Power v. McNair

Lewis, Justice.

This action for declaratory judgment was brought for the purpose of determining whether the simultaneous holding of the office of a city policeman and a commission as a State constable without compensation would constitute dual office holding within the meaning of Article 2, Section 2, of the South Carolina Constitution. We find no justiciable controversy and therefore dismiss the appeal.

The plaintiffs are the chief of police and a patrolman of the City of Laurens, South Carolina. The pleadings and the stipulated facts show that, in the performance of their duties in enforcing…