Daily Democrat and news. [volume] (Davenport, Iowa) 1859-1864, 1862-06-25

l,.d-.h.r., .. ~ ars s.1sssr Of pabl,e
cnoceen. and opsrsts spos elhsss, - WsN q
q sls pjsyc ase altogether within The daty
q Other psssous, and no power can be i'm
piled In the corperatiou 20 Affect them
fhe STATE may esx oar property 70 make
such vodn, Tho city eanDet. The powsl
% carry on such pe6tic works BY the ~
sources Of her inhabitants, or the power q
make them bsauss thsy might afterwards
BY . local work, be made available in The
city, Cannot b naistained, without Asos.
iss ~ &sss oss q M ovSN, and putting III
ctsy n her place."
Although satisfied to have the question:
presented On the lsw Of the case, - herein
above stated, still Ne ore unwilling to con-
clude this opinion without brief allosion
TO one or two other constitutional 0bjec.
tions 70 the validity Of any act which tho
Legislature might pass, authorizing counties
to subscribe stock in railway companies.
Section 2, Article 8, crdains that "The
State shall not, directly or Indirectly. be-
come stockbolder in any corporation"
Section /, Article 7, ordains that I" The
General Assembly shall not :" any manner
create debt or debts -. which shall
sineiy or IN the aggregate -. exceed the
sum Of one hundred thousand dollars" DC.
Tho object Of the Arst Of the above pro-
hibitory clauses ~ suppose vas 70 keep the
province and functions Of tho State - po-
lice power separate and distinct from tho
business operations Of the country. 1t would
seem that the Same reasons Of prudence and
policy would apply with equal force 10 her
Subdivisions. Bot We have referred 10 this
clause Of the Constitution that 70 might en-
quire how Il 10 that counties obtsin the power
TO subscribe stock 10 railroad companies.-
They have no inhe rent power Of their Own-
they have no power derived directly from the
Constitution. II sas competent, perhaps, for
the trainers OF the Constitution TO have given
TO counties certain powers which they might
have withheld from the State, but this they
did not do. II 10 claimed that this right 10 Z
county 70 tske railroad stock Is police pow
or. We do not admit It ourselves. but the
whole argument In favor Of exercising It Is
founded upon this idea. Now the county, it
10 conceded, cannot exercise this power indie.
pendent Of the Legislature, but this power 10
also reserved by tho Constitution from the
legislature. Whence then comes this power
How does It arrive7 win II be said that tho
legislature can confer police power which she
herself docs not possess We do not believe
that such II tho theory or oature Of tho leg.
islative department OF our State government
We know that she may confer powers upon
tho judicial and executive departments. and
authorize them to do acts which she herself
could not do, for the reason that there are
distinct aud coordinate branches Of tho gov
eminent, tho functions Of which cannot be
performed by tho General Assembly, but
which, nevertheless, are, to Z certain extent,
under legislative control aud regulation
When We say. therefore. tho Legislature can
not bestow upon her subdivisions, rights and
powers reserved BY the Constitution from her,
We mean Of course . police power. These
subdivisions received their corporate exis-
tence and oil their corporate dulles and pow
ers from tho Legislature. They arc intended
~ instruments of government 10 the hands OF
the Legislature to aid IL In the administra-
ton of il public regulations within certain
prescribed localities. This being the case it
10 competent for the Legislature It any time to
suspend these agencies and reclaim the pow.
ers which she had thus conferred, and exc
cute them directly herself. If, then, there
should BE- any power which she could not
thus reclaim and exercise herself, IL follows
that II was conferred without authority. Lot
us put this proposition In the form Of . syl-
losism:
All police powers which The State may le-
ultimately confer upon her subdivisions, may
be reclaimed and exercised by herself, but
she cannot reclaim aud exercise tho right of .
Dtockholder In railroad company; therefore
she cannot confer the exercise Of this right
Is police power upon said subdivision.
Tho absurdty Of comforting upon counties
The authority 70 take stock in railway compa.
pies 10 further apparent in this. II such au-
lhority 10 exercised, and the legislature should
. fterwards find It expedient 10 suspend or re-
peal tho corporate existence Of such county,
as they have already done several times in
this State By annexing Its territory to adjoin-
Inn counties, then what becomes of this rail-
road subscription and what becomes of tho
interest which the people of the county have
In this stock and what becomes Of tho rights
Of the bondholders, whose claims against the
county do not mature for twenty years? Let
the advocates Of this power answer these
questions.
II 1t should be said that such an act OF the
legislature would be invalid because it would
impair the obligation of contracts, then it
would follow that the legislature by comforting
This authority has lost its control over the
boundaries Of counties.
Nov, as to the other prohibitory clause, in
regard TO the Limitation Of legislative author.
ity TO create an Indebtedness. Ano upon this
subject speak for myself, and no. for my
associates. The object Of this prohibition was
not to secure the people Of this State from the
evils and burdens of 40 Indebtedness created
for the ordinary expenses either of State or
county organizations, for such expenses have
never been the source Of serious complaint or
oppression.
1t is not, therefore, in this sense that the
indebtedness referred TO in tho above clause
Of tho Constitution has any application, either
10 county or State debts. Its real object was
to secure the people Of this State against q
vicious and improvident legislation, known to
have been INDUCED In BY other States. where
by large indebtedness had been contracted
for an extravagant system Of internal i'm
provements and ~ consequence, heavy bur.
dens in the form Of taxes imposed upon the
people.
Bot It il said that there Is . plain distinc-
ton between county and State Indebtedness.
aud that this clause Of the Constitution Vas
intended to be only q limitation upon the In
debtedness Of the latter. 1t 10 questionable
whether the language Of the Constitution will
admit Of 90 narrow . construction. 1t reads
as follows: +" The General Assembly shall not
IN AnY MAHsER Greats debt or debts
sekich shaN siseply o. IN ths aggregate exceed
the sum Of one ksadvsd thousand dollarsy' II
will be observed that the restriction, in terms,
IS not Against tho creation Of Z debt on be.