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

We present the dissenting opinion OF Judge
tIc(iuwan in the case Of Chambicc against
Tribbic.
II is an able decision, ard In every way
worthy OF the Judge who hocors the Bcnch
upon which has sat some of the ablest men
that South Calolina has ever produced. Judge
MCGOWAN has written many opinions which
have commended him to tic favorable opiI-
ion of the Bar and the people, and 1t Is TO be
hoped that his useful life may long be spared
TO protect them from the Cncroachmchts OF
the Legislative department vi lie St'lc,
which would place us ut the mercy OF the
Stockholders of Il railroad corporation, thal
seeks to take from us our money, and which
would sell our homes AMI our beds In default
of answering their demands. His valuable
life is needed to shield us from Legislative
connivance Mt the unjust demands OF those
who would break down the safeguard when
the constitution throws around the property
and the rights OF the humblcst cit!zcn-cFch
against the cucroachmcnis OF a railroad
%stockho!dcr who would ~overrower und take
from us our money and tramplc under loot
our dearest rights.
As n question Of morals and Justice we are
Obliged to think that the Gprisht clt'Zea s
s,.i,sc of fair dealing must be offended at the
idea of a majority of the people taking the
nropcrtv of others for the use OF the stock
holders OF q railroai corporation. 1hl"
Legislative mnckcry which prctcnds to sane
tify the act OF the majority OF the people III
confiscating the property OF their he'Shoors
for the benefit OF n railroad is an offence, not
only against justice, but in direct violation
of the organic law of the land, which suar;if-
tees equal protection to every citizen. by
what equity of reasoning can the minority he
deprived of the right to hold property? BY
what right can you commit an act which Will
deprcciatc the value OF q ncighhors property,
and involve him in n hopeless debt:
We need more such Judges MS McCiowan, to
save us ard our property from the Snarcs
which may be set for Us by legislative en-
actmrnt, whereby VIC may be left at the me-
cy of q voracious railroad corporation.
Put your hand On yGur heart, and answer
us II to your God, If the casting of your vote
against the property OF your ncighhor, is not
q moral wrong, and q violation Of one Of the
cardinal doctrines of Christianity? If you
can answer that you can do this great wrong
with q clear conscience, then we leave tho
matter will o
II you can lay your hand on your heart,
aud, as an upright and conscientious citizen,
cast your ballot in favor OF allowing n rail.
road to absorb 4 portion of the property Of
tho dead. aud authorize 1t to seize q part o:
the orphans ra~triinony, then we arc power.
less to move yOu.
If YOU have no respect for the rights or the
property Of the struggling poor, and would
levy tribute from the widow ami tho distress
cd, then ii is not for us to appeal to you.
Can you take in your hand the ballot that
would authorize the railroad to apply lynch
law to our property? We hope not.
Let our people read the decision Of Judge
MCGOWAN and then, If they can, vote TO give
The Carolina, Cumberland Gap and Chicago
Railroad the right to sell our homes and our
beds. If they are So anxious to get Il railroad
to Aiken that they would sell the homes and
beds of our people to raise money for it, then
we arc sorry indeed.
While every citizen must respect the neigh.
Dor who has decided convictions on this or
any other subject, yet VIC Imagine that few
men could be found who respect the creature
who merely seeks to cast his vote with the
m:Jority, Irrespective Of the rights Of others.
We would say. that we huvc now done
about all that we can to ave the town from
the evil consequences OF Il great debt. VIC
have tried to preserve the property of the
citizen safe to him whose right 1t is to dispose
of 1t. In doing this we have I ed to speak
to the subject, without giving otrcnce to any
one. We ave strong convictions. If wc
had more energy and more ability, we might
have accomplished more.
Let every registered citizen vote at the
election, and let him vote according to his
convictions.
Let every man act fairly.
The c%ontending factions are neiglbors md
friends, and each individual should net with
every other individual in such q way as to
leave no necessity for q day Of judgment after
the election.
Trusting in the justice of our cause, and In
your sense Of right, We leave the matter with
you.