The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1886-01-27
Wednesday, Jan. %, 1886.
The Narrow Gauge.

No friend of the new marrow gauge necq r pe
alarmed by the contest in CokeSoury. Inc
hest and soundeSt legal advice ootainaole IN
Inc township elections are to be held requir-
ing the production of registration certlficates
hy voters. The election III Abbeyilie village
10 which the Press and banner referred In the
article recently republished in the Netrs. was
regulated by the town charter which requires
ali voters in the town to De registered III
book kept for the purpose.
In the township elections In Anderson ana
Abbeville, some of which have gone before
the Courts aud been sustained, voters were
not required to produce their certificates.
The charter under which the elections for
subscriptions 10 the narrow gauge are held
gives ample security to property by requir-
ing that the elections shall be ordered only
after the majority OF tie real estate oWneIs
have asked for thcn,.
Let the people 90 to the polls and vote lor
the peoples raiirosd, to be built oy ana lor
the people and to be managed In their lnter.
Influences. DO not let anybody trouble you
by talk of registration certificates. carry
your certificate with you, II you nave IL, W re-
move all possible objections and prevent any
talk. II you have none, go anyhow. your
vote will be counted. The attempt 10 Tug
something into the law that is not in 1t Is
1oolishness.-GreenriNe NeWS. 2lM.
Since the elections are over, we presume 1t
is not umiss In us to exchanged word or two
with our good friend of the Greenuiue Ne'rs,
after he assumes to speak of the legal status
of the contest. The Ne,cs speaks of the "best
and soundcst legal advice" in Greenville, and
thinks there Is nothing to alarm the friends
OF the road.
Admitting that the election was regular there
is a constitutional question involved in the
voting of five per cent. in twenty year bonds
on the township. BY recent amendment TO
the constitution no corporation, township or
county, is allowed to vote a debt of more than
eight per cent. Five per cent. IN twenty year
bonds, including the interest on them,
principal and interest, make all amount In ex-
cess of the amount allowed by the Constitu-
ton OF the State. How will the Ne,rs get over
this difficulty, unless he does like our Legls'
lators and overrides that trifling document
Hut admitting that the election was regular
according to law. and that the constitu-
tional amendment Is not in the way, there is
yet lion in the path. In the able dissenting
opinion Of Judge McGowan In the case OF the
State against Chamblee, he shows most clear
" that at least cue member of the Supreme
Court believes that railroad taxes are uncon-
stitutional.
The contestants in the Cokesbury township
will carry this case to the Supreme Court on
the unconstitutionality of the law authoriz.
ing the election-being the first case of the
kind which has been brought squarely before
the Court.
When 1t is known that sixteen ofthe States
of the Union have declared that railroad taxes
are unconstitutional, and when it Is known
that Mt least one member of the Supreme
Court Of our own State Is opposed to this mon
strous act Of railroad corporators seizing the
property of private citizens for their own use
and benefit, there IS at least a reasonable
ground upon which to base hope that there
is virtue enough in our Court to stand be-
tween the defenceless citizen ard the rail-
road corporations which will be compelled to
stand back and keep their hands off his prop
erty.
The opponents of this tax, we believe, are
in earnest We further believe that the day
is not distant when the most enthusiastic
railroad builder will thank their neighbors
for saving them from SO great calamity as
twenty year bonds.