The weekly hawk-eye. [volume] (Burlington, Iowa) 1858-1860, 1859-12-31


scarcely be claimed that county has tht
inherent right. in III eofperate capacity, e
/ tAx the people for any such Fsurp0sO.
The argument thaE majority must ruls
under our 9oem Of government and that each
citizen, - member " society, must submit
Is thin rule. s. applied b such questions. ID
| IS lee dannorous tisan fhllacios,e Carried
tout, uopnlaF will, when thus axercipod. could
| lcralise the EXECUTION az tle citisen-could
| take As property and give il Is B. These
propoeitione Would be REGARDED - monstrnus
And vak hovr Il IL dicarenk vrhnn 4hn r,e;cr;&v
afiersnt q, fax The minoritv. r;thout IA =, !.
thoritv 81 leoialative aanct;or a. nnrrcs.
nrt;.clv f,re;c,. ). *. s.,...s.s - E-.lsFs~
.S-s1 ~ =. 49, .fRo1s = I0sS1 II,
49,. !. 49, 49, :. PIu0iH'o go
:. 3 49,. ...aS 81. sS'y Mnsu s,eNe4 I. ,1lo1
$3.50 - ..e0 s1', !. - .isnts Wnlcl ase
sco.lIu ~ e ~ suG natural law ana Wnicn
| ny ~ ,eeis'st'on can take rom a.
Ansn, again, she conntaes exercise granted
powers and as municipal organisations can
not exercise any othsE Il not expressly
granted, yet If necessal TO carry out or ac-
complish the purpose and object Of their
creation, they may be exercised, but not
otherwise. (McMillan w. Lee county. Iowa
3ll J Ii the power cInimed in this insfancc
has not been granted. or is not necessary far
| the fulfillment of the purnnses des;gnad 81
the creation of the CORPORATION tia .on.,n-
sim follows that i. oxe,,o;sa ,.,,,a j. nj.
Ga, and mn go. "o141 - AAio-
RI - ,
con.Sa,. ps a' 'nss par1 % .he case 20 the
h,,a.a $500 - r eae e.ss ano '1i'd propositions
Cor.,;,.,.;oa sue pOwsl can, unoer me
,nra 49, 80. ..s, aco tus Ie&isa.-
49, $50. .Is uAuer zoe constitution, made
~. 81 $3.50. leeo nos stop 20 view y 90
shhrer;a,a M .. 30 anu mere AGAIN may
,ha o,,as,;o,, s ol"'o" coInn'ig myself 20
""osue' tne power mas oeen con
r" rs 'or y no., inc argument . at an end
~! % c.."eo 70 DC gwen by STA Of the Code.
.a Us er never mas oeen held 81 any member
~. i..S ; Auu w,'n tne utmost respect TOR
~ Suuke oenserinG the opinion m
"a. &c.,, :. Daouqus 70: 70. Dnouque and "a
.u 80 ufeene, where TINS
= : n,ain.a'neo, must say, that It -
- y see.n ~ us spirit, as Wen as the no.
| ' anu "eh auoerstood history OF our legis-
mr w 'n's SUBJECT.
| e .Ausuags "oicn u Claimed gives this
po"c, 70 as ionows: ihe County Judge may
eao'"', " '"e people OF TINS county, a. any reg.
aiar e'ecilon, or at special one called for that
purpose, the question whether money may be
ooffe"en, 70 aia IN the erection OF public build.
1
70 construct, any road or bridge Uhich may cali
lJor an e1trdord'ndry expenditure; whether stock
| saai De permitted TO run at large, or at what
time IL shaii De prohibited; and the question Of
any otne! local or police regulation, not incon-
s's'ent WHO the laws OF Ibis State" The ques
| t'oa Is, what 'roads are meaDn Does this
| sec,'on embrace railroads, or only the ordinary
mgr ways or roads OF the county?
| ~ IS sa'o thst u is not 70 De confined to the
| latter. because they do not require such an ex-
traoroinary expenditure The argument, If
| true' proves TOO much. For II they did not res
| qn're IL, then they are not within the language
USED, and the provision only applies to railroads,
or roads OF that character, rs contra-distin.
guished from the ordinary highways of the
state. And yet no person will claim this
Dut then why do not our common
| roads or highways, or why may they NOT. re-
9nlre sucn an expendture-an expenditure
greater tnan can be applied from the ordinary
| road revenue OF the country? II lie improbable
| that in manp portions OF the State ell OF the or
binary revenue applicable to road purposes. and
all The work provided by law, would be insult.
Client to make some desired aud necessary oo,n-
| mon road pas able, or in proper condition for
| the trade and travel Of the COUNTY?
II seems TO me that il is plain 70 the aDpre>
hension OF any person that such case il no.
only possible ba. probable. I could readily
suppose instances, but their probable, not to
say actual existence, must be palpahie 10 any
man. Let me refer to one item in our legisla-
| t,on, however, which affords demonstration on
TINS subject. We bad swamp or overfiu I'VE d
lands IN this State before, as well as after. the
passage of this section, aud before as well as
after the donation of these lands by Congress
TO the several States. Roads had to be con :
structed over these lands for the purpose Of or
binary travel, as well as over other portions Of
the State. Now, if our ordinary highways did
not and do not in fact require an extraordinary
expenditure under auy circumstances. and ii
| the revenue and labor devoted to road purposes
are sufficient for putting any aud all OF them IN
| a proper condition, why should the Legislature
| by express enactment, devote large portion
of the proceeds of these oserAowed lands 10 Tie
| opening of the roads over such lands. ana a.
| the same time give tie roads ti.eir eau.l nor,
tioa OF the ordinary revenue and worA? | re-
| peat, therefore, that this arrangement proves
| 100 much, AMI is not sustained by the actual
| position and condition of our hignaays, either
before, NJ The 'i'ue, or subsequent 10 tie adop
! ton OF the Code.
Ba. it is SAID that the word "aay" ssexteuds
| 10 an indefinite aaaber oil roads, This NAV
| be true, and the inquiry would still remain,
| does 1t extend 60 All indefinite uInntpr III kiudS
BY no means. Bus take the whole lanrntp.
amy rosd or bridge rAich may call for a., er,
trnordsnary expenditure" and parsing il what
rs its meaning! Msniies,ly, the word .any"
refers TO such may require the expenGitnre
named, and We still have to ascertain 10 mhat
roads such expenditure may be applied. NJ,
only so, but ''any," as here used, refers 10 tie
sodd-a road, any instance, case or occasion.
IN any county, in any par; Of The State where
the expenditure is regarded as necessary.
But am teld that = 567>S-9 o! the Code
provides 40 ample fund for ordinary road pur
poses. and that this may be increased 20 any
extent by vote OF the people In most cases
IL may be true, that the revenue provided for
10 these sections is sufficient. We have already
seen, however, that this is not true 10 the ex>
tent claimed. But is said the amount NAV be
increased by vote OF the people. BIZ ulaat
authority and an mhat manner, ask Tie
dns'rer as, by his Tery section la, nhieh zee are
noN eomstruing. And thus when it i said that
the fund may be increased, By such a vote,
what becomes of the argument that such an
expenditure was not contemplated as applying
70 our ordinary highways.
Having thus noticed per ans Al rre,tar
'ehsth than necessary, the arguments ulged