The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1895-10-19

Centre into all Parts OF the County
and Nothing of Permanent Value
wouii Re Accomplishment the
Adoption of the Objectionable Law
Bay be Prevented.
RALEIGH, n. c., Oct. 10
To the Editor of the News and Observer;
Standing somewhat in loco PARENTS to
the Raleigh township road law, | may
be more or less biased in its favor, but
it seems to be generally approved by the
tax payers and it has served a good pur-
pose, not only in bringing about the
permanent Improvement of the main
thoroughfares leading into the city, but
also in educating public sentiment
among the people of the whole county IN
favor Of good roads. This latter has
been demonstrated by the universal ap.
proyal, 10y the people in the annexed
strip, of the action of the last Legisla
ture in extending the Raleigh road dis
trict one mile in every direction. 1t is
plain that the best method of improving
a radiating system Of roads is from the
centre outwards The work done here
at the centre is to the advantage of the
people OF he WUOle county
Now, this law is endangered by the
proposed new county law, which is to be
voted on November 9Th. Lawyers differ
as to the effect of its adoption, but some
hol that it would repeal both the gen
eraI road law and the Raleigh township
law. But admitting that it would not
repeal our township law it would surely
interfere with its operation. Human
nature continues very much the same
notwithstanding the Christening infiu
ence of the hard times, and while the
people outside of the present road dis
triet would pay their pro rata share,
they would be surs to demand that the
roads in their neighborhood be worked.
The clamor would probably be more than
the Commissioners could resist, and,
in order to meet the demands upon
them, they would scatter the work
80 as to try to give every
body taste and accomplish nothing
of anv permanent value, while at
the same time, the good work now being
done would be retarded by the
removal of the conyicts to other
sections, and the final result would be
general dissatisfaction on the part of
everybody. Much more on this same
line could be said, but it is only neces-
sary to call attention to the fact that
our taxes would be increased Is cents on
the 500, and 45 cents on the poll. On
general principles am in favor OF work
ing the public roads by taxation, and
have always been a consistent advocate
of increased taxation when demanded
for niece >sary public improvements. But
| am opposed to this because believe it
would do more harm than good to the
cause of good roads in Wake county.
Now, how are we to prevent the adop-
ton of this Objectionable law By reg
isterIng to-day or next Saturday and ac-
tualiy voting against it on November 8.
1t seems to be the general impression
that the votes of those who stay at home
will be counted against it, in other
words, that majority of the qualified
voters will be necessary to adopt. Bat
such is not the case. Section 3 of the
proposed law saws: THAT if a majority
of the votes cast Gtalics mine) at the
said election shall be for adoption of
road law and the declaration of this
result shall be made by proper authority,
tax shall be levied, &c" In very
learned consultation on this point with
one of our ablest lawyers, he referred
me to the opinion of Chief Justice Smith
in Evans VS. Commissioners, 80 N. O.,
154. This opinion is so exactly to the
point. that even at the risk of imposing
upon your space, shall take the liberty
of quoting those portions that
are Immediately pertinent. The
point in the case was the
validity of tax for free bridge over
the Cape Fear River, near Fayetteville,
voted on under special act of the Leg
islature, when majority of the votes
cast, but not of the qualified voters, was
in favor thereof. In regard TO this act
the Chief Justice. says: Section 5, 80
far as It's provisions relate to the present
inquiry, is in these words. If il shall
appea that a majority Of the votes cast
at such election were for free BRIDGE
then said board of county commissioners
shall certify, &c.
In regard to the powers of county and
other municipal corporations to levy
taxes, contract debts, &c under the
constitution, he says; ''The inhibition
put upon them is contained in article z,
section Z, which declares that, mo
county, city, town or ADLER municipal
corporation shall contract any debt,
pledge it's faith or loan its credit, nor
Shall any tax be levied or collected by
any officers Of the same except for the
necessary expenses thereof, unless by a
vote of the majority of the qualified
voters therein
'It only required that an approval be
obtained from majority of the quail
fed voters before contracting debt, or
levying fax when the fund is for other
than the necessary expenses of the
county or other corporate body.
1.-THE inquiry then, is whether the
construction of new or the purchase of
"a existing bridge for the free transit of
people over the waters of the Cape Fear
can be deemed a necessary expense with
in the meaning of the exception.
THE subject is so well considered in
the opinion of the late Chief Justice, de-
livered for the court In Brodnax vs..