Southern standard. [volume] (Columbus, Miss.) 1851-1856, 1853-02-19

proper application of the amount of tax is the only
compensation contcmplated in the latter, the COM
pensation is the payment of the damage which
the individual may sustain by the deprivation of his
property, without regard to the actual or supposed
benefit to the public Thus in the county of La Fay
este by the 18th section Of the charter the
mcnt is directed to be made on the taxable proper
ty of the county, and all the taxpayers regarded
as compensated by the benefits to arise from the
proper application of the money This is the ex
ercise of the power of taxation. But the compa-
ny is authorized by the Sth section of the charter
to "enter upon and take possession of all such
lands timbers, stone, gravel, earth or other mater
ais, as may be necessary for the construction
pair of said Railroad" Here is the exercise of the
right of eminent domain, which is restricted by
the constitution.
The 9th section of the charter, therefore, which
approprates the lands, timber, &C., of individuals
to public USE also provides for special compensa-
ton, and the assessment of actual damage by jul
ry.
These powers of the legislature may be exercised,
and in most instances are exercised without con-
sultng the will of the community, or of individuals,
and in instance could the extent of the constitu-
tional power of the legislature be affected by the
disapprovaI or disaection of portion of the COM
the legislature to have directed the tax, without a
vote of the county.
The constitution of the State of n. York, in re-
gard to the appropriation of private property to
public use, contains provision similar to that in
the constitution of this State. The Court of APP
peals of n. York, in late case of Griffin VS.. the
Mayor of Brooklyn and others, uses the following
language "Taxation exacts money or services from
individuals, as, and for their respective shares Of
contribution to any public benefit. Private proper
ty taken for public use by right of eminent do
main, is taken, not as the owners share of contri
button to public burthen, but as so much beyond
his share"
; With this distinction between these vital and
sovereign powers of the Government, the one ope
rating upon the property of the community gencr
ally and equally, the other approprating the prop
erty of the individual public use, without regard
to the contribution apportioned among the communi
ty, it is apparent that the objection of the complain
ant, founded upon this clause of the constitution
cannot be sustained.
4. 1t is further objected, that the proceeding
of the Board of Police arc invalid, for the want O
' Jurisdiction.
: The power to assess and collect taxes exercised
c by the Board of Police in this as in all other in
f stances, is delegated power emcnating from thu
Legislature
: 1t would have been competent for the Legislature
. to have declared by enactment the amount of ta7
f which the county of Lafayette should contribute
for the construction of the RAILROAD through it
limits and to have enforced its collection in the usu
/ al mode. Nor was it necessary to the exercise 0
this power that the county should have been permit
n ted to become a stakeholder.
S The validity of the act is not impaired, becaus
J., the Legislature, in Difference to the county, mad
the law conditional, and submitted to the qualiie
r. electors the question of substitution
: The power to pass peremptory law, include
If the power to prescribe the condition upon whic
/ the law shall go into effect. The charters of in
l. corporated companies, and charters of cities an
towns are upon condition. and have no operatio
until accepted. The refusal or acceptance depend
upon the unrestricted action Of the party to be benz
= fitted but the authority to act and the validity
It the law are derived from the legislative power
l. When the qualified electors, by authority of til
r, charter decided in favor of subscription for stoc
e to the amount of hundred thousand dollars til
!, law became Imperative upon the Board of Police
= and the duty to subscribe for stock and to lev
is and collect the tax, obligatory as if the la
d had been mandatory in its terms. This duty coul
h not be avoided Its performance would be ell
forced by courts of general jurisdiction.
Al The Boards of Police have "ful jurisdiction owe
1t Roads, Highways, Bridges and Ferries and a
a. other matters of county police"
; 1ucSC art Iuc UouHudIIcS Vi us 1uTlSulcCOH
l. conferred by the constitution. What shall be ma
tiers of county police, in many instances, Deepen
k upon the action of the Legislature. The authorit
to levy tax for the ordinary revenue of the coul
y, and the authority to levy special tax for buil
it ing Court Houses, constructing bridges and roads,
Id derived from The Legislature
al The 18th and 18th sections of the charter requi
M no duties of the Board of Police in conflict, or il
a consistent with the jurisdiction conferred by tt
ty constitution 1t is the most appropriate body
as subscribe for stock, in behalf of the county,
by the assessment of the tax, it performs no ne,
in or unusual duty, In the former, by the authori
MS of the law it carries out the legally expressed wi
ne of the qualified electors of the county, in the att
e. it executes the mandate of the Legislature.
IT. dischargng its duties under both sections of Il
III charter it acts within the limits of its urisdctio
K without infringing the jurisdiction of other court
b. or exercising powers conferred by the constitute
n and laws upon other departments of the governmer
ii The demurrer is allowed, bill dismissed and i
he junction dissolved.
ut