The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1871-12-01
THE WRIT OF PROHIBITION.
Il FRANK DISCUSSION OF TIE
FINANCIAL QUESTION:
The FalIacies OF Reputation and the
Non-Payment OF Ta1es-A> New REM
edy-The Reasons and the Means.

Non.Payment OF TaIes-A New REM
edy-The Reasons and the Means.
TO THE EDITOR OF THE NEWS.
The papers are filed, from day to day, with
the details of the frauds committed In the
management of the finances of the State, and
with suggestions as to what course the people,
the taxpayers, ought to pursue in order to
arrest the swindlers and thieves in their mad
career. But while there. is little doubt that
there has been fraudulent issue of bonds, as
some of the executive officers at the seat Of
government themselves admit, yet confess
have seen no suggestion, or remedy, among
the many now teeming forth daily in the
papers. which, In my Judgment, Is at all ade.
uuate or competent 10 have the desired effect
In remedying the evil. The News and the
Courier, and many other papers, propose the
non-payment of taxes, and then the repudla-
tion Of all frauduently issued bonds. The
idea of not paying The taxes is entirely
impracticable; Tor to be worth anything as
matter of general relief, there must be cen-
cert OF action among the taxpayers, and none
must pay This concert of action cannot be
obtained. 1t Is even now too late, for many
are paving up every day. Even If the ay-
ment of taxes could be stopped by such vol
untary concert of action among the citizens,
it could not extend beyond the 18th of Febru-
airy next, for then the county treasurer would
collect BY levy and sale, and who could helr
himself? Does the reader believe there Will
De no one at the sales to buy? If 80, he is
mistaken. The tax collector has the light to
distrain personal property first before taking
the land, and this kind of property will al
ways be In demand, even If II does not bring
t. t. a
and his taxes, with costs and penalties, are
paid without his consent. As 10 the land, one
reason why there have been 70 few purchasers
of land at county treasurer's sales is that that
officer is required by law to sell enough OF
the land from the northwest corner OF the
tract to pay the taxes, and 1t not unfrequent!y
happens that, where party suffers his lands
up Of swamps, ponds or something OF that
sert which reader 1t entirely unfit for any
use, and hence the owner is glad lor the State
10 take 1t off his b ,nds. But this would not
be the case If sales for non-payment of taxes
were to become general; besld' 8, IN the case
OF city or village property, the whole lot, with
buildings thereon, would be forfeited to the
State IL offered lor sale and no bids were re-
ceived.
Reputation, in any shape or form, is a
measure we, who are out of power, need not
now discnss. 1t is waste OF time. We can
effect nothing upon the subject. This Is for
the party in power to do, and while there Is
no doubt that there Is feeling among the
negroes In the Legislature In favor Of repudla-
ton, yet there is no doubt but the white
members, and other executive officers. will
have sufficient influence now, as In the past, to
keep them In subsection and under control
Ia this connection the Courier says: "2e-
ject the fraud by refusing to pay one single
dollar OF principal or interest of these illegal
a,,pn nj
is certainly very singular, If 1t be addressed,
as suppose 1t Is intended to be, to the tax
payers of the State, form would imply that the
taxpayer, when he pays his taxes, may desig-
nate, or direct, what Is to be done with his
money by the government-that ls to say, that
he may pay one public debt and reject another.
The language used would be very suitably ad-
lodged the power Of distributing and appro-
prlaiing the money raised by taxation but as
the Legislature would PROBABLY be deaf to
any such advice, it.is useless to speak 10 that
body, and hence the proposition ofthe Courier
is worthless, 80 far as any practicable good
can come OF 1t.
absurd than those before referred to, is to en-
Join the Legislature from Issuing any more
bonds, This proposition, Ibelieve, was origin
ated BY the Columbia Phoenix, but l see that
the Courier and other papers adopt the idea.
They were certainly led astray by the perfect
ness of the remedy, so far as the future is con-
tlcability. agree with the Views you express
on this point In your issue of to-day, and will not
use up more space upon the subject, but pass
on to the remedy / propose. What is that
remedy? Ny proposition is to pay no more
taxes, but to do 80 only In accordance with
law. Do so only by authority, and then no
penalties nor costs, no sales OF properly WIN
hu q ~
court, II an honest Judge can be found
to appeal to, for the writ OF prohibition TO re-
strain the Slate auditor and county commits.
sioners from collecting the lakes now growing
due, on the ground that they are unconstitu-
tional.
In making this application to. the court,
these are The prominent provisions OF the
constitution which should be- referred to:
Article 1, section SO says: "All property sub
lect to taxation shall be taxed in proportion to
its ualue." Article II, section 33: SAL lakes
upon property, real and personal, shall be laid
upon the actual udlue. of the property taxed,
as the same shall be ascertained by an assess
nsent made for the purpose Of laying said tax"
Article TX, section l, provides that
for q uniform and equal rate Of taxation, and
shall prescribe such regulations as snall secure
a just ualuation for taxation Of all property
&c.
Now, are the present taxes uniform and
equal? Has the General Assembly provided q
regulation that SECURES O just valuatlon of all
property? know two men who live near each
other, with lands adjoining, whose property Is
the same In quantity and character, and whose
taxes differ as do the numbers twenty-five and
seyenty-five. Is 1t q '.just valuation" to have
land which would not bring twenty-five cents
per acre either at public or private sale, as
sessed for taxation at four dollars per acre
Yet this is the sort of 'sregulatlon" the
general Assembly, has prescribed"
But these Irregularities, which no doubt ex-
ist all over the state, may be too local and too
variant in the different counties to help us
much when the system Of taxation Is to be
attacked as a whole. The clause of the con.
stitution, therefore, upon which l would
manly rely, under the present emergencies,
Is section 4, article 8, which is in these words:
.sNo td1 shall be levied except il, pursuance
of O. la,o ,ohich shall distinctly state the object
of The same, to which object such tax shall be
With an honest. Judge upon the bench, this
provision of the constitution Is sufficient for
our present purposes. II Is emphatlcally pro-
vided that "no ta1 shall be levied except in
pursuance of law which shall distinctly state
the object OF the same.n If there be any law
which states The object Of the levy now being
collected 1t is more than 1 have been able to
find The Legislature, at the last session,
having concluted to change the time OIL co..
lecting taxes from March 10 November, simply
passed a resolution authorizing the State au-
ditor to levy and cause 10 be collected a lax
moi exceeding seven (7) mills TN dollar on
all taxable properly in The State. and the