Town Council v. Pressley
Supreme Court of South Carolina
Before Witherspoon, J., Berkeley, February, 1889. This was an appeal by Benjamin C. Pressley to the Circuit Court, from a sentence of the Tow'n Council of Summerville, imposing upon him a fine for violating a town ordinance which prohibited the cultivation of a garden of more than one-eighth of an acre.
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Before Witherspoon, J., Berkeley, February, 1889. This was an appeal by Benjamin C. Pressley to the Circuit Court, from a sentence of the Tow'n Council of Summerville, imposing upon him a fine for violating a town ordinance which prohibited the cultivation of a garden of more than one-eighth of an acre. The order of the Circuit Judge, omitting its statement, was as follows: The police power of the State is far-reaching, and in the exercise of this power the legislature is only limited by the paramount provisions of the State or federal constitutions. This power includes the protection and…
1Opinion of the Court
The opinion of the court was delivered by
Mr. Justice McGowan.
The village of Summerville was originally chartered in 184-7, and the corporate authorities were “invested with all the powers and privileges conferred, and subject to the same restrictions and penalties imposed on the village of Newberry, by an act passed on December 17, 1841,” of which act section five provides as follows: “And the intendant and wardens shall have full power, under their corporate seal, to make and establish all such rules, by-laws, and ordinances respecting roads, streets, markets, public spring, and police of…
2Cases cited1 opinion
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