{ "id": 11269664, "name": "TOWN OF HENDERSONVILLE v. J. H. JORDAN", "name_abbreviation": "Town of Hendersonville v. Jordan", "decision_date": "1908-12-22", "docket_number": "", "first_page": "35", "last_page": "39", "citations": [ { "type": "official", "cite": "150 N.C. 35" } ], "court": { "name_abbreviation": "N.C.", "id": 9292, "name": "Supreme Court of North Carolina" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "16 Mich., 283", "category": "reporters:state", "reporter": "Mich.", "case_ids": [ 1945562 ], "opinion_index": 0, "case_paths": [ "/mich/16/0283-01" ] }, { "cite": "86 N. C., 357", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11274021 ], "opinion_index": 0, "case_paths": [ "/nc/86/0357-01" ] }, { "cite": "142 Mo., 255", "category": "reporters:state", "reporter": "Mo.", "case_ids": [ 984757 ], "opinion_index": 0, "case_paths": [ "/mo/142/0255-01" ] }, { "cite": "102 N. C., 465", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8649970 ], "opinion_index": 0, "case_paths": [ "/nc/102/0465-01" ] }, { "cite": "146 N. C., 356", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11271299 ], "opinion_index": 0, "case_paths": [ "/nc/146/0356-01" ] }, { "cite": "101 Am. St. Rep., 825", "category": "reporters:state", "reporter": "Am. St. Rep.", "opinion_index": 0 }, { "cite": "63 L. R. A., 870", "category": "reporters:federal", "reporter": "L.R.A.", "opinion_index": 0 }, { "cite": "45 S. E., 1029", "category": "reporters:state_regional", "reporter": "S.E.", "opinion_index": 0 }, { "cite": "134 N. C., 125", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11272681 ], "opinion_index": 0, "case_paths": [ "/nc/134/0125-01" ] }, { "cite": "148 N. C., 120", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 11269372 ], "weight": 2, "opinion_index": 0, "case_paths": [ "/nc/148/0120-01" ] } ], "analysis": { "cardinality": 447, "char_count": 9310, "ocr_confidence": 0.492, "pagerank": { "raw": 4.2822985323331153e-07, "percentile": 0.91609877641515 }, "sha256": "f76cbc04dacee991f11ed5bf2f8bc9376264a36fd22f4f65c27ab25e0a541930", "simhash": "1:24cadecef6f3af56", "word_count": 1574 }, "last_updated": "2023-07-14T18:55:20.077008+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "TOWN OF HENDERSONVILLE v. J. H. JORDAN." ], "opinions": [ { "text": "Hoke, J.,\nafter stating the case: In Commissioners v. Webb, 148 N. C., 120, the Court held: \u201cThe decisions of this State sanction the position that the costs of maintaining the streets to the extent and in the manner required for the well ordering and good government of a town is a necessary expense, and that an indebtedness incurred for such a purpose does not come under the prohibition of section 7, Article YU, of the Constitution, which forbids a municipality to contract a debt, pledge its faith' or loan its credit, etc., except for the necessary expenses thereof, without a vote of the people. Fawcett v. Mt. Airy, 134 N. C., 125; 45 S. E., 1029; 63 L. R. A., 870; 101 Am. St. Rep., 825.\u201d\nAnd this being true, the question presented will be determined chiefly by the construction and effect of the statutes applicable to the case. And in reference to the manner of holding municipal elections, canvassing the returns and declaring the result, etc., the general law as to municipal elections (Revisal, sec. 2944) provides: \u201cThat all elections held in any city or town shall be held under the following rules and regulations, except in the cities of Charlotte and Fayetteville and the town of Shelby, N. C., and in certain enumerated counties,\u201d the town of Hendersonville not being included in the exception. This general law, therefore (Revisal, Title VII \u2014 Election, etc.), and the charter of the town, as contained in Private Laws 1901, ch. 97, when it is not inconsistent with the general law, contain the statutory regulations controlling the matter. Wharton v. Greensboro, 146 N. C., 356. Referring, then, to these provisions of the statute, it appears that this election was properly held finder the charge and supervision of a registrar and two judges instead of three, and that the registrar is not required to be a freeholder. Eevisal, sec. 2958. This is certainly a correct position as -to the number of judges, and if it were otherwise as to the qualification of this registrar the objection at most is only an irregularity; and in the absence of any claim or evidence that substantial harm has come of it the authorities are to the effect that such an exception should not be allowed to invalidate or affect the result. DeBerry v. Nicholson, 102 N. C., 465; Sanders v. Lacks, 142 Mo., 255. And as to the place where the election was held, the general law (section 2946) clearly contemplates that the polling place should be fixed by the governing authorities of the city or town; and while these places are, as a rule, of the substance (McCrary on Elections, sec. 141) and should be established and fully advertised, the facts indicate and the judgment embodies a declaration that the place was designated and fixed by the commissioners, to-wit, at the town ball, a public place in the town, and was fully advertised as required by law.\nOn the remaining objection urged to the validity of this contemplated bond issue, that a majority of the qualified voters of the town was required, the charter provides expressly in reference to this election that the result shall be determined by \u201ca majority of those voting on the proposition\u201d; and the issue being for a necessary expense of the town, and not within the constitutional restrictions as to municipal indebtedness, the statute law, as stated, controls the question (Commissioners v. Webb, supra, and authorities cited) ; and a clear majority of those voting having approved the measure, the necessary authority for the issue has been established.\nThe testimony shows, and the finding of the court declares, \u201cthat the suggestion of illegal votes does not amount to enough to change the result of the election, provided only a majority of those voting is required to approve the proposition submitted.\u201d And, further, \u201cThere is no suggestion of any fraud in the election or in counting and reporting the votes or in declaring the result,\u201d etc. It is well established with us that \u201cthe results of an election will not be disturbed because of illegal votes received or legal .votes tendered and refused, unless that number be such that the connection would show a majority for the contesting party\u201d (Deloatch v. Rogers, 86 N. C., 357), and this is the generally\u201d accepted doctrine. People v. Cicott, 16 Mich., 283.\nThere is therefore no valid objection shown or suggested to the validity of the bonds offered to defendant, and the judgment below is\nAffirmed.", "type": "majority", "author": "Hoke, J.," } ], "attorneys": [ "McD. Ray and Busbee & Busbee for plaintiff.", "W. A. Smith for defendant." ], "corrections": "", "head_matter": "TOWN OF HENDERSONVILLE v. J. H. JORDAN.\n(Filed 22 December, 1908.)\n1. Cities and Towns \u2014 Bond Issue \u2014 Necessary Expense \u2014 Streets and Sidewalks \u2014 Vote of People \u2014 Constitutional Law.\nThe cost of maintaining the street of a town, to the extent and in the manner required for its good government and well being, is a necessary expense; and an indebtedness incurred on that account, without first submitting it to a vote of the people, is not forbidden by Article VII, sec. 7, of the Constitution.\n2. Elections \u2014 Cities and Towns \u2014 Bond Issue \u2014 Statutory Requirements \u2014 Private Laws.\nThe regulations as to holding elections in the town of Hender-sonville are contained in the general law on the subject (Revisal, sec. 2958), and the charter of the town of Hendersonville (chapter 97, Private Laws 1901), where the same is not in conflict with the general law; and when, under the provisions of the general law, a bond is.sue was authorized by the vote of the people of that town, under the charge and supervision of a registrar and two judges, the same is valid.\n3. Cities and Towns \u2014 Bond Issue \u2014 Registrar a Freeholder \u2014 Requisites \u2014 Substantial Harm \u2014 Interpretation of Statutes.\nAlthough the law applicable should require that a, registrar of voters in an election held for the purpose of submitting the question of a bond issue to the people of a town should be a freeholder, the objection that he was not one is only an irregularity, and in\" the absence of any claim or evidence that substantial harm has been done it will not invalidate or affect the result.\n4. Cities and Towns \u2014 Bond Issue \u2014 Vote of the People \u2014 Polling Places \u2014 Requisites.\nThe fixing and advertisement of the polling places is of the substance in an election to be held by the voters of a town; but when the judgment appealed from establishes the fact that they had been fixed and advertised as required by Revisal, sec. 2945, applicable in this case, it will be sustained on appeal.\n5. Cities and Towns \u2014 Bond Issues \u2014 Vote of the People \u2014 Majority Vote \u2014 Statutory Requirements \u2014 Constitutional Law.\nWhen the statute under which an election upon the question of issuing bonds by a town declares that the result shall be determined by \u201ca majority of those voting on the proposition,\u201d and the issue is for a necessary expense and not within the constitutional restrictions as to municipal indebtedness, the statute controls the question as to their validity.\n6. Same \u2014 Fraud.\nTlie tact that some illegal votes have been east in an election to determine the question of an issuance\"bf bonds by a town will not affect the result, in the absence of fraud, unless it is made to appear that otherwise a majority of votes would have been cast for the contesting party.\nActioN beard before Ferguson, J., at November Term, 1908, of HgndeRson, a jury trial having been formally waived.\nDefendant appealed.\nIt appeared that defendant had prepared, ready for delivery, $18,000 of corporate bonds, for the purpose of raising money to pave certain streets and sidewalks of the town, the issue having been sanctioned and approved by the voters of the town at an election held to determine this question; that defendant had made an offer to buy the bonds at a specified price, and, the offer having been accepted by plaintiff, defendant resists compliance, alleging that the bond issue is invalid.\nThe court held that the proposed issue of bonds was legal and valid, and gave judgment for plaintiff, whereupon the defendant excepted, assigning error as follows:\n\u201cException No. 1. That the court should have held that the law required that there should be three judges, as provided by section 1, chapter 97, Private Laws 1901, appointed to hold the election, and that his Honor\u2019s holding that two judges were sufficient is error, to which ruling the defendant excepted.\n\u201cException No. 2. That the court erred in holding that it was not necessary for the registrar of voters for said election to be a- freeholder, to which ruling the defendant excepted.\n\u201cException No. 3. That the court erred in holding that the law did not require said election to be held in the county courthouse, and that the same was lawfully and regularly held at the town hall, where the mayor holds his court, to which ruling the defendant excepted.\n\u201cException No. 4. That the court erred in holding that it was sufficient at said election for the majority of- the qualified voters who voted at said election to carry the proposition and authorize the improvements specified in the proposition, and the court should have held that it was necessary for a majority of the qualified voters of said town to approve said proposition. To this ruling of the court defendant excepted.\u201d\nThe facts established presented the questions indicated in these assignments of error by defendant.\nMcD. Ray and Busbee & Busbee for plaintiff.\nW. A. Smith for defendant." }, "file_name": "0035-01", "first_page_order": 79, "last_page_order": 83 }