Wheeling daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1852-1859, 1853-09-09

Il
reads do, then tile laws complained oil are uhoo-
iecionable.
10. Taxati is legislative right and duty,
which must be exercised by the general assembly,
of laws passed by them, or under their authority.
ii. The mower of the assembly, With reference
10 taxation is limited only by their own discretion
For the absence of it, members are accountaole
to nobody but their constituents.
10 Bvtaxation is meant certain mode oil raj |
sing revenue for public purpose, in which The
community that pays it has an Interest Tue rlght
of state 10 lay taxes has no greater extent than
this.
rs. An act of the Legislature authorizing con-
tributions to be levied for mere private purpose,
or for purpose which, Thought be public, is one
in which the people from whom they are exacted
have no interest, would not be law, hut SEN
tencc commanding the periodical payment OF a
certain sum by one portion of the people 10 an
other. The power t. make such order is not lie
gslative. but judicial; and was not iven TO the
Assembly by the general grant OF legislative au-
thoritY.
II. But to make tax law unconstitutional
thus granetd; it must be apparent at first blush,
that the community taxed can have no possible
interest N the purpose to which their money is
TO be applied. And this is more espec ally true ii
it be local tax, and the local authorities have
themselves levied the tax in pursuance OF an act
of Assembly.
10. If, therefore, the making of a railroad be
mere private affair, or if the people of Phila-
delphia have manifeSty interest in the railroads
which run TO and towards the city from Enston
and from Wheeling, then these laws are uncon-
slitutional.
10. Butrailroads are not private affairs. They
are public Improvements, and it is the right and
duty Of the State to advance the commerce and
promote the welfare of the people by making or
causing them TO be made at the public expense
| 20. If the State declines 10 make deSiTLble o:
public improvement, she may permit 1t to be done
| by a Company, and the fact that it is made by
private corporation, does not take away Its CHAR
acter as public work.
81. The right of the Company. by which it is
mate, to be compensated for the expense, though
it gives the corporation an interest i'll II, does
not extinguish the interest of the public nor
make the work a private one; because, TO say
nothing of the advantages, The public can pay the
toll, and still carry and travel ON livery much
cheaper than without it.
| %. The State may, therefore, rightfully aid in
the execution of such public works, by delega-
ting 10 the corporation the right of eminent do
main as she does, or by an eXertiOn OF the taxing
power as she has done very often.
%. The right of the Legislature with the con-
sent OF the local authorities, 10 tax particular
city for a local improvement, is as clear as the
right to lay general tax for any public purpose
whatsoever.
a. The State having the constitutional power
10 create State debt by subscription on behalf
of the whole people to the stock of prvate CT
poration, engaged in making public WORK, 1t FOL
| lows, from what has BEEN before said, that S he
may authorize city district to do the same
thing, provided such city or district has special
interest iii the work to be so aided.
| 25. This is not case in which we can deter
mine as a matter of law, that the city has no iH-
terest in the proposed railroad. That this is true
as matter of fact, has not even been asserted III
| the argument.
26. The Legislature and the Councils have de-
cided that the city has interest large enough to
Justify the subscription; cannot gainsay this
without declaring all intereStto be fatty impossl-
BILE, and to do that would be alsud.
81. Finally: The authorities of the city in &C
cordance with the chatter, and with certain laws
supplementary thereto, are cbout TO create pub
lie debt for public purpose in which the city has
an interest. 1t will be as valid and binding as 1t
it had beeu legally contracted to accomplish any
other purpose for the benefit OF the city.
Injunction refuSed.'
Justice LEWIS, followed the Chief Justice. His
| Honor argned the unconstitutiOnality of acts Of
the Legislature granting 20 corporations the priv
ilege of making subscription to railioaJ compa-
MES. He commended that it was in conflict with
the Bill of Rights. He summed up his very
lengthy, but eloquent opinion as follows:
elm conclusion, am in favor OF granting the
| injunction, because:
| 1st, The proposed subscription puts the prop
erty of the citizens under the control of private
corporation without their consent, thus dcpriving
them of the right Of possessing and protecting
it, and therefore violates the LIST section OF the
Bill of Rights.
government into a corporation, which has nothing
governmental in its objects, and which, being
bound by contract, cannot be Gathered, reformed
| and abb lshed' at the pleasure OF the people, and
| it is therefore q violation OF the I'd section.
| Sd, puts the property of the citizen without
| his consent under a government where it can no
longer be protected by "lree and equaP' votes,
but where wealth controls property, and money
has more votes than men, and therefore violates
| the 9Th section.
4th, 1t deprves the citizen of his property
| without the Judgment of his peers, and without
trial in due course of law; and therefore violates
| The sth section.
9Th, 1t takes the property of the citizen with
out Just compensation, and is therefore usurpa-
| lion of powers not granted, as well as uSuTpa-
ton of rights, plainly expressed and implied in
the 10th section.
9Th, 1t deprves the citizen OF the lands and
goods secured to him by patents, deeds and other
contracts and therefore violates the 18th section.
9TH. 1t investsa corporate body with the priv
lege of taking private property without requiring
such corporation to make just compensation in
advance or 10 give adequate security therefor, and
therefore violates the 4h section of the It'll article
of the amended constitution.
| 9Th. The appointment by the Legislature Of the
municipal officers the agent Of the present plain
tfS to charge their lands and goods with these bur-
| thenS, without their actual consent, gives such
officers no more authority than similar enactment
| would confer upon Queen Victoria or The Emperor
| Nicholas. 1t IS assuming the g0rb without the
atty of assent, and is, therefore, injury about
to be perpetrated under circumstances OF peculiar
aggrnvation. To denya ''rernedy by due course
of law" and TO refuse TO administer right of JUS
tIce without delay i'll such case, would be
violation Of the 18th section OF the Declaration of
Rights.
My views on this subject may be questionable;
but when credit Sball be exhausted and the day
of payment shall come-when the bonds (Which
are to be issued like other obi cations of securities
without anV nroViSiOn of DaYmeui,) Shal come
to maturity-when the railroad excitement shall
subsid=, and reason shall resume her dominions-
when the exhiration of profuse expenditure shall
give place to gloom 10 be produced by the ground
ing exaction of the tax gatherer-when the rich
shall be impoverished and the poor shall be cast
into prison-when all classes shall be involved in
millions of debt beyond the means of payment
when individual industry and enterprise shall
cease ith the destruction of individual rights
when the freemen of this Commonwealth shall