The miners' express. (Dubuque, Iowa) 1849-1854, 1853-05-25
H0NDAY EvENING, :::n"MAY ~.
THE DUBUQUE AND PACIFIC RAIL
st al SIS i ROAD COMPANY. Ek


MONDAY EVENING, ::n"MAY ~.
THE DUBUQUE AND PACIFIC RAIL
SAA sSB ROAD COMPANY.
10 our present issue we publish cemmunica
ton from one Of the Directors, Of the new
company recently formed in this City. 1t is
temperate and we'll written article upon the impor
lance and necessity Of RAILROAD communication
North and West frop Dubuque. 1t sets forth
the extraordinary efforts Of rival towns to anti
cipate our trade by railroad connections, desert
bes in glowing language the advantages which
Dubuque, as q commercial point would reap
from Inferior roads Of this kind and appeals with
oil the force that language can concentrate, to
the voters Of Dubuque county, not to allow this
golden opportunity to PISS unimproved. We
entirely agree with our correspondent that such
road would be Of incalculable benefit to Du-
buque; that, if il did not insure as rapid pros
perity many imagine, it would give per-
manency and stability to the place, which it
could not otherwise acquire that its early CON-
mencement would deter rival points from enga
ging ia similar projects; and that it is impor-
tant for every citizen to feel deep interest in
the subject; all this we acknowe re and re-
alize in it, sound argument why individuals
should give it their hearty support, but we can
perceive no force in this, any other article, we
have seen upon the subject, which goes to con-
vince our judgment, that it is either consttu.
tional or polite, for county corporations 10 lean
their credit for works Of this kind If for work 5
Of this kind, why not upon the same principle
for a banking corporation, boat building cor
poration, or any other manufacturing corpora
ton which might be named. The argument
that they increase the business of the place,
render active ard easy the money market, and
facilitate the prosperity Of the country, holds as
good in the one case, as the other, though per-
haps not to as great an extent.
Taxltion is based upon the necessities, and
not the extravagances Of government. For the
sake Of organized society, and to facilitate the
operations Of good government, the people have
parted with portion Of their rights, which
are defined in a written constitution. The
trainers of the constitution never contemplated,
nor did the people, that the right to tax, confer
red any power, to exceed the absolute require
ments Of the government. This principle has
been repeatedly violated by the general govern.
ment, but it is yet grave question with many
Of the ables! statesmen we have, whether the
government in expanding the peoples treasure
upon works of i'm 1rovement removed from tide
water, have not violated the constitution 1t is
wise discrimination that can determine the pre-.
else point at which to commence, and leave off,
in making these expenditures. We do not pre-.
tend to accuracy in this particular. But we are
entirely satisfied, that there is limit, beyond
which their is oppression, ruin and bankruptcy,
and that we are rapidly approaching that limit,
when we vote our credit as a county corporation
to railroad monopolies. Upon this subject we
/. are entirely clear.
There is another question connected with this
subject, which deserves some notice. 1t is the
construction given 10 that section of the Code,
defining the powers and duties Of the County
Judge, in relation TO Improvements in the coun
ty,requiring extraordinary expenditures. 1t is
contended by many, that the county may agree
. By vote, to loan its means for the construction
Of r0ads and bridges, and that, as the particular
roads are mot specified, it 10 competent for the
county to embark in the building Of railroads
In our judgment. this is forced construction;
and in order that we may the better understand
! the bearings of the subject, we quote the pre-
.'cise language, and all that the Code has to say
upon the subject. Chap. Is, sec. la, says:
"The County Judge may submit 10 the people
of his county, at any regular election, or at a
special one, called for that purpose the question
whether money may be borrowed to aid in the
erection OF public buildings; whether the coun.
~ will construct, or aid 10 construct, any road
or bridge, which may call for any extraordinary
expenditure; whether stock shall be permitted
: to run at large, or at what time IL shall be pro-
shibited; and the question Of any other CAL or
POLICE regulation not inconsistent with the laws
of the State. !"
The above is the law upon which the County
Judge bases his Proclamation of the 4th lust,
for vote Of the people Of this county to loan or
not, the county credit, to the amount Of $2O0, 900
TO aid in constructing the Dubuque and Pacific
railroad.
He contends, as well as great many others,
among whom some Of the first lawyers Of our
State, that this power is not confined to proyi.
ding for the legitimate necessities of the coun-
~, but that, if necessary to further lis interests
and advance its prosperity, the credi. Of The
county may be loaned to corporate companies,
organized here or elsewhere. With all defer
ence to the opinion Of those who take this view
Of the subject, we must differ with them. 1t
seems 10 Us, as clear as MONDAY, from the whole
tenor Of the above section, that the Commission
ers. in drafting this section, and the Legislature
in adopting it, had in view the ordinary and
necessary improvements Of the county-such as
constructing county buildings, county roads,
county bridges, and such other improvements as
are Of absolute and immediate necessity, 10 &C.
commodate the wants Of the people residing in
the county. This section refers in specific terms
TO the local wants anc regulations Of the coun.
ty; it speaks Of county buildings, roads, bridg
Is, the time that stock shall be allowed to run at
large, and the course to be pursued in case of a
depreciation Of county paper; aud concludes in
the following ominous language sand the ques.
ton Of any other local or police regulation not
ixcon.istest with the laos Of the State, may be
submitted 70 . vote Of the people. will any
man contend, that this proposed improvement
IL demanded by any necessary local OF police
county regolation! IL not, it is questionable
whether the County Judge has the right to de.
rnand : vote Of the people upon the subject, or
the people have right to vote it. If we have
laws, and profess TO be governed by them, let
~ either strictly observe them, or abolish the m
entirely. ssa< i se.st
II this vote should be carried, it il in conte,.
plation y propose that the City vote its credit
for 100000. The bonds of the City are alrea.
.dy out for $4,000; its faith is pledged to the
'SoatheFn Wisconsin Railroad Company for
100000, and . proposition is before the Com
men Councilfo another loan of 90, 900, for
Aempleting The improvemenss. already common.
cetia The City. Putting I'll these AMOUNTS 10.
An&m<Daa NJ L.. - y 4 my - - l