The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1869-08-26
The hIFaIgit ginp EailrOas Election
and Tex GU sion.

ers OF this county, on me pSNtlOu Q!
sundrv citizens, asking that an elec
ton be ordered in the townships of
Pigeon Centre and Scott on the ques-
ton Of levyi0g tax in aid Of the
pr posed Evansville & Indianapolis
Straight Line Railroad. It appears
that the power of the Board to order
the elect o. prayed for was called IN
question. because e. as alleged, the fuil
extent of tax has already been levIed
fer aid to the Evansville. Carml q
Paducah Railroad, being the two per
cent. authorized by the act OF the
last General Assembly. But the
attorneys and friends of the Straight
Line Road contend that the tax for
the Carmi Road was a county, and
that their petition contemplates
township tax By the several townships
named; and that it is within the pow
er OF the Board, if authorized by the
voters eff the townships. to levy the
additional two per cent. township tax.
The Commissioners, in order to act
intelligently upon the subject, very
properly referred the legal question
to two eff our most able lawyers, and
their opinion, published in the JOUR
NAL yesterday. is unequiyocally given
that the Board hare no po1oer to
order the election prayed for" On
the other hand the attorneys for the
Straight Line Road file an opinion
that the election may be ordered and
the township tax legally levied.
Here, as often happens, learned
lawyers differ as to the Construction
of a statute. 1t is for the Board Of
Commissioners to decide which opin-
ion they will follow. Ia the one case
It is the opinion Of legal gentlemen
selected by them to advise on ques-
ton of Law. 10 the other, it is the
opinion of either the attorneys of a
corporation or the friends OF an en-
terprise, anxious to secure the Sl4O,-
600 askedfor. We think. there can
be no question as to the course the
Commissioners ought to pursue, I'M
der the circumstances Asa personal
question between them and the legal
gentlemen whom they selected to ad-
wise them, after having solicited the
opinion It would be condemnation
of their own Judgment and an expires
ion of want of confidence in their
ownlegaf advisers net TO follow the
view Of the.laR as giveH.by Messrs.
Iglehart andDenby
But there is a Beighter reason why
they should pursue stli5 course. It
would be, at the1best, a doubtful ex-
ercise Of authority to order, the cleo
tiou asked for. Under the circum
stances, If the election should result
in favor of the tax, and the two per
cent, levy should be made, there is no
question that the wealthy tax payers,
who are able to employ attorneys,
would resist The collection of their
assessments; while the poor men and
the mass of the people would he com
PEELED to pay their taxes. Our usual
and ordinary city, township, county
and State taxes are to be the coming
year as heavy as the average levy;
and to this IS to be added for two
years tax of one per cent. for the
Carmi Road. We think, with this
burden of taxation resting upon the
people, it is clearly not the duty of
the Commissioners to add to it aEo.h-
er heavy levy, unless their legal power
to dose is unquestioned. While there
Is a disposition on the part of our
citizens - do all that is possible, to
push on improvements and build up
the city, it is a serious question wheth-
.er we have not already as great a rate
Of taxation as is prudent. There is Q
point beyond which taxation becomes
a prohibition upon progress, an OPP
preston to trade, and an exclusion OF
capital seeking investment.
There is another reason why we
think it would be advisable for the
Commissioners to follow the advice
of their attorneys. IF they decline
to order the election, and the petit
TONERS have confidence in the opin-
ions of their attorneys, they are not
without their remedy. They can i'm
mediately apply to the Courts for q
maada8lus requiring the Commits
sioners to order the election, and the
proper construction Of the statute
can be settled at an early day. BY
consent of parties the cause can be
passed upon by the Supreme Court in
time to hold the election AID make
the levy, if that tribunal decides that
the Commissioners have the power,
under the statute, as contended by
Straight Line Road attorneys, to levy
a railroad tax Of four per cent. In
this way the question can be settled
II advance of an election and levy:
and if the Courts decide that the four
per cent. tax can not be assessed The
county will be saved from the ex-
pense Of the election, and tie peonle
from the excitement Of discussion
and the annoyance and litigation of
an illegal tax levy.
@Ez.laHzlEzHE-nzzzarzzzza
We print communication this
morning, entitled Church ". State.
The design of its author seems to b
to counsel moderation to all partie.
who feel any interest in the onarst;or