The Yazoo Democrat. [volume] (Yazoo City, Miss.) 1858-18??, 1859-09-03

-. . - " w u0dersto
that it was never to be exercised until SlIs y.
work ofinternal improvement was T nra. Some
= the great general and national no p,U!ected
which, even "two thirds of both broroS' y o.
the Legislature" should b. fully con Vass q
Yet a mere majority of the Leeislahs,,nuc
exercise this extraordinary power ~ e may
mode in which they have exercised ; , Tie
sacred to be inquired into The exaro : 100
this power by less vote than two.th; S,Se o.
both houses is palpably unconstitn'aS Of
The question as to whether the Conr,'aal
90 behind the enrolled bills and osa"'' can
from the journals and other sources WHY iN,saa
an act has been constitutionally passed IG !;
least an open one in this State. In tbo y At
of Green vs. Willer ct al, before alluJoS Sa''
Chief Justice Smith aud Judge Hand 70 y
fered directly on the point; but as arD' III
from the Reporters note, appended f II !.
33d vol. Miss. Reports, Judge Fisbs, 'l !,
though concurring with Judge Hapdv !; ~
the general Judgment of afirmapce y. ID
Cured with the Chief Justice on this po;n rVu'
having formed, however, no decided onin;.-
The point in this State must be resarS Iu'
as unsettled, with some preponderanO. l' "
authority in favor of the view | have tsI. VI
The affirmative of this question has I b'a
decided in three of the States; Misoa a'sa
illinois and New York. "a Missour; D.
303. 3 Gilmer r, 466. 2 Hill N.YR .,
These authorities are cited and common,
ed on by the Chief Justice, in his opinion y
the case of Green VS.. Willer ct al, and ~.
regarded by him as decisions directly uroD
the point; aud as being in accordance viii ftI
free institutions and government of lav'
entitled to great weight and consideration
1t is also asserted by him as matter Of h.
lief, that no adverse American authority can
be found.
The demurrer in the present instance ovo,
the Court judicial knowledge of the i,e,
that "two.thirds of both branches Of tI'
Legislature" did not concur in the pass,ro
of the law, and my judgment is that such
law SO passed cannot be enforced
The fourth point made by the complain.
ant is, that the whole amount of the tsv
raised from the counties of Issaouena Wash,
ington, Bolivar, Coahoma and Tunica is Nv
the Sd section of the Levee Law, appropria,
ted to the payment Of former liabilities If
those Counties. In point Of fact, that pOr.
ton of the taxed district composed of tbo
county of SunAower, and portions of Yazoo
Tallahatchie, Pamela, and DcSoto, for tbe
first three years, alone contribute to the i'm.
provement of the Mississippi levee. 10 es,
cape the objection that the property of one
man is taken and appropriated for the use
and benefit of another, the Legislature is
compelled to assume that the liabilities Of
the counties first named, were incurred for
the benefit of the last mentioned-an as,
sumption which the Legislature had no right
to make, to deliberate on or discuss. EGu
ties of that description can only be settled
by Court Of Chancery upon case coming
properly within its jurisdiction. The Legs
lature cannot take proof upon nor adudi.
cate such right
Let us suppose the appropriations which
comprise the liabilities alluded to made by
any one of those counties in times past or
any number of them, or all of them, to have
been of the most reckless and improvident
description; let US suppose the funds raised
by their Boards of Police to have been
squandered by faithless and enthusiastically
agents. IS there any power in the Lcgisla
ture to compel other counties to come to
their relief, and contribute funds to remedy
their misfortune? Now the appropriations
of other counties may have been of The
most provideut and practical character, and
their agents may have been the most faith
full that ever bore county commission OF
this | know nothing; but that matters not
the principle is the same eau the Leg
islature compel ono county to pay the debts
of another? Aud this they have done; or
else they have compelled the county Of
Sunhower, and portions of Yazoo, ITALIA.
hatchie, Pamela and DeSoto, to contribute
funds for the use and benefit of other cOuus
ties which are not at the same time taxed
for the same purpose; that is, the last
named counties either contribute alone to
the levee, or else they are compelled to pay
the debts-no matter how incurred-of tho
counties first named.
This point does not seem to be much in
sisted on BY complainant, but do not think
it destitute of force and substance
There is another feature Of this law which
appears to me not to recommend it to those
who are jealous of constitutional rights 1t
selects certain district for taxation, COM
posed not only Of limited number of Ccun.
ties, but Of parts of counties. If the Legs
lature can select part Of county to be-
taxed for particular purpose, why not select
one man and tax him for some particular
object Of internal improvement? This
would tend greatly to destroy that uniformity
which should always characterize the levy Of
taxes. To be equitable, and in accordance
with the spirit Of American Constitutions,
md the Constitution of Mississippi, taxes
should be as uniform as it is possible to
make them, according to value. RID Kents
CON-, 1882 The improvement for which
he district is taxed may benefit some pOr-
ions, may injuie some, and ruin Others
Some of the lands taxed are worth $50 per
I,re, and some so cents, so far as the Legs
allure could know. Some are taxed ones
i've hundredth part of their value, and some
me fifth.
It is with gielt reluctance, and only under