The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1888-03-07
A QUESTION OF LAW.
Can Townships Levy Taxes in Aid
of Railroads ?
JUDGE NORTON DECIDES THAT THEY
CANNOT.
The Decision il BASED Upon u P"ih'
OF Law. and Not Upon any Cues
lion of ENCf.

We present the full text of Judge Nortons
degree i'm the case of Jefferson Floyd ana otll-
crS who resist the payment OF the taxes lev
icd ON them in Nincty-SiN township lor inc
benefit Of the Atlantic, Grccnvillc ana west
crn Railroad. ..
of law upon which it, is based, are we'll taken.
We believe, in civil cases, rs well as III crlm-
inai matters, that the forms OF law should oe
strictly adhered to, and that no mans proper
ty should he taken from him except III due
course of law. w
If the laws are defective, then the Lcgisln,
turc should amend them. The Courts should
not bend and make their DEGREES 10 III lnlper-
Let us have at least one branch of the gov
crumcnt to which we may turn with Implicit
Holding, MS we do, that all taxation for rail-
roads is Unconstitutional and subverSlVe OIL
the best principles upon which this govern
mont was founded, we have no hesitation IN
expressing our qualification 8: the decision.
We believe, however, that the decision should
be based upon broader and more solid
foundation than the mere tcchnicality ms 10
The incorporation of the township OF Ninety
six. and we would have been glad II Judge
Norton had held :hat the railroad taxes were
unconstitutional, even II the TOWNSHIPS iau
We believe the Judge admits that incorpo-
rated towns and counties may vote tax lor
We believe no objection was held by. the
Court TO the regularity Of the election anc The
| issuing of the bonds. ~,
The foundation Tor tilaL decision lncli ilcS
| entirely in the question rs to whether town-
| ships are corporate bodies.
While we presume no man OF ordinary IN
| tellgcnce will claim that they are corporate
| bodies, yet it Is possible the supreme Court
may break down this barrier. ana make
Judge Norlon's decree Of none effect.
But, as to other matters: The bonus OF
| Ninety Six township, except l,OOO TO Hon: +.
| \. Connor, of this county, and 5000 belonging
to q citizen Of I.aurens county. are IN the
hands Of Susong & Co.. or persons outside OF
this county to whom they may have been sold
or assigned.
II Is said that some Of these bonds arc held
i'm Charleston, and that n majority OF them
are in Tennessee. ,,,,
If the bonds arc invalid the holders will be
the losers or else will have to look to others
than the tax payers of Ninety-SiX FOR thcir
payment.
The road has been graded, and the effect Of
the illegality of the bonds can In no way ci-
feet the progress Of the road or the prospects
of its completion. ,.
The validity of the 100000 of bonds recent
ly voted by the comfy OF Grecnvile for the
| benefit of the road Is not effected by Judge
| Norton's decree. He admits the validity OF
the act of counties and cities in voting rail-
| road taxes ,- -.
| Sifted down, or analysed, the decision OF
| Judge Norton in the Nnety-SlX case is only i
small crumb of comfort for the opponents Oh
railroad taxation, even though that decision
should be sustained by the Supreme Court.
TIE STATE OF SOUTH CAROLINA,