Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1880-02-05
The Canal Act.

Our first article on this subject was written
with the view of giving our readers clear
insight into the provisions of the act and the
probable benefits likely to flow from it to the
material interests of our State. We did not
desire to see them arrayed by what we
deemed epeoious arguments, against wieo
measure in our judgment, but desired to put
before them the facts and lot them judge for
themselves. Our article evoked reply and
in our last we promised to say few words as
to certain objections to the bill not yet an
swered. We are fearful our readers are
weary with the discussion and will be brief
Our friend objects to tho bill on the ground
that it is unconstitutional. This is a question
for the courts and the fact that it passed the
Legislature. largely composed of lawyers. is
strong argument for its constitutionality.
They would not openly violate tho constitu.
ton, by passing an act clearly in violation of
it's provisions. Not q few acts Of the Logis-
lature ore so closely balanced that the deci>
sion of the Supreme Court, though often
arbitrary in its opinions, is necessary to settle
the validity Of snch acts. WITHOUT Discussing
the question We may then say this is doubt
ful question with weight in favor of its con.
stitntionnlity by reason of its passage by the
Legislature. We said wo believed it was
constitutional, for the Act of 1873 directs not
an exemption from taxation Of manufacturers
but that the State Treasurer shall pny on the
warrant of the Comptroller General to manu-
facturing companies annually an amount
equal to the taxes paid by such companies
Wo care not to reason frem, analogy as 70 the
decision In the Air Limo Road, or any other
ol.se, for the question stands on higher and
different grounds and until decided unoonst-
tutional It mast be ebeyed and respected by
the people.
Without discussing this question further,
for it IL q more matter Of opinion, we call
attention to the fact that tho Canal Act did
not in terms propose to exempt this company
from taxation, the 10th Section merely con-
ferring on the company the Same rights and
privileges conferred on similar companies by
the not to aid and encourage manufactures.
approved December Goth. 1873. We belie.e
apnrt from the 10Th Section the company
would have enjoyed these privileges, rs the
act is general and remains in force until
repealed. but in comforting special priSilcges
on this company foe consideration this
section was doubtless introduced to avoid all
doubt or question. Now the act referred to
has been on our statute books more than six
years; number Of companies in tho State
have established factories md enjoyed it's
privileges and hundreds of thousands of
dollars are now invested here under it. Du.
ring this time our friend has been in tho Senate
four years and up to the Canal Act wo have
to hear tho frat intimation from him of it's
unconstitu tionality, and this comes not in the
form of an effort to rspeal the obnoxious act,
but to prevent its application to this enter
prise. Should he not three years ago have
sought its repeal "a representing the
constitution and his constituents It's
force and validity has not before been
questioned, and if it be said this is a
matter for the courts, then let all factories
havc equal rights to its provisions and like
interest in sustaining it before tho courts.
TO let the act stand and others enjoy it's
benefits, while refusing them to this company
is truly unequal and unjust and violative of
pure Democratic principles.
Is the oct unjust and unequal? In one
sense it may be, but cot IL the sense referred
to by our Senator, for tho State bns contri-
buted it's millions in aid and furtherance of
railroads where it has not given anything
towards developing its manufacturing int.
rests while the latter are moro valuable and
require moro encouragement. Railroads
facilitate trade and commerce and in this
way increase the value of property in their
neighborhoods. but factories become fixed
centres Of wealth and population which radi.
ate their benefits in every direction. With
us they are now enterprises and need encou-
ragement by reaaon of the large investment
Of capital in them mt the North and tho
o o'naequent competition. The water power
at Columbia has no eqnal in tho United
States and onco developed with tho staple
grown here. cheap labor and provisions and
favorable climate, factoriea must become