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CLAY v. THORNTON

18958

253 S.C. 209 (1969)

169 S.E.2d 617

Cecil D. CLAY, Felix C. Davis, Miner W. Crosby, Charles R. Webb, Albert W. Hudson and R. Woody Rogers, Petitioners, v. O. Frank THORNTON, Secretary of State of South Carolina, Robert W. Turner, Pete B. Adams, Ben T. Austin, III, W. Earl Beard, Sr., W.W. Taylor, Jr., Eugene R. Ott, and John E. Moon, Respondents.

Supreme Court of South Carolina.

September 3, 1969.

Attorney(s) appearing for the Case

Messrs. Gedney M. Howe, Jr., and Sinkler, Gibbs & Simons, of Charleston, for Petitioners.

Messrs. Hans F. Paul, and James E. Gonzales, of Charleston, and Berry, Lightsey, Gibbes & Bowers, of Columbia, for Respondents, other than O. Frank Thornton.

Messrs. Daniel R. McLeod, Attorney General, and C. Tolbert Goolsby, Jr., Assistant Attorney General, of Columbia, for Respondent, O. Frank Thornton.

September 3, 1969.

LEWIS, Justice.

The question to be decided is whether the provision of Section 47-353 of the 1962 Code of Laws, which permits a proposed city or town of over 5,000 inhabitants to be incorporated upon the consent of only a "majority of those voting" in an election held for such purpose, is unconstitutional as conflicting with the provisions of Article 8, Section 2, of the Constitution of this State...

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