The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1869-09-02
Ths sIralght Llne NatIroad.

The question as teAhe legal right |
of the Commissioners to order Z cleo
ton is ono upon wbieh some of the. |
ablest layers Inthe cry differ. Messrsl
Iglehart and DENLY think the law
does notgive. the Board authority to
order tie election; and Messrs. Jones,
Parretj and Hynes are quite as posi-
tive thsE-it does. Asthe cOmmission-
ers have the opinionsof able lawyers
ID favor Of ordering Che election, and
as q majority of the heavy tax payers
of the township haze spetitioned them
to do SO, we eannot nndeTstand why
the Board should hesitate. The money
IS not 70 be paid over until the road
is completed, and .itathe assessment
should be adjudged b. the courts lille,
gal, and the tax gatherer be enjolned
from collecting it, why, we will hay
the road and our money too, ant,
there the whole Of It. Courier.
Messrs. IGLEHART and DENLY were
diSinterested- lawyers who, when CALI
ed upon, gave their opinion as to the
meaning sofathe law.G Messrs. PAR
REFT and JONES are attorneys regu-
larly employed by the Straight Line
Railroad Company t0IadEanee its in
terests in every possible way. Those
who have listened to the pleadings Of
paid attorneys IN doubtfnl cases, know
how much confidence can be placed
in their construction Of the law under
such.circumstances, It il well under
stood that usually their consiFue-
ton is liberal or literal, as 70 them
may seem best 90 .
1t is evident that the taxpayers
who petitioned the, commissioners to
order the election did so under the
impression that there lCaS no legal
difficulty az the rag. Were these
same petitioners asked to sign a petit
ton for the Gommissioners to order
the election, regardless of the mean
ing Of the law, nine-tenths Of them
would refuse to do so.
But, says the Courier, the money
is not to be paid over until the road is
completed, and if the assessment
should be adjudged by the courts ille-
gal, and the tao gatherer be enjoined
from collecting 70, why, we will have the
road and our money too, and there's
the whole ofit." TO this We reply,
there is a right as well as a wrong
way of getting into a lawsuit. Sup
pose the opinion advanced by Judge
IGLEHEART and Mr.. DENBY is correct,
Suppose, in the face Of this opinion,
the Commissioners order an election,
and the donation Of $4,000 is en-
dorsed by majority of the citizens
voting. The tax is then levied upon
all the property of the township, and
goes upon the duplicate with the
other taxes. What will be the re-
sult2 The shTewd men of wealth
will quietly refuse to pay the tax, and
tell the Treasurer to collect it the
best way he can. But, in the meant
time, the poor men of the city, not
having the means to contest long
suit with the county, will pay their
tax, burdensome as it is. The Treas
urer goes ahead, collecting all he can
from the poor men and the few who
are willing to pay, and then proceeds
to advertise the property of the rich
men, who. In the meantime, are en-
abled to secure the services of the
best lawyers for sum much smaller
than their share of the tax. On the
day of sale purchasers of tax titles
are gravely informed that in bidding
on the property, they are buying in
mammoth lawsuits, because the tax
has been levied in violation of law
The purchasers would, consequently,
back out, and the property could not
be sold without bidders. The result
Of the whole controversy would be
that the tax would never be collected.
No one knows this better than Col.
JONES. His experience in these mat
ters In prolonged contests with the
city Of Evansville ought to convince
any one of the impossibility of col.
lecting taxes on assessments Of doubt-
full legality.
We admire the shreWdness of tile
Straight Line Attorneys in their efforts
to transfer all the burdens of law.
suits, which are certain to grow on,
Of the assessment Of the tax unon
the people. We cannot say. boweve,
shatwe would have equal admiration
for thestupiditg Ct Board of vCoub
" Commissioners which should per.
NIT itself to be caught in such a tran
We insist that there is only one
proper course that the Commissioned.
can pursue, in Justice to all the tax
payers. That is,zet tie Courts deeia,
alpon the Legality of ne tar before Il !.
assessed. This can be, done BY refug
ing to order the election. The Attor
neys for the Straight Line Road viii
then seek to compel them 70 do so 1,
a writ Of uaandqnsss, and tho wIoI,
subject viii then be brougbt III,
Court and decided upon its merit.
The efforts Of the Attorneys for n,
Straight Line Road to prevent tbo i
sue from being made. squareIy. in thi
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