The miners' express. (Dubuque, Iowa) 1849-1854, 1853-08-31
CITY OF DUBUQUE, IOWA, AUGUST 81 1853.


people of this State, had finished their task anl
submitted The work to the General Assembly, @
provision was discovered in Chapter Is Section
! Ia under The title Of County Judge, giving to
Counties the power to loan th,ir credit To cor
porations. for purposes of internal improvement,
which provision was forthwith stricken from
the Cnde. That provision is contained in the
following section:
''Ihe county Judge may submit TO the people
OF his county at any regular election or at n
special one called for that purpose the question
whether money may be borrowed to aid in the
erection of public buildings whether the coun.
ty will con truct, or aid 10 construct, any road
OF bridge which may cau for extraordinary
expenditure "WHETHER THE COUNTY
! WILL SUBSCRIBE TO ANY WORK OF
+ INTERNAL IMPROVEMENT )" whether
stock shall be permitted to run al large, or al
what time it shall be prohibited and the ques-
ton of any other local or police regulation not
inconsistent with the laws Of the State 4"
The provision that we have put in large caps
and specially quoted above, giving to counties
the power to loan their credit TO corporations is
the one originally reported and which was
stricken from the c1de. Since that time we
have had but one session of our General AS
semby, at which On effort was made BY MIR
Haun of Clinton Co, to revive this power, but
it tailed He introduced a bill to amend the
la section Of the Code, so as 10 allow counties
to become stock holders in corporations, for the
purpose Of internal improvements, which mosl
sgnally failed.
First, the Commissioners for reporting aCode
of laws embody distinct provision for grant.
ing to Counties thia power, and report it to the
General Assembly; the General Assembly take
the subject under consideration and solemnly
declare against it by striking it from the Code
subsequent Legislature, (nameiy, the Legisla.
ture Of 1859 re-affirm their former decision, by
defeating bill brought forward for the purpose
of establishing this power: and yet, we are
gravely told, that the Code justfes the exercise
Of this power by virtue of naked proclama
tion emana,ing from the County Judge. This
question differs somewhat from the constitution.
al question, because nothing is left to inference
We have the absolute and emphatic act Of the
Legislature, recorded in two instances against
the existence of this power, and the policy Of
exercising it. How then, we ask, can men
stand up and claim that the Code, a mere crea
ture of the Legislature, Justifes the exercise I
this powero They cannot by any fair rule of
reasoning. But aside from the recorded iudg.
ment of two Legislative bodies, that the coun-
ties had not the power and should no, be allow
ed to exercise it, it may be doubted upon gener-
al principles Of policy and the general custom
Of the country. Counties were originally or
ganzed 10 assist in carrying out the State gov
ernment. They have their specific powers and
duties, and those powers aud duties have never
until very recently extended beyond their cor
p rate and geographical limits And it was
wise discretion in those who have gone before
US, that they were thus limited; because, they
are not such corporations are designed, o2
qualified for speculative enterprises. They are
a corporation for civil purposes, competent to
engage in any improvement of purely local
character affecting the interest and convenience
of those residing within the limits of the coun-
ty, but not designed to embark in any specula-
tions or in any public improvements beyond
the county limits. This is our view of the sub
ject, and it is one, which we think will be
borne on, by the best judgment and experience
Of the past, and the prolific and rapidly approach
ing financa! difficulties of the gloomy future e.
Educated in whatever school our ighbor of the
"News" might have been, perhaps he " i'll lose
nothing, by rejecting upon the view here pre-
sented.
In the above, we have discussed purely the
Constitutional and legal right of Counties to
embark their credit in railroad corporations,
without any wish to discourage the present ef
forts for obtaining individual subscriptions, and
we trust our views are now fully understood