The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1885-05-27
Wednesday, May 81. 1885.
The Tax.

We believe the stockholders OF the alleged
>aiiroad To Aiken nrc almost Il unit for the
fax. This strong corporation together with
tine friends whom they may Induce to :"
with them. will make a formidable array Of
voters u, their side, AMI II is therefore tho
Jjty o( every citizen to vote against the
rrrros.tion If he he has the welfare OF the
town at heart.
Ne hope that the rights OF those who are
opposed to this tax may be considered.
Many citizens are unable 10 pay tribute L"
this corporation and earnestly look to you
to save them from the taking OF their money
from them by force. We hope that disintcr-
cStcd persons may not join the party VINO
seek to take our money against our Will. We
hardly think that you would claim that II
Is 4 %bc!.hborly act TO lend your aid TO q
rnrporation that would Ovcrpower US. ana
deny to us our constitutional right to SAC
4uirc, hold, and transmit property
The Constitution of the state says That "all
Courts shall be public, and every person, fur
..any injury that lie mag rcccirc in his tntls,
..1oods, or reputation, shall have remedy by
'due course of law" but this wise and just
provision of the organic law Of the land, by
II strange concurrence of the legislative ana
judicial departments OF the government, have
completely set aside this sacred shield, anu
exposed the property OF the citizen TO inc
bower of n majority OF his nciShoors VINO
may seek to possess themselves OF q portion
of his money for the benefit of nh alleged
railroad. of which they may be stockholders.
Asa question of constitutional right, they
have no shadow Of prcteNt TO AXE our prop
crty, except such as is conferred by might.
AS question of morals, we presume the act
will bear but one construction.
Mr.. Bcnct in his recent argument before the
Supreme Court, said:
AT the votes OF a local majority can deprive
Ckamblcc OF his land. can they not with cqnai
right deprive him or ms iiocrt! - ~.
IAN II he argued that his cucrcire cOntritu-
ton to the Savannah Valley. Road corfoIa-
zion is Lawrence Chamhiecs snare Oh tIc
rNpcns. OF his protcction:' Say rather, u IS
inUr,cy proposed to be wrung from MIN tS II
species communism not less nniotclE because
tiicke I'll out in the wrappings OF the law.
Again The same able lawyer, in speaking 81
taxation for railroad purposes, says:
"Stransc doctrine. severe law, on anachron-
ism Which Is in accord only with the property
laws OF the Middle AScS-that the ruol can
lie sod from over ones liead. ana ones Dcu
be sold from under him TO furnish money TO
4 railroad corporation.
Mr.. Bcnct in further support of his views
says:
.Suci o doctrine would unsettlc the fonnda-
ton of private rights. The citizen would no
longer own his property In fee simple put
hold It as Il tenant ut the Will OF n majority
of the local community in which he Is Sit
uatcd.'
Mr.. Bcnct further says:
Judge Cooley exposes the fllacy OF the az
ynu,cnt that Il railroad iSa public highway
u doctrine which, by the Duke OF Wellington,
,rho wns Il rery good soldier Gt " poor W"ye'
ana Stafcxnit:h.'
The opponents OF this tax, have no ONCE
ton TO others invcstin. their own money In
their their own road, but we object TO their
1crcibly taking from us our money under the
forms Of law 10 invest In their road.
While VIC believe there can be no doubt MS
to the unconstitutionality of q railroad tax,
and while we contend that the Act under
which 1t Is proposed to levy this tax. Is un-
constitutional In the further fact ti.Ht the
I'tuxation Is not equal" we feel that we can
seek no protection from the Courts. Our only
safety rests in not surrendcring ourselves
into the power of any corporation-corpora'
rions are said TO !be s%oullc>s, and we know
that they are mercileNs, when they can get
the machinery OF the Courts to enforce their
demands.
We ask YOU not to surrender us into the
hands of those who seek to take our money
from us by force, under the form OF law.