The weekly hawk-eye. [volume] (Burlington, Iowa) 1858-1860, 1858-11-16

DwnE11aFo1, IOWA.
Rossoay eseess NovsnbsR 10. 1855.
ne Oonssas0sloa and state Debss.
Il DsbsqUs resides Plat Smith Esq., wAe.
% ars ted. enjoys n that COED city and In the
Dssasfy thereto adjsesat aud belonging, an ex
Dsllsae ssputasien - . lawyer. Indeed, SO
grsas 10 bic professional rsaewn, that he has the
Aeasr and the prols Of being the attorney Of
Ne Dsbsqus I Pasi6s Railread Conpany-s
company, eur readers are aware. NOS Of the i'm
potent helpless, poverty -stric ken kind 90 com.
men in this State; fer We are pleased 70 ~ able
70 affirm upon the authority efths Company's
exhibit that IL 10 possessed Of almost ilimitabls
wealth; having, besides its other vast resources,
properties and advantages, been the beneficiary
Of The Stats 70 the extent Of upwards Of 1900,
600 acres Of lAnd, exceeding 1000, 900 in
value. We are furthermore pleased to be able
70 cay that the receipt Of 20 much has not inca
paeisassd the company Or rendered il unwilling
70 receive more; for railroad companies appear,
like -eenstristers, to have immense powers
Of deglusision and digestion. The company
having juss recovered from the lstAargic state
that always succeeds rsplssien, end locking
around for another feed At the public expense,
fastened its longing eyes upon the STATE treasury
and inmsdiatsly became slanerous for rs pos
sessien. Il vas soon discovered Aewsvsr, snss
there vas . siehs eld.fasbionsd obstacle in the
way, In The shape Of the State Constitution,
which 10 would b necessary 20 remove, overturn
Or otherwise dlsposs Of before pessession could
b. obtained. Resort was at once had to Mr..
Smith. Why shosld the company employ. At .
high salary, learned, assuts, hair-splisting,
brain bsfogging lawyer, ualsss he was both able
and willing 70 prove by . legal argument that
black 10 white, and thas the provisions Of the
Constitution mean sxsetly the reverse Of what
everybody, in including ito fransrs, always
supposed them 70 mean! The learned, laberious,
sanguins, sagaeious, snthusiastie xr. Smith,
obeysd the mandate of tho company, and i'm
msdiatsly Get to work to earn his salary, by
writing An argument that should oonfound the
world. We are glad to know that be was NOT
compelled 70 rely upon his own unaided intel
lsetual powers, but that hs had leisure to exam
Inc the most Rscondi,s authorities, having had,
- he tells us, At the very time Of writing his Al.
tiels, vsrk before him ''that dsvosss ever
hundred pages to the considerations Of rsstsio
items upon legislative power, including a large
class Of express, specific rsstrictiens, which are
to BE- found in almost all State ICsnsttusiens."
long letter, designed to prove that it is conssi-
rational and proper for the State to grant aid to
the Railroad companies, and that this aid can
be granted BY the General Assembly and voted
fer BY the people in an omnibus bill embracing
all the companies; in other words, that the Sth
SEQ. efArt. Z, Of the Constitution ofIswa, means
just nothing at all when it dee arss that no debt
shall be created ''unless such debt shall BE- AZ.
thorixsd BY ssms law for some single cork Or
object, to be distinctly specified therein, submit
ted to the people at soms general election, and
voted for BY . majority.
New, We profess to b familiar with only one
branch of the law, for which We are indebted to
our amiabls friend Judge Claggst; yet in this
condition Of profound Ignorance, We do no.
hesitate, unemployed and unpaid As We are, to
enter our entire dissent to the conclusions Of
Mr. Smiths argument. We might not presume
to do 20, perhaps. we're not this simple ques-
tion Of the construction Of language, for which
any man Of ordinary education, is as competent.
- the attorney of the Dubuque l. Pacific Rail
road Company; and were not the argument"
printed in the railroad papers, and thrust in the
face Of every maa in the State, thus challeng-
Ing criticism and reply from the simple and IN.
learned 40 well a. from the learned.
We admit that il 10 constitutional for the State,
with an approving vote Of the people, to contract
debts for the construction Of railroads. In this
We agree with Mr.. Smith; but We disagree with |
him when he says, that an approval by the peo-
pie, sfssveral separate and distinct roads iacor
poratsd in one Law, would render that law valid |
and constitutional. Sec. 5, Art. I, of the Const.
tuition reads thus:
Except the debts hsreinbefore specified in |
this article no debt shall be hereafter contracted
BY, or on behalf of this State, unless such debt
shall DO authorised by some law for some sn-
gle work or object, to be distinctly specified |
aad such Law shall impose and provide |
fer the collection Of direct annual tax, suf6- |
silent to pay the interest on such debt, ~ il falls
due, and also TO pay and discharge the principal |
Of such debt, within twenty years from the time |
Of the contracting thereof; but no such law shall |
take effect, until ~ q general election it shall |
have been submitted to the people, and have
received . majority Of all the Votes cast for and
against il At such election; and ell money rais-
cd by authority Of such law, shall be applied |
only to the specific object therein stated, or to
lhs payment Of ths debt created thereby; and |
such law shall be published in, at least, one
Newspaper in each county, il one 10 published
therein. throughout the State, for three months
preceding the election At which it is submitted
70 the people,"
II will DO observed that . debt can be crsa-
ted only 'Jfor some single ,cork or object, to BE-
sissinetly specified" in the law. Now what is .
single work or objecn" What is meant by
The word singles photographers say that ii
means, "s.parate," ''one," "only," individual"
''eo"sistins Of one only" If this be it's mean.
ing how can more than one "work or object" be
.~se~SN
shows shat such Ia the meaning. II always RS
Isrs 70 the 1aS, the ,Oork, or the object, in the
'ing"lor aumbsr, ~ when il says, sall money
raised BY authority Of such law, shall BE- applied |
'aly to the specific object therein nGmsds" We
understand BY spseifs the particular one, the
snly, the definite object, and that where there
are more than one named, there cannot be the |
'.pseife object named" Can there be particle
If doubt, in the mind Of any intelligent man, as
70 what 10 the true intent and meaning of this |
:lause of the Constitution! We think not.
Well, how dsss NJ. Smith argue around shis
ainRsulty in the way Of Railroad Companies
Why he does not attempt it. He does not even
furnish q plausible pretsxs for violating the |
which, in these days. it is generally
'uppossd an Attorney 10 bound to do at the re- !
ausss Of his employers. The only real point |
10 his argument 10 this that in contemplation |
IF Law, Railroad Companies are artificial per- |