Columbia Democrat and Bloomsburg general advertiser. [volume] (Bloomsburg, Pa.) 1850-1866, 1857-07-18
CANAL COMMISSIONERS.
as.
The Pennsylvania Railroad Co., CT al'

we give DeloW tue utGu'uen' lor tIo
complainants in the case of the Canal
Commissioners gS. the Pennsylvania Rail
road Company, et oG 1t is understood to
be the work Of Mr., BUCKALEw, and indeed
bears intrinsic evidence in accurate logic,
research and profound thought of that
gentleman mind. lie has inspired these
whole proceedings, and we present this
argument as the basis upon which the in.
junction was asked on this one Of the three
bills. We regret the necessity of great
abbreviation.
ARGUMBN FOR COMPLATNANTS.
The competency Of the Legislature to
contract with railroad corporation for
perpctul exemption OF he property of the
latter from taxation, is questioned by this
bill. Is the power to do this conferred
upon the Legislature by the constitution
The grant of legislative power (ucIudin 2
that of taxation) is in the first article, and
is in general terms "Thc Legislative power
Of this Commonwealth shall be vested in a
General Assembly, to consist of Senate
and House of Representatives. There is
no definition OF the powcr-uo description
Of its character or extent-and hence we
are obliged to resort to other sources than
the section containing the grant, in order
to judge it.
II is manifest it does not extend to cases
where jurisdiction is conferred upon the
general government or at least to cases
where the jurisdiction Of the general gov
ernment il exclusive nor to cases where
prohibitions upon the State action are found
10 the federal constitution. And it is also
largely limited (as well as directed) by
subsequent provisions of the constitution,
and especially by the Declaration Of Rights,
which constitutes the ninth article.
The legislative power is further to be
considered with reference to the nature Of
the government Its the republican theory
in this country, that sovereignty exists 10
the mass OF the community considered in
an aggregate capacity that the institution
of government proceeds from the people |;
that all its powers are delegated, and to be
held and exercised by it as trust powers ;
aud that it is the subject, at all times, to
the interposition of the sovereign power
which created it. The introduction to the
constitution proves the authority by which
it was ordained and established; the second =,
twentieth and twenty.sixth sections of the
ninth article exhibited the nature Of the
government its subordination t. the
sovereign authority and that all its powers
are delegated to it, to be exercised with
| So, Ia +bo oh;ooto CO., ,rh; oh
We're granted, which are announced to be
the peace, safety and happiress OF the
people.
Government, therefore, is an Agent, and
it administers Trust, and is invested with
such powers only as are necessary to the
discharge Of its duties therein. And the
Legislative powers conGded to it can only be
such as are necessary and proper" aud
therefore reasonably within the intention and
moaning of the aui ihors Of the constitution
Arbitrary acls in tho nataro decrees--acts
against common Iight'--acts interfering
with the settled course Of justice in the
courts, and many others where no express
constitutional prohibition appeared, have
therefore been held to be without the boun.
daries If legislative power. And it is well
said in Rtyher V. lie Commonwealth e
Barr, 5l1 y that while "the government Of
Pennsylvania is not one Of enumerated
powers, it is one of limited authority; aod
it is therefore not to be denied that the
action of the Legislature may be invalid
though it contrayenes no express provision
, of the constitution, if it be a violation Of
the spirit of that instrument, and the genius
of the public institutions designed to be
created by it, Sec, 4 Barbour II.
Wemaysay thatan act is unconstitutiona
when it is not of the nature of legislation, OF
when it is unauthorized or forbidden. Anc
, in view of the known propensity Of legisla
ton to abuse, it is of vital consequence tt
the purity, success and duration of oul
constitutional system, that all acts falling
fairly within this description should be
crushed by the judiciary.
The tax power is n branch of Legislative
power. In the absence of exact definition
we may concluded it to be a power to raise
SO much money as is necessary for the
support of the government and for the
accomplishment ofthe constitutional objects
confded to it. TO this extentit is necessary
and therefore it exists.
Our question is as to the power Of the
Legislature to contract with party that
all property held by such party shall, fol
an indefuate period of time, or forever, be
free and discharged from taxation. The
inquiry is t*ofold-first, whether sucl
contract is authorized by the tax power
itself, and secondly, if not, whether it arises
under a distinct power. As to the former
it is manifest that the destruction or abridg
mcnt of power cannot be considered al
exercise of the power itself, No powe
can act legitimately to its own destruction
in the second place, if the act in question
does not pertain to the tax power, what i
the name, and what are the characteristic
of the power to which it does pertain !
Is it to general contract power o
authority to form legal engagements t.
which the State shall be party But i