Wisconsin herald. [volume] (Lancaster, Wis.) 1846-1849, 1849-01-20

ring special acts of legislation. therefore
recommend such legislative action as will
carry ont the intent of this constitutional
provision. The common law liability of
the individual members of corporate bodies
for the debts of the corporation is unjust
aud anti-republcan. No sound reason can
be adduced based upon natural justice or
public policy why the liability of the mem
bers OF an incorporated company for its
debts should not be the some as that of in
dividuals of an ordinary co-partnership.-
Shauld Individuals. because they happen TO
be associated together as corporate body
in any business, be exempt fron liabilities
and duties which the law would impose up
on them il engaged in the same business as
Icopartners? Certainly, no well founded ar
gument can be brought to sustain such
u position. The liability in the two
cases should be the same If individuals
participate in the profits aud dividends of an
enterprise they should likewise sustain its
losses. The liabilities and duties of indi-
viduals should be the same whether acting
sngly or collectively, or as corporators or
copariners. Any other principle is repug-
nant 10 the spirit of our institutions aud is
contrary TO the doctrine of equality of rights.
submit to the wisdom of the legislature
the Justice of providing by law, that the
members of corporation should be respon-
sible for its debts to the same extent that
copartners are for the debt OF their partner
ship firm.
The people, by their constitution, having
determined not To carry nor engage IN any
works of internal improvement, except in
cases where donations have been made for
particular works, it becomes matter of vi
h.. a
that the most effective system of opening
aud improving our common highways, sho'ld
be established by law. Ii is over these
pathways, which traverse every portion of
the State, that our surplus products find
their way to market, and our foreign sup
plies are received from the navigable waters
winch bound us on either side. The impor-
lance Of these channels of Intercommuni-
cation have become more apparent during
the last season for their almost impossible
condition in many parts of the State. The
improvement of the present manner of
maintaining our public roads addresses itself
with strong force to your consideration
Under the present laws, the revenue for this
object is derived from per capita tax lev
led upon the taxable property in the several
towns and counties. These taxes may be
discharged by the persons taxed, in labor
upon the roads in the proper districts, under
the direction of supervisor. The effect
of this mode of discharging taxes is, that in
some districts, they are, when collected, paid
into the county or town treasury, and are
never expended upon the roads, aud the re-
sideut tax payers too frequently perform
thor road labor specifically, which pre-
vents the beneficial Improvement of the
highways to the extent reasonably To be an
ticipated from the system. Again, the ratio
of taxation being equal in each town or
comfy, the result is, that in some districts,
where OILY small amount of road labor is
required, a surplus Is raised which is unex-
pended, and in other districts, in which
large amount of labor is necessary To keep
the roads passablc, owing to the small
amount of taxable property and the pauelty
of the inhabitants, deficiency OF taxes tor
this purpose exists. IL follows, therefore,
that in some cases the roads are almost I'M
passable. This system operates unequally
and unlustly in many, IT not all oil the
counties Of the State. The whole people
being equally distributed. Small districts
should not be taxed with oppressive aud
heavy duties when adjoining districts
receive equal benefits from them without
contributing TO their performance or perfor-
ming similar ones TO the same extent
Where equal benefits are received there
should be equal contribution. ] submit,
therefore, the propriety of modifying the
existing laws upon this subject so that the
taxes levied for road purposes shall be paid
in money, and collected in the same manner
as other taxes, and that when collected, they
be expended in the opening and improving
of the public highways, under the direction
of road superintendent, to be appointed
in each county or town, who shall be rcqul- |
red to keep the roads ia good repair. Some /
modification of our road system of this k,nd,
=. -, .,,,i.tvn, wuuIu DC more just anu /
equal IN It's operation and result beneiiclaily /
to the public.
The judiciary of the State, under the cleo
tive provision 10 the constitution, has been I
organized since the last session OF the leg
stature, and the expectations of the people +
appear to be realized in its operation.--
While our institutions recognize the prin-
ciple, that every person IL entitled To GER
tain remedy IN the laws, for all injuries he
may receive, and that justice should he adj
lnnistered freely and without price, or de-
NAL. promptly and without delay, II be-
comes the duty Of the representatives, oil
the people, in providing by law for the de-
tails of this principle, 10 enquire whether
this remedy, ~ its largest measure, IS placed
within the reach Of every citizen. In ma /
king this inquiry into the capacity Of our
judiciary to supply the wants OF the COM
inunity, and to administer justice without I
denial or delay, we must look into the bust /
ness before our courts aud see If justice IS /
administered 10 accordance with the princl- /
pie laid down. My own opinion IS, that 1t
i not. This opinion IS drawn from per-
sonal observation, ard from the every day
complaint Of Iitigants. 10 some OF the
counties is il not unfrequently the case THAI
court adiourns without completing mole
~ Of the business before il, aud suitors after
attending during its term with their witness
Ia L. ...u.. nj