Simons v. City Council of Charleston

This matter, heard by permission in the original jurisdiction of the Court, is- a controversy without action, under Section 668 of the Code of 1932, being submitted upon an agreed case containing the facts on which the controversy depends.

It appears that the city council of Charleston has no special authority, under the charter granted it in 1783, for constructing, operating, and maintaining a waterworks system, but that this corporate right is given it under Section 5 of Article 8 of the Constitution and Sections 7280 and 7327 of the Code of 1932. Pursuant to the authority so given, some…