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

The Circuit and Supreme Courts of this State
have sustained the Constitutionality OF n rail-
road tax, and thus actually giving n bare ma
jority OF the citizens OF any community the
right to deny to their n~cishbors the Consti-
tutlonal right to claim the exemption Of their
homestead from levy and sale for the benefit
Of an alleged railroad-no matter how vision.
nry the scheme may be.
Although we have in Charleston q striking
example Of the bllghting Influence ofn heavy
debt. get In the face of this fact, certain of our
citizcns-the majority Of whom we believe
nre stockholders and are therefore exempt
from tue taxation which they propose to levy
upon us-are making strenuous efforts to In.
volve the property Of our own in 4 grcatdcbt
for an alleged railroad to Aiken.
It Is with unfcigned qualification that we
note the fact that our honorcd citizen, Hon.
S.umuc' MCGOWAN, Associate Justice of the
Supreme Court, has filed a dissenting opinion
against the ConStitutionality Of the overrid-
ing of the citizens right to claim his Consti-
~1ut,oaal right of exemption OF the homestead
fron levy and sale for the benefit of n railroad
We say that we believe the stockholders,
who are urging the levy Of this tax, are ex-
snpt from any part OF Its burden from the
fact that they subscribed to the capital stock
of the Atlantic aud French Broad road, with
the express condition that they should be cx.
rnlpt to the extent Of their subscriptlons-or
should be allowed credit for the same. That
exemption and that right was recognized In
the Act of Consolidation. But the law under
which this tax is proposed to be voted upon US
10y tho stockholders and their friends, does
not recognize this ri2htof the stockholders to
exemption. 1t was useless TO waste time and
space In printing ii. The Constitution of the
Limited States provides hat no State shall
pass any law 'impaiiing the obligation OF
contracts" and that instruments gives to them
nll the protection that they need IN securing
their right TO exemption.
by allowing the stockholders credit for their
subscriptions about iTo-thirds of the proper
~ OF the town will have to pay the entire tax
of five per cent. on a sunl equal TO the whole
Of the assessed value OF tho property Of the
town Of Abbeville.
1t will thus be seen that those Of us who do
not want the road will have TO pay between
seven and eight per cent, while the original
stockholders will be taxed only Ave per cent,
and that five per cent. viii be discounted by
" suUSSl iltlOio AiiCL tllcS NOluuluIliS ptIQ
years ago.
If the town had gotten credit for the sub
scriptions already made. the assessment on
the unwilling citizen would have been no
more than 1t would have been OIL the stock
iroIda who will get credit for his previous
subscriptions.
The Constitution Of our W State directs
that there shall be q "uniform and equal rate
Hf assessment and taxation" If the Courts
enforce the collection OF $500 from the town
OF Abbeville while the property of the stock
holders Of the road are exempt. the taxation
upon us and our property will be anything
else than "uniform aud equal"
II 1t Is said that the stockholders will not
claim their right to exemption, We would re-
ply that such promise has not, so far rs we
have been informed, been put In writing, and
in such shape us TO be OF binding force against
them and their property.