Southport telegraph. [volume] (Southport, W.T. [i.e. Kenosha, Wis.]) 1840-1850, 1841-01-26

time OF war, still it is taken I" without"
because ii is taken before any compensa-
ton is made, which is contrary to the de-
cision last quoted. And then il is taken
without just compensation )" for how
can that compensation be called just which
is arbitrarily fixed without the consent Of
the party Interested and without his having
any voice in the matter aud fixed 100 at
an invariable rule without regard to times
and circumstances, and TO be paid, not in
the legal currency of the country, but in
grain To take private property then for
private use is not only unconstitutional by
the planest implication, but such doctrine
strikes at the foundation Of natural justice
and is alike opposed TO common law and
common sense.
The constitution further declares iha,
/" no person shall be deprived Of life, liber-
ty or property with ut due process of law"
BY This statute n person is deprived of his
+" property" for capital and labor all
property, not without law, but he is with
oua :" due process" which is as requisite
as the law itself The legislature upon
their mere arbitrary will, without the in
tervention ofjudge or jury, appraisers or
witnesses, not only assume TO take, but 10
fr the raIue on the property taken. |
hold that in all cases where private pro-
perty is taken even for pnbAc uses, it is
no: for the legislature TO fix the compensa-
ton, but there must be an appraisal bv
disnterested persons. 1t is not SO in the
case Of roads, canals, &C.! But here the
legislature says 10 the mill owner, YOU
shall receive so much toll and no more un-
der a penalty Of $50, be grain high or
low, whether you can afford it or not, we
are the sole judges Of that matter and
you shall grind, if you occupy or own a
mill, whether you are willing or not under
penalty of SO 90, for every neglect or
refusal Where but in dcspotic govern
ment can parallel 10 this law be found
| much mistake the enlightened views and
the sense Of common Justice of the people
Of Wisconsin if On reflection they sanction
such a law.
But this act makes grain instead Of
"gold and silver coin tender in payment
Of debts" Let as see if it is not so. The
law says you shall grind, and may receive
therefor SO much Of the grain ground. Ii
can not be contendcd that the miller is en-
titled to his toll until tie service is per-
formcd,and as soon as that is dorc a debt is
most clearly created. The law thus en-
joins the prior performance of the service
which creates the debt, and then says this
debt may or shall be paid in grain. That
the statute requires grinding 10 be paid for
in grain only, is clearl y 10 be inferred not
only from the meaning OF the term " tol''
the universal understanding Of community,
but from the fair common sense construc-
ton Of the statute itself. The object of
the legislature undoubtedly was to fr q
rule TO regulate the amount Of toll 10 be
paid. However uncalled for, arbitrary,
impoitic, and unjust the law may be as we /
conceive, still its object is TO fix u rule, a
standard. This standard is a certain por-
ton Of the grain ground. Now il, the sta
tute will allow the miller to demand mon
ely instead Of grain for grinding, then the
quantity ground which is known and def
mite is no longer the standard, but the price
of grain, nuctuaiing and uncertain as it is.
is the standard. By such a construction
the legislature so far from having fixed a
rule, have made it ten times more uncer-
tain and indefinite that it possibly could be |
without any law. The rate OF grinding
would be continually varying with the rise
and fall Of grain, and our tolls instead Of
being graduated by law, would be gradua-
ted by the table of prices current in New
ork or New Oleans. There would be
a continual conflict between the miller and
his customers as to what is tke price Of
grain, and jury Of enquiry would have |
10 be called every new moon to fix it, and
10 say how much money would be equal to
one eighth &c. of the grain ground. How
ever much | may question the wisdom of
our legislature in passing this law which |
10 be alike unconstitutional andun- |
just lould be 10th to inpute to them SO
much folly as such reconstruction of the sta
tute would involve. But such was not their !
intention. No, they meant that miIlers
should require grain only for grinding,
that they should receive q fixed toll, that |
is, pay in kind as the term implies, in
payment for scvIces performed, which is a
debt; and in so doing they have transcribed |
their constitutional powers. This law is
therefore as hnmbIy conceive unconsli-
tuiional and void. JUSTICE.
GENEVA, Jan. Is, 1910.
For the Southport Telegraph.
MeSsrS. EditOrS.--