Bill Jones, Frank Clarke, Clarence Owens and Curry. Three delectable courses were served. ed to hear Mrs. Grier. The Mission. Study Book selected, for this year’s study is "Ming Kwong" and is a most interesting and helpful book. D. A. R» HOLDS i f INTERESTING MBEBING On Thursday aftetnpon quite an interesting meeting of. the D. A. R. was held under the leadership of Mrs. W. B. Farr. The subject of the after noon study was: “Women *in Public Service." Mrs. Farr told of the be ginning of the Red Cross work. Mrs. D. J. Wood told of, the work of Clara Barton, and Mrs. F. M. Boland of Mabel Bordman. Delegates and al ternates were elected to the Conti nental Congress: Mrs. W. J. Bailey with Mrp. Will Robinson and Miss Annie B. Adair as alternates for re gent, and Mrs. W. B. Owens, Jr., as delegate and Mrs. J. F. Jacobs, Sr., hostesses were: Mesdames W. B. Ow ens, Jodie Chandler, R. E. Sadler aq^ E. E. Stanton, and these entertained in quite a gracious manner the fol lowing members: Mesdames P. S. Bailey, W. J.. Bailey, F. M. Boland, Rhett Copeland, Jack Davis, W. B. Farr, E. W. Ferguson, E. G. Fuller, Homer Henry, C. J. Killen, W. D. Ma son, J. M. Pitts, R. E. Sadler, W. H. Shands, JBarnie Parrott," Will Robin son, Misses Annie B. Adair and Clara Duckett. —_—a .. _ -1—u legislation. As I understand it, I was acting in a judicial capacity as head of the city government, of whom a ruling was required, and in the an nouncement of that ruling I was therefore due the same consideration which is due to a judge on the bench or to the speaker of a House of Rep resentatives, which of course in each instance wouldprequire perfect silence for a careful hearing of the opinion. I regretted that the disorders were re peated time and again, forcing me to use my authority in an official way to quell the disturbance. I was not will ing, however, that those who engaged in it should suffer by any court action. Therefore I quashed the charge and ordered the Chief of Police to tak^ no action in regard to the distur bance., I regret that it was necessary, and as the offense was purely a personal one against myself I felt that I had a right to have prosecution of the mat ter quashed without making any legal case in court. I hope that the gentle men concerned will regard that as a kindly action, as it was intended, and assure them of my friendship and consideration In the future, as in the STAG DINNER GIVEN On Friday evening W, W. Harris entertained with a lovely stag dinner at the Clinton Hotel. The banquet board was tastefully appointed and covers laid for twenty-eight guests. Dr. F. D. Jones delighted the guests with his “after dinner wit" and took as the subject oof his remarks, “The Life History of The Chronicle.” Special emphasis was laid on the ups and downs of a newspaper man. Dr. D. M. Douglas also entertained the guests. Those present were: G. H. Ellis, M. J. McFadden, L. B. Dillard, A. E. Spencer, D. M. Douglas, L. R. Lynn, W. A. Johnson, L. E. Hatton, Garvin Daniel, F. M. Stutts, Harold Flanagan, Harry Layton, E. J. Adair, F. D. Jones, J. A. Bailey, H. D. Henry B. H. Boyd, R. C. Adair, C. W. Stone, Geo. W. Young, W. H. Simpson, W. A. Moorhead, J. P. McMillan, S. W. Sumerel, C. F. Winn, B. O. Whitten and J. H. Hunter. WOMAN’S CLUB TO MEET Tuesday afternoon The Woman’s Club wiH meet Tues day afternoon at 4-o’clock. The pro gram will be in charge of the Civic Committee with Mrs. J. D. Jeans as chairman. N^* —,— o ‘—:— •DR. AND MRS. Mc-FADDEN ENTERTAIN AT DINNER \ On Tuesday evening Dr. and Mrs. M. J. McFadden entertained a few friends at dinner. Adorning the cen ter of the table was a vase of carna tions sent by the neighbors on the occasion of Mrs. MdFadden’s birth day. Those enjoying the - occasion were: Mr. and Mrs. T. D. Copeland, Mr. and Mrs. G. A. Copeland, Mr. and Mrs. E. J. Adair, Mr. and Mrs. H. D. Henry * o ADAIR-CATO ” MARRIAGE A marriage that came as a surprise to many friends was that of Miss Gladys Adair and Mr. James H. Cato. The ceremony was performed at noon on Sunday last at the Baptist pastor- ium by the Rev. Edward Long. The bride is a daughter of Mr. and Mrs. I. E. Adair and many friends are in terested in the marriage. Mr. and Mr*. Cato are both connected with the firm of Little A Denson. President Washington and General Green’s wife once danced three hours straight. Dr. Carlos J.Finlay in 1881 first offered the theory that yellow fever came from the stegomyia mosquito. trary, I have an eager desire for the! past. Sincerely yours, friendship of all my co-laborers. Ij (Signed) J. F. JACOBS, Mayor, would not consider it amiss if in the JFJ'MEN prosecution of their opinion they! p. s.—Printed copy of ruling will should-take any action-tartest the cor- be mailed to you when ready. LADIES TO HOLD STUDY MISSION CLASS On Wednesday, January 28, the ladies of the Presbyterian church will hold their Foreign Mission Study Class under the direction of Mrs. Jno. Spratt. The study will begin at ten o’clock and lunch furnished by the ladies will be served at one o’clock. At three, Dr. Nettie C. Grier of Chinq, who is quite a gifted and earnest speaker, will make a* missionary ad dress. The public is cordially invit