The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1915-06-02

vaars shall be
required annually to perform labor
on the public highways, under the
direction of the overseer of the road
district in which he shall reside, in
the various counties as follows:
(twenty-four counties being named
and the others not mentioned.)
Section 1876 provides: Except in
the counties of Abbeville ---------
the following persons shall be ex-
empt from road duty" Other Sec
lions of the law with relation to
Highways recognize the requirement
that the persons named are liable to
road duty. The fact that the num-
Der of days is not fixed for Abbeville
and other counties certainly will not
be held to exempt the persons liable
from the performance of labor other
wise definitely required by the stat
ute.
Now the legislature had a right to
fix the number of days or the amount
of communication tax which should be
paid by each person liable; or it
had the right to require the labor,
and to put the roads and the working
of the same in the hands of the Su-
pervisor and sub-superivsors. Where
ever the legislature has fixed the
amount of communication tax or the
number of days, this is final. Where
the amount of the communication tax
or the number of days is not fixed,
however, it does not follow that the
Supervisor, or county board, cannot
fix the number of days or an amount
to be paid in lieu thereof. The fact
that general supervision of the roads,
and the working of the same, is in
the hands of the board necessarily
gives the board the right to accept
a sum in lieu of the labor to be per-
formed. The statute does not re-
quire the personal services of the
parties liable to road duty; but on
the other hand it provides that SUBJ
stitutes may be employed by the par
ties liable. Why cannot the county
commissioners contract to hire a
substitute for each person liable to
labor at a certain price to be fixed?
A great many persons have already
paid one dollar in lieu of this labor,
believing that the old law still was of
force. The county supervisors have
a perfect right to retain this money
in lieu OF that labor, if they elect so
to do; and they have the same right
to contract with every other person
liable to road duty to take so much
money in lieu of the labor to be per-
formed, and tor undertake to provide
substitutes with the money thus col
iected.
If we are correct in this, and of
that we have little doubt, then moth
ing should stand in the way of COL
lecting such amount as shall be fixed
by the Board. or of requiring the
number Of days labor which the
Board will require, the number of
days not being fixed by the Code of
1912. Therefore, the matter is
not surrounded with any real diff
Guilty. Most people liable to road
duty will prefer to pay a reasonable
amount rather than be forced to
work the roads at inconvenient sea-
sons. Those who do not desire to
pay, will of course be required to
work.
1t is important that this labor, or
I. money equivalent, be required. AS
we have called to the attention of
u readers in previous issues, there
is a property tax for working the
roads. The county chain-gang is
supported by taxation, and it's main
tenance, we believe, amounts to
something like eighteen thousand
dollars per year All of this money
is paid by the people with a little
property-mostly by the white peo-
pie of the county. The negroes re-
siding in the county use the roads
more than a great many large tax
payers. While property should pay
for good roads because it receives an
Incidental benefit therefrom, and it's