The evening Argus. [volume] (Rock Island, Ill.) 1861-1871, 1862-04-22
The Two Mill Tax Abolished by the New
Constitution.

The fifteenth article Of the old constitution
provides for the assessment md collection Of
tax Of two mills upon each dollars worth
OF taxable property, to be applied to the ex.
tingulshmcnt Of the principal Of the state
debt The article is as follows,
There shall be annually assessed and col
lected, IN the same manner n other state rev.
cuue may be assessed and collected, a tax If
two mills upon each dollars worth of taxa.
BILE property, IN addition to all other tuxc.
to be applied q, tUllpw., to.wit: The fund
So created shall be kent separate and shall
annually, on the frs, day of january. be- an.
portioncd and paid over pro loia. upon all
such state IndobtLcss, other than the canal
ami school indrbtHe~sa, may, for that pur.
pose, be presented by tn" holders Of the
same, to be entered a. credit upon, and to
that extent, IN cxtingui,hmont Of the prime.
pal OF SAID Indebtedness"
The legislature, something more than Il
year since. pissed law suspending the col
lection Of this tax. Itis urged by persons
who seem to have very little respect for con.
stitutlons or laws, or anything else that this
provision Of the old constitution i. therefore
no longer in torce--in other worls that the
act Of the legislature cti.ctuaIly repeats this
article Of the constitution out Of existence
1t that were true, then the constitution wnuIJ
not be worth the paper upon which it is writ.
ten, for if the legislature can repeal and an.
hul one provision OF the constitution, it can re-
peal and annui any other provision as well
But 1t will be found, when this question shall
be tested by the courts, that such is not the
case. that mere act Of the lexislrturn can.
hotset ASIDE constitutional provision. There
Is probably not court in the civilized world
shat would tolerate, for a moment anv surh
nonsense. Let the bondhoders of this state
make application at the trcasuror's Office for
their pro rata o! this two mill tax. let them
be told by the treasurer that the legislature
suspended the collection Of the tax. and that
their money is therefore not there for Thorn
would there be no remedy for the boudhoI.
dcrs? Why, Of course there would, They
could then apply to the supreme court Of the
state for a mandamuS to compel the collection
OF this tax, and the court wouldn't hesitate
moment. No honest court could hesitate
The court would be compelled to decide thar
the tax must be collected. The constitution
requires ITS collection, and the court would
decide that the constitution cannot be yinlo.
ted hy any act Of the legislature. and that
the law OF the Legislature was uncon>titption
a. The tax would then have t. be c,Ilo,,o1
again, and if the old constitution continuo,
IN operation the tax will thus be fastened mn.
on the people The only way the people now
have IN their power to get rid u! that tox
Is to adopt the new constitution. A mere law
passed BY the legislature cannot abolish that
provision Of the old constitution, but tie oc,c
'ohshtatto" can do It, and do it elGctualy
nder the old constitution the bondholdcrs
may compel the collection Of tne two mill fax.
out under the new constitution, neither bond !
holders nor courts, nor any other power can Il
ore9 1t upon the people. II the people of t
.IIInoIs, therefore, would abolish efectuaIly -
and forever, and beyond the reach Of contro. =
ersy, TINS two mill tax, let them vote far II
he new constitution. That will do if hon |
silly, and will put them above tbo n;.i.I al
rlckery OF attempting to avoid the forcn IS
constitutional provision by a mere Io,;gi, eN
i've act.-QNDcy Huaid. ''''" bt