COX v. BATES

17704

237 S.C. 198 (1960)

116 S.E.2d 828

T. Lewis COX, individually and as a taxpayer on behalf of himself and and all others, similarly situated, too numerous to mention, who may join and share in the benefits and burdens of this action, Plaintiff, v. Jeff B. BATES, as Treasurer of the State of South Carolina, and E.C. Rhodes, as Comptroller General of the State of South Carolina, Defendants.

Supreme Court of South Carolina.

October 19, 1960.


Attorney(s) appearing for the Case

Messrs. E.W. Johnson, of Spartanburg, Alfred F. Burgess, of Greenville, Dorcey Lybrand, of Aiken, Hugh L. Willcox, of Florence, Frank H. Bailey, of Charleston, for Plaintiff.

Messrs. Daniel R. McLeod, Attorney General, and James S. Verner and Julian L. Johnson, Assistant Attorneys General, of Columbia, and Sinkler, Gibbs & Simons, of Charleston, of Counsel, for Defendants.

Messrs. E.W. Johnson, of Spartanburg, Alfred F. Burgess, of Greenville, Dorcey Lybrand, of Aiken, Hugh L. Willcox, of Florence, and Frank H. Bailey, of Charleston, for Plaintiff, in Reply.


October 19, 1960.

STUKES, Chief Justice.

In this action in the original jurisdiction of the Court plaintiff attacks as unconstitutional the law providing for the creation and maintenance of a State reserve fund and for the distribution of surplus funds to the counties for public school purposes.

Sections 2 and 3 of the Permanent Provisions, Part III, of the State Appropriation Act of 1954, 48 Stat., at pages 1676, 1677, follow:

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