The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1869-08-25
TIE STRAIGHT LINE R4ILROAD AND
COUNTY COAMISSIDNEkS.
Legal opinions from Both sides.
ACTION. POSTPONED UNTIL SAT
JRDAT MEX

Yesterday was set apart by the
County Commissioners as the day on
which they would take action in re-
gard to ordering an election in Pigeon
Township, to take the sense of the
voters on the proposition to appropri
ate $4,000 to the Evansville & In
dianapolis Straight Line Railroad
The Commissioners. in order to work
understandingly, submitted the mat
ter to Colonel Charles DENLY and
Judge Asa Iglehart for their legal
opinion, which vas adverse to the
appropriation. Speeches were made
before the Commissioners by Judge
Jones, Judge Parrett, and Major
Blythe Hynes, in favor of
the order !or au election. In the
course of Judge Jones remarks, he
spoke about the Evansville. Carmi &
Paducah Railroad, and made some
statements which Robert A. Hill fels
it was his duty to reply to. The Com
missioners adjourned about eleven
o'clock in the morning, and agreed to
give their decision by ppm. When
the Board assembled, Judge Par
rett fled a counter opinion to the one
submitted by IgleEart and DENLY, but
two of the Commissioners thought
that they could net legally order the
election. At the urgent request of
Judge Parrett, further action was
postponed until Saturday, August %,
in order TO afford chance for further
legal opinions from disinterested par
ties.
The following is the section Of the
law governing railroad appropriations,
and under which the Commissioners
fsoI tboy lave no right 70 order an
election:
g No county or township shall be
authorized by the provisions of this
act to appropriate for railroad pur-
poses, or to raise by taxation for such
purposes, to exceed two per centum
upon the taXables of such county or
township, in any one period OF two
years"
The following is the opinion of
Messrs. Iglehart and DENLY:
To the Board OF Commissioners OF the
County OF Vanderburgh:
Your honorable body has submitted
to the undersigned, for a legal opinion,
the question whether il Is at this time
competent for you to order an cleo
ton TO take the sense Of the voters in
Pigeon Township, ia said county, for
or against an appropriation 10 aid Of
the Evansville & IRdiaDap3 lis Rail-
road.
Your records show that in this
month Of August, 1869, az election |
was had by your order, submitting to
the voters Of the whole county the |
question Of an appropriation of two |
per centum upon the taxables of said |
county in aid of the Evansville, CaTmi |
& Paducah Railroad; that the vote /
was taken, and majority of the
voters voted In favor Of the appro- /
priation. The law (Sec. y, D. 80,
Acts 1869 makes your duty impera-
tive to levy q special tax Of one per
upon the real and personal
property III the county IN June, 1870,
in aid of said Evansville, Carmi
& Paducah Railroad; and to repeat
the levy IN June, 1871. In Section
-, page 80, same act, you are forbid
den to appropriate to railroad pur-
poses, or to raise by taxation for such
TO exceed two per centum
upon the taXables Of the county or
any township thereof. in any one pc
Rod OF two years. Thus, by Section
Il you are required to levy two per |
3entum. and hy Section 10 you are
expressly forbidden to exceed that
sum. No power IS given to the
townships seVeTally to appropriate
money to railroad purposes, or to levy
/ tax. All power Of levy and apprO-
lriation is given to the County Boards
our body cannot levy a tax of more
han two per cent. upon the property
# any township IN any one period of
Wo years, any more than XOu can levy
greater tax upon the whole county |
n the same time. The county is only
n aggregation of the townships. !
There then being no power, according | !
0 our view of the law, to levy a tax to ]
i'd any other railroad except the !
Evansville, Carmi & Paducah Rail
cad, Ia the coming two years,
be question Is whether the
]ounty Board should order an election c
D take the sense Of voters upon some
hing which they are forbidden to do,
ven though the vote should be fav-
rable to the proposition. This Is 1
asily answered. The law will not
nforce any one to do a thing which
i'll be vain and fruitless." |
Our opinion is that you have no
over to order the election prayed.
Respectfully submitted.
Asa IGLEHART,
CHAs. DENNY.
COUNTER OPINION. o
D the Board of Commissioners OF Wander II
burgh County G.
No county or township shall be e.
lthorlzed by the provisions Of this 4
It to appropriate for railroad pur- p
0ses, or to raise by taxation for such G
lrposes, to exceed two per centum
pom the taxables Of such county or
Wnship, in any one period Of two
.ars." Counties and townships are *
cognized by the language Of this a
elton as separate and distinct
operations, and for manv
lrposes- every one knows they are .
oh. Neither one of these CORPORA
ons can take over two per cent. but p
ither Of them can take the .Yo ner
Mt. The prohibition is upon each n
naratelg, and not upon both Jointly