Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1853-09-29

IA shuallil- ..lse .,ssessaIsn IN the proceedings
aiea,uncl. ~ Tar Tue sane may rspset
the land Ia ,h, said proceed nss airV mrnuon-
ed"
The sane question came b,to's he Sa.
pf,me Gourt oi New Jer-ey, aud tls same
doctrines w,rv tu.iy rscoH6z n the case oi
ne Siais IS. Berry. lifri,Uu r. page 8l-'
| rad ths luliusIug Il raet 'TO'' s''e- dveisIOn
Oi he Court: r.-....-.
But u cOncludv, answcr to his injurious
construction. that this I mp ion from az ap-
plies TO the franchise merely, aud not The pro-
perry is thus: u makes the Exemption utterly
luul,--il avoids this most important pars of The
statute. The Legislature, could never, after
the passage ot ihis act, have Imposed any new
or additional tax upon the company for its IRAN
ehises OF privileges. & .IaI .
Its charter was in the nature Of a contract,
and the State would have had no constitutional
power thus TO vary its Terms, or ada 10 its bur-
thens. Unless. therefore, the exemption sp-
plies te the properly Of the company, It has no
application. A statute ought, upon The whole,
TO be 50 construed. that il possible, no clause,
sentence, or word, should be supeIauOus. void.
or insignificant Bac Abr. Tit. Statutes J.,
p. 644. : Hsrr X. 2s6. There can b. no
lG ubt, | think but that in this case, and
IN m any others where the charters OF these
companies contain Ike provision, the Legis-
latuere Intended to rI4mS. and have exempt
fed, in so many wofls, both The company and
It's property, from any other tax than as there
IN stated" .....-
The same question came before the Supreme
4 Uour, OF kentucky, in The case OF JokhsOa vs.,
Phe Common we9ifb, 7,h Of ana's r.. page
I59. in which the Court held. THAT there be-
my no power reserved to increase rhe lax,
uisreioie the Court erred in assessing an sddi
tiOnal tax"
The case, however, was fully discussed arc
decided by the Supreme Court OF the Uni
, states in the case OF Osborn vs. United Stale
Bank in oh Wheaton. page 8o7. This cas'
!, grew out of an act OF the Legislature Of Ohio
J passed in 1919 and 10, imposing tax upol
the branch Of the United STATE Bank at Clncin
natl The bank refused to pay the Tax on th
:. grounds OF It's being exempt under It's ch rIer
. he question was carried TO the = premr Court
: : and The opinion delivered by Chief Justice Mar
shall, in which he used the following langu ge
viz; ..........
;, Considering the capacity OF carrying on tn
:, business 0; banking ~ an important feaIue u
the character OF this corporation, which VIA
., necessary 70 make il I'll instrument for Oh
' objects iar which il was created. the court I'd
= heres to its decision IN the case Of MeCaAOHg
:. vs.. tie Sate Of OhiO, and is of opinion that tn
y act OF The State Of Ohio which is certainl
} much more Objectionable than That Of the Stat
" OF Maryland, ls r"pugnant to law Of the nj
ted States made IN pursuance OF the constitution
: aud is therefore VOID" ......... .......
;, The same question came before the Suprem
u Court again, IN case ot GOrd n VS.. Tar COV
!" Of Marytdad aud decided in the same way
:, But appr,hcnd any further accumulation
authorities would be useless. The senator,
:. affected in his opinions 10y the decisions ol Il
courts, land he IS toJ good "a lawyer not TO 6'
!, must admit thtt his position is untenable, al
+ chat this bill cmnoS ass without AN mlractl'
ofthe CONSTITUTION . ..
~ ~ !he senator, however complains that l a
- =, conservative, and do not keep pace with 4
=" progress OF the age. L. by that, he means lh,
p" AN in favor OF tho wand Il spirit ol him a
" his party, Of tearing down ad destroying vii
- out substituting anything H. lieu tacrcot, 4
n, liable 10 the mputauon, .... .....
Ii he means, that by adherng to the dc
trnes 0I the legally constituted rxpuunder
the co stiLuliOn, and following The example
- by the founders OF our government, Sm n
" pIogrcos, Ell IN justly liable 10 the lmpuLalic
=, But must o. pcrmIUed 70 80 back TO tho
u : days OF pristine political innOcense, and cOu
= Sci The examples ol those pairo ic, wise ~
just men, who Ii d lhe true welfare ol The Pc
:" " pie at heart, and no motive except To promo
justice and establish our governmcnt upon
j, las ins tOundltlOn, Such records conmel
- 10 the careful CONFEDERATION OF Senators. Al
:; parucuIArly 10 my dlst,ns sulsned TREND ire
- Cuyahost, asa record from which he m
~ draw SOME lessons ol instruction To add 10 4
no h h,lOo ght that now surrounds hun .
v In CO clu,lon, all ask is. that the relics
~ wlsdo'n len by our fathers, may no. be de
troyed-thc iishtS of lie, liberty and propc
:" ", may not be mtde 10 itpen upon what p
y, hlcAl parry has the power, an 1 that his gre
|" SLtyr OF ours lUSterrd unlcr the provisions
~ the coustl ion, my noC be the 6rst 10 VIOLA
' ' that sacred compact t.'..'t '.''
IL -t. s.@
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