Lewisburg chronicle. [volume] (Lewisburg, Pa.) 1850-1859, 1853-09-09


not legislative but judicial, and was not
gwen to the Assembly BY the general
grant OF legislative authority.
18th. But to make a tax law unconsti-
tutionai, when thus granted, it must be
apparent that the community taxed can
have no possible interest in the purpose to
which their money is to be applied. This
Is more especially true if it be a local tax.
Local authorities have themselves levied
taxes N pursuance Of an act of Assembly.
18Th. 1t, therefore, making a railroad
be mere private affair, or if the people
Of Philadelphia have manifsetly no inter
est IN the railroads which run to and to-
wards the city from Easton, and from
Wheeling, tLcn the laws are unconstitu-
tional.
18th. Bat if railroads are not private
aiiAirs, but are public improvements, then
ii Is tie right and du.y IF tie .Sra,e to oa-
caare commerce anil promote Tie reytare
q tie poop'c, ty naakiny &en', or causing
dleal to b. made, at tie public expense.
20th. If the State declines to make de-
sirablc public improvements, she may per-
init it to be done by companies. The fact
that it is made by private corporation
does not take away its character as a 1uJ-
lie irork.
2lst. The right Of the company, by
which 1t is made, to be compensated for the
expenses of constructing it, by taking tolls
for Its use, though it gives the corporation
an interest in it, it does not extincuish the
interest Of tie public, nor make the work
private, because, TO say nothing of other
advantages, though the public may pay
toll, still they may travel on it much chea-
per than without.
22d The State may, therefore, rightfully
aid in the execution Of such public work 5
by dciegating to corporations the right of
eminent domain, as she always does, or by
the execution Of the taxing power, as she
docs very of.en.
23l. The right of local authorities to tax
particular city for local improvement, is /.
As clear right as to lay general tax for |
my pablo purpose whatsoever
.ith. IT the State having constitutional .
- N''H 'i''''c i rtdic tcBs ty Il SUBS
lpi'"n IN behalf Of the whole people to
he stock Of private corporations engaged
n making public works, it follows from
that has been before said that she nav
u'horizc city or district to do the same
hing. provided such city ,r district has a
ncclal interest in the work to be so aided.
18th. There is net case in which we
IN determine as matter of law that the
ity has no interest in the proposed rail
'ads. That this is true as matter Of fact
rs not even been asserted in argument
lly little more than iatimated
10th. If the Legislature and the coun- I
Is decide that the city has an interest c
rye enough to justify these subscriptions, !
e cannot gainsay this without declaring +
interest to be iiatly impossible, and to :,
that would be absurd. .
27th. Finally, if the authorities of the Il
y, IN accordance with their charter. and "
tn certain laws supplementary thereto, n
about to create a public debt for pub. "
purposes, in which the city has an in p
est it will be as valid md binding as if
had been legally contracted to accom- L
50 any other public purpose for tie ben D
of the city-Ie;a~es.o,a s.et:.Sel u