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EX PARTE TIPTON

17179

229 S.C. 471 (1956)

93 S.E.2d 640

Ex Parte B.F. TIPTON, Intervening Petitioner-Appellant, In re SHERWOOD SMITH, Plaintiff, v. ED B. SMITH, E. ROY STONE, JR., MRS. D.A. TILLINGHAST, JOHN DRAKE, C. DOUGLAS WILSON, L.E. BROOKSHIRE, TOM TURNER, LEON CAMPBELL, L.M. GLENN, Constituting the Board of Trustees of Greenville Memorial auditorium District, and JOHN P. ASHMORE, BELTON R. O'NEALL, J.A. BARRY, ANSEL M. HAWKINS, Constituting the County Board of Commissioners of Greenville County, Respondents.

Supreme Court of South Carolina.

July 3, 1956.

Attorney(s) appearing for the Case

Messrs. Rainey, Fant, Brawley & Horton, and Wyche, Burgess & Wyche, and Haynsworth, Perry, Bryant, Marion & Johnstone, all of Greenville, for Intervening Petitioner-Appellant.

Messrs. Leatherwood, Walker, Todd & Mann, of Green ville and Sinkler, Gibbs & Simons, of Charleston, for Defendants-Respondents.

Messrs. Rainey Fant, Brawley & Horton, and Wyche, Burgess & Wyche, and Haynsworth, Perry, Bryant, Marion & Johnstone, all of Greenville, for Intervening Petitioner-Appellant, in Reply.

July 3, 1956.

LEGGE, Justice.

The essential issue here involved is whether or not a certain proposal to amend Article X, § 5, of the Constitution of South Carolina was properly submitted to the voters in the general election of November 2, 1954.

Article X, § 5, imposes two limitations upon the power of a municipal corporation to incur bonded indebtedness, viz.: (a) that its bonded debt shall not exceed eight per cent of the assessed...

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