Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1880-07-22
Tho Poll Tax Question.

COLUMBIA, July 1o.-Judgo Hudson
to day rendered decision affirming dccis.
ion made by Judge Ficklng somo weeks
since in regard to the constitutionality of
Section Of the Supply Act of 1879 so.
The case arose before the trial justice upon
the refusal of three gentlemen of this city
to pay their poll tax, aud they were sen
tenccd to pay fire of ten dollars or be
imprisoned in Jail thirty days. The grounds
for tho appeal substantially were (l) that
Section of tho aforesaid Act was rcpug-
nant to Section 90 Article II of the Con
Stitution. (2) Because tho penalty for
non payment of this is also repugnant TO
the same section, inasmuch rs it provides
that no person shall DO imprisoned for debt
except in case of fraud.
Judge Hudson says that if in the sense
of the Constitution tax be debt, whctllor
levied upon property or tho poll, then
clearly the Legislature has no right to pre-
scribe Imprisonment ns n punishment for
its non payment. But if it be not debt in
that sense, then it is in the power of the
Legislature to prescribe this tcnulty, as it
is conceded that in no other section or ar
ticlc in the Constitution can be found
inhibitions restraining the lawmaking
power.
The chief daty of every citizen is to obcy
the laws and to contribute to tho support of
the State. That contribution is not voluntary
bbt but is imposed by lcvying tnxos upon property
Ehis tax is not q debt in the ordinary nor
legal sense Of the word 1t is not matter
Of contract. It arises neither cr contractw nor
ca dclicto. Neither by express province, by
implied agreement nor by wrong inflicted.
1t is simply II demand made Of its citizens by
the State to bring forward each his share
government, which demand tho citizen has
do option nor choice in responding to. but, if
recnsant, can he compelled TO obey by oil tho
sovereign powers Of the land With no lees
power could State live. The taxing powor
Is inherent in sovereignty, and its compu lsory
enforcement is essential to government
The appeal is dismissed aud tho Judgment
OF the Trial Justice affirmed.
The decision caused considerable comment
here among all classes, and tho belief is on
teraincd that it will not DO carried to tho
Supreme Court.
COLUMBIA, July 16.---The damage to
tho Pcnitcntia:y wall, which was blown
down by the gale of last week, has been
fully repaired, and work was commenced
to day upon tho manufacturing hall build
ing.
Tho Commissioner of Agriculture has
received an addition to his already interest
ing stock of mineral specimens iu box of
oyster shells and phosphate deposits derived
from the bed of I4ynch's River, in the
upper edge of Darlington County. The
bed is supposed to be incxhaustable and
aud tho specimens sent will bo
subjected to examination by tho State
chemist. 1t is thought to bo singular that
oyster shells in such quantity should bo
found so remote from tho coast, and tho
other specimens closely resemble tho phos
phato rocks found in Colleton, Charleston
and Beaufort Counties. Another curiosity
which will be preserved, was presented BY
gentleman of this city, consisting of por-
tion of IN car OF cora Of this yaar's growth,
with row of oat grains or hoads fully do.
vclopo1, growing from tho cob between two
rows Of grains Of corn,