Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1883-08-30
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THE ROAD LAW PROBLEM.
Il ASENSIBLEREVIEWO OF SENATOR BUTLER's
THEORIES
Pee Dee Index, August II.

ASENsIBLEREVIEWo WoFSENATOR BU BUTLER's
THEORIES.
Pee Dee Index, August IA.
On our first page, this week, is published
Senator Buffers last letter, in which he gives
his views as to what is necessary to have an
effective highway system. When Senator
Butler undertook this difficult problem it
was hoped, on account Of his extensive in
formation, that he would be able to make
such practical suggestions that the Legisla-
ture, acting thereon, might frame more
effective road law. AS much as it may be
regretted, it must be admitted, that in this
he has failed. While he has contributed
some valuable information on the subject OF
public highways, and has explained in fine
English the inefficiency of thepresent high
way system in this State, a fact OF which the
wayfaring man cannot beignorant yet the
law proposed and the manner Of raising the
tax for working the public highways, is sub
ject to serious objection. The constitutional
objection that no additional poll tax shall
be imposed seems fatal to his plan of raising
a revenue to work the roads, although Sen
ator Butler stated, when heread the essay at
Marion, that he had considered this Objec-
ton and it would not hold. This, how
ever, is clearly mistake, as the language
of the constitution leaves no room to doubt.
IF this were not the case, the imposition of
an additional poll tax for the purpose Of
working the public highways would be a
great injustice. One of the glaring incOnsis-
tencies of the present law is, that property,
real and personal, which derives the greatest
benefit from good public highways bears no
part of the burden for their construction and
repair, while labor, which owns no proper
ty, and may need nothing more than a foot
path, has to construct and repair the high
ways. The man who owns his thousand
acres, many mules, horses, wagons, carts,
carriages and buggies, whose vehicles cut
up the public road carrying his produce to
market, whose pleasure carriage rolls over
it day by day, and whose lands are enhanced
in value by every improvement upon the
highway, has to contribute no more to keep
that highway in repair than the humblest
laborer, who ekes out a scanty living at fifty
cents per day, and may not travel the high
way but once during the year, and that with
his bare feet. Besides estates, non residents,
women and property owned by persons not
between the ages of Is and 45, in this State,
while enjoying the advantages of public
highways contribute nothing to their sup
port. That such law has existed 80 long
inspires respect for it's age, but the progress
of the times writes its doom. Senator But
ler's scheme would not only retain this tea-
ture, but increase the burden on the non
property holder by an additional poll tax of
one dollar. The net result would be that
the element that owns no property whatev-
er, and as illustrated above, have very little
need for public highways, would have to
work his three days on theroad and pay his
one dollar road tax besides, while no more
than this sum could be exacted from the
largest property owner in the land. Such a
scheme certainly has neither craftsmanship
or equity for its support. Far better to let
the road law stand as it is than to fling this
hornets nest into the politics of the State.
A more equitable and practical scheme, it
strikes our mind, would be either to repeal
the present law and work public highways
by direct taxation, or to supplement the
present system with small tax on property
The first is open to the objection that il
would relieve the nOn-property holder OF
contributing anything to keeping up the
public highway and would increase the tax
on property already grievous to be borne
While this is true it must be remembered
that the property holding element of oul
society will suffer taxation, while the non.
property holding element will not, except
to a very limited extent. 1t must also be
admitted that such a law would not be sc
inadequate as that now in force, and it
would be efficient. One of the decided OBJ.
jections to the present law is, that the re.
sponsibility for working the roads is divided
among 50 many until it is difficult to reach
any one for failure to work as required by
law. This could all be avoided by raising
fund for working the roads by taxation
creating county road commissioner, who
shall give bond for the faithful discharge OF
his duty and be amenable to the county
commissioners for any neglect of the same.
A law modelled after this scheme could be
made efficient and give us chain of high
ways throughout the State, that would be
in keeping with the civilization of the age
and the progress of the times.
The other scheme suggested would be to
amend the present law by paying the su-
pervisors of highways and levying small
tax on property to supplement the work
provided for by the present law. The
weakest link in the present system is, that
the county commissioners are to appoint
supervisors of highways for each township,
who in turn shall appoint overseers and par
eel out the hands, &c. Now if man accepts
the appointment of supervisor he shaU serve
for one year, and is subject to heavy penal
ties if he fails to discharge his duty, yet no
compensation whatever is provided for him
except exemption from road duty. The re-
onerous task of looking after the roads in a
township, dividing them in joints, appoint
ing overseers, parcelling out hands, making
a report in writing once every three months
to the county commissioners, taking the
risk of suffering fine or imprisonment for
any slight omission of duty, while he re-
ceives no compensation for his services.
The further effect of this is that the county
commissioners are not disposed to enforce
the law against the men who by hard beg
ging they get to accept an Office in which
there is much responsibility, but no pay.
If these supervisors were paid they would
be held to strict accountability, and they in
turn would enforce the law against defaulting
overseers and hands. There is no defect in
the efficacy of the law to punish those who
refuse to discharge their road duty all the
difficulty has been in the manner of its eX-
ecution. If the supervisors Of highways
were paid, this difficulty would be in a large
measure obviated, and this has been, to our
mind, the weak link in the present law
ever since it's enactment, and in this view
we have the concurrence of the present and
previous board of county, commissioners.
However, if the present law was made eff
cient by this amendment it is doubted if
sufficient work could be done in the time
provided to keep the roads in thorough re-
pair. This could be supplemented as above
of a mill, raising, say in this county, about
$1,000 which might be expended under SUI
pervision of the county commissioners, upon
the different highways until they would
become in few years the pride of our peO-
pie. Besides, this scheme would distribute
the burden of keeping up the highways
more equitably between labor and capital.