The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1843-07-18

recompence value and must be absolutely
-Is Wend. So, 81 sc
that takes the property but must be assessed by an I'M
partial tribunal
He concluded by drawing vivid picture Of the injuries
which the citizens OF Bridgeport would suffer by the col
lection of the bands He claimed that the bondholders
could not compsin They had taken the bonds at their
risk with full ledge the acts Of the city and
Of the Legislature for they public and open to the
inspection ofa He urged upon the consideration Of the
Court the language of Oh. j. Marshall in the of
Craig The State of Missouri 4 Pet. Reports s37.
In this argument we have been reminded by side,
fthe dignity Of sovereign State, of the humiliation of
her submitting herself to this tribunal OF the dangers
which may result from INJECTING wound that dignity;
by the other, of the still superior dignity of the United
cannot misunderstood. To these admonitons
only answer, that if the exercise Of that jurisdiction
which has been imposed upon by the constitution and
laws OF the United States, shall bring those dangers
which have been indicated il shall be Indispensable
to the of the UAion and Of the
independence and liberty of these Sates-these
sderatons which address themselves to those depart
ments which with perfect propriety be influenced
ey them. rms department can listen only to the man
dates OF law and can tread only in the path which Is
marked out by duty.
Mr. purror; OF Bridgeport followed in support of the
bond He said he concurred fully with the learned coun
sci who had preceded him. to the importance OF the de-
cison which was to be made in the II not only in
wolves Liabilities to the amount of about 200 dollars,
but the gentleman s right reaches principles which
lie at the very foundation OF institutions great
part ofthe gentleman argument to show the danger
being governed by majority he is right then there
10 no safety in form of government The ultimate
power OF determining the proprety OF laws must reside
somewhere He thought It would be as safely trusted
in the Legislature judiciary either are corrupt
or incompetent the rights of the people jeopardy
1t presented rather singular case, in court Of juu
tce for the same corporation to pass act and then
deny the act which they had passed The minority of
the city do not appear here and Defend but the city ITSELF
nical ground
In order to understand the obligation of the defendants
was necessary to understand the situation Of the city
when the subscription made-the charter of the Rail
Road Company had been granted with liberty to
track to Bridg epor or to connect with the Fairfield
County Railroad, at Danbury with railroad from
Harlem at the State ne to build all of these routes
1t was work of common interest the whole of Fair
field county 1.-THE other routes had been adopted TO the
exclusion OF Bridgeport it would have ruined the place
There was an evil therefore to be avoided. well
probable benefit to be secured The object of the sub
scrption is therefore apparent. II not to become
subscriber to railroad but protect and promote the
interests Of the citizens.
With this important fact in view he would briefly exa
mine into the liabilities of the city to pay the bonds He
commended
l. That the city had power by its charter, to
the numerous authorities which the learned gentleman
had read He claimed that the city had the power in
perfect consistency with those authorities The charter
sec s. gives the city unlimited power to levy taxes for
such purposes as said city shall think proper is said
this does not give to contract But for what
taxes laid except to discharge liabilities contracts
Could the city raise moneyor nothing is said
given by the charter except for certain purposes
We answer-The corporation Is made CITY 1t has,
of all that implied in that term The necessity
of its being Incorporate usually arises from it's CONNER
cIai and manufacturing interests The corporation must
This power does not depend the corporate property
but the interests Of the citizens Suppose there should
be bar the Connecticut River below Hartford
whereby the commerce of the city should be destroyed
Could not that city remove it This power is not
fined within the limits OF the cty-New York has brought
the Croton distance OF more than forty niles
This was not absolutely necessary for the city had
listed and fourshed long time withoutt.
admitted that city could drain pestilentia marsh
without Its limits. If this subscription necessary
to protect the commercial Interests of Bridgeport
within the same principle. The subscription the
express condition that the read could terminate within
the limits Of the city.
o The of 1888 rendered the bonds valid. If the
act confirms void act it not of void. The Le
gislaure may confirm void act If that their interest
Wilkinson VS.. Leland, Peters, 627. The Legislature
here must have intended this they could have intend
ed nothing The act was not void, by being re-.
Prospective. Such acts not, of course, void
Wilkinson vs. Leland Peters 627 The Legislature
thought it reasonable and just the city should
bound The circumstances Of the city justify this concu
sion But the act was not Retrospective but prospective
was to have effect unless approved by the city.
approved would he equivalent to subscription.
II has been commended that the act of 1888 gave the
agents power issue such bonds to the Railroad Co.
But it made the subscription obligatory the city.
The city then without any express power, would have
poration give note for an admitted debt well as any
body else II has been conterded, that the agents
might raise money on the bonds but could not pass
them to the Railroad Company, especially in advance
Mr. D. claimed the agents had the power to raise the
money from the Railroad Company TO the company,
well dispose of them elsewhere. The city would
be exposed to greater liability and there would be
saving of expense But the statute of 1888 expressly
gives powers and all the acts of the agents in
strict conformity with the subsequent votes OF the city
There objection the trial the ground that
any meeting not legally warnedthere fact,
a warning.
The not contrary to the constitution of this
State that of the United States II has been generally
understood that Legislatures have such powermany of
the cities Of the United States have done the as
Bridgeport Legislatures have conferred special powers
Objections have frequently been raised the ground OF
expediency but not of constutionay. Courts will
case Of usurpation. Judge Iredel, Dali 800, saysAs
the authority to declare IA statute void is Of awful
and delicate nature the court will resort to that
authority but in clear and urgent Ii the Legsa-
ture of the Union the Legislature of any member of
their constitutional powers the cannot pronounce
to be void merely because is in their Judgment con-
trary to the principles Of natural justice The ideas Of
legislatures may at any time ruin the people BY in
volvng the country in unjust and ruinous wars The
greatest part of the of England was incurred in this
way There is always a minority opposed to them But
is the remedy Iepudation7
The construction of ways including railroads sa mat
ter peculiarly within the Jurisdiction of the Legislature
The Appan, and other ways Of ancient Rome the road
cut by Napoleon the smpon and the msgnis
railroads of the present day. equally attest the fostering
care Of government.
If Congress can build the Cumberland road with the
money OF the people tortiori the Legislature Of Con.
construction ola road, terminating within ITS limits
Certain individuals bound themselves to pay about $4O
600 to have the Chenango canal terminate in Utica The
Legislature OF New York them and assessed
the amount Utica without assent and the
held vald.-A Wend. S. The act is not void because
takes priv property for public use without compen
sation The public benefit is sufficient conpens ation-
g. Watts s92 Il is absurd claim compen saon when
money is taken by tax the subject matter is within
the jurisdiction Of the Legislature, Courts have nothing
to DO with it An act originally defective, many become
valid by acquiescence.
The City Of Bridgeport have appointed agents the
stock for four years The object which they had in view
has been secured II the road should be successful they
will have the benef many who would be glad to avoid
payment othe bonds would be very unwilling to lose
the road Having secured their object they ought not
the loss the innocent bend holders They have
strong claim in question to the money which aided in
building road for benefit OF Bridgeport He conclu'
ded by saying that the setting aside Of Legislative acts
had tendency to destroy all confidence among
Such generally considered and ought to be
sdored of the highest authority decision against the
law in question would he felt throughout the Union
He said that law ought not to be declared void, as
against right when required all the ingenuity
and ability OF such learned and distinguished councillors
10 make its injustice at all visible
Mr. H,wLEY late Lieut. Gov Of the State followed ON