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

The Dissenting Opinion of an Able Juf1st,
Whose Righteous Judgment is In strik-
ing Contrast with the Wonderful De-
cision of a Majority of the Supreme
Court, Who Would Establish a Strange
Doctrine, a Severe Law, an Anachron-
ism Which Is in Accord only with the
Property Laws of the Middle Ages : that
the Roof can be Sold from Over Ones
Head, and Ones Bed Sold from Under
Him to Furnish Money to a Railroad
Corporation.
THE STATE OF SOUTH CAKoL1NA,
IN TIE SUPREME COURT.
NOVEMBER TERM, 1884.
Lawrence G.. Clamblce VS.. NJ. T.. Tribhlc,
Treasurer, r. j. Webb, Auditor, md The Sa'
ynnnuh Valley Railroad Company.
Nc ocan, H.. j., Dissenting Opinion.
As / can not concur In this Judgment, Its
importance makes IL proper that l should
The lands of q number Of the citizens OF An.
derson County, residing In the townships or
Nnrcnncs, Hall, Dark Corner and Ccntrcvills
of TINT County, were levied ana advertised
for sale under some process In the nature Of a
tax.cxccution issued by the Treasurer OF the
County. to enforce the collection OF certain ns.
scssments upon n subscription Totca DS q ma
IDri.y of the electors Of the said IownShil's
Respectively. to aid in the construction OF the
Savannah Valley Railroad. Tie p!aintiif IN
this action being one OF these, whose lncds
were advertised, Instituted this action, IN DC.
half of himself and n number OF n.ners ,d
Auditor Of the County and "the Snfannnn
Valley Railroad Company" to restrain ana
cnjoin the sale of their lands under the pro-
cess aforesaid. Alleging that, they never au-
the said subscrirtions-that there
was no law or tax levied pursuant to law, to
tie said levy oil sale-tiint the
charter Of the Company and the whole pro
cccdings were irregular ~ voiu, ana inc
Acts under which they were Instituted un-
constitutional. g..
The defendants answered substantially that
all the proceedings were regular ana autEor-
lied, but insisted that the Court couao hT,S
prayed for, but was prohibited rom yong 80
by the Actof December "a, 1878, emitted An
Act TO facilitate the collection Of iaxcs'-re,
Tie case was heard by Judge Wltherspoon,
who dismissed the Complaint, sayinG:,.,,.
~ am constrained to conclude ana deciuc,
property was made by defendants to collect
taxes M contemplated In section IG9 OF the
Revised Statutes, and that the COLLECTION ot
said taxes by levy and sale or plalnllH = prop.
erty cannot be enlnincd oy th,s CourE a .dIcl
ton In the premises, neither the constitution.
ality Of the Acts of the Legislature referred
to. nor the liability Of the conduct OF defend
ants, can be considered or determined In this
action &c.
From this judgment the plaintiffs appealed
on various grounds, but for cur present pur'
rose it will not be necessary 10 set out any
but the following: -.
.Bocausc his Honor erred In holding that
the Township assessments or subscription
levied or assessed on plaintiff s property In
aid of the savannah Valley Railroad were
taxes. 49,.
"Eccausc his Honor erred in holding that
the assessment and levy upon plainti1 q
property was nude by defendants 10 coiiec'
taxes.
'Hecause his Honor erred in holding thai
the sale Of plaintiffs property could not DC
cnjolned under section 269 Of the REVISED
Statutes"