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

: different Interpretation that will s6sctaata
IL rsai Object
0tresg cad plausible % are these end
oshss Reasons which might b giveo 10 fsvos
Of constituting this clause Of the Constitution
% denying the Legislature tho right % author.
ise OF permit counties 70 contract large IN
debsedoess for works Of iptsrnal improve.
ments, STILL - Is 10 not necesssry % 90 -, l
l IN noe ioss peepased g say that oach - 81,
| n ueseed b. ~ 0eDeral Assembly, weuld b
| 60 coosrsvension Of this prohibitosy clause Of
the Constitution. Doubts are entertained Of
this fact By very good lawyers, and this re-
minds me OF the we'll recognised rule that
courts shoold never yet aside and aooul 90
act Of the legislature. unless It IVES clearly,
add beyond . reasonable doubt, 10 Goodies
With The Constitution. Al The same time,
must be allowed 70 express my want Of re.
spect for that subtle and refined argunenta-
tion and far fetched implication, By which
tho plain meaning and intention OF that -
cred instrument are attempted, too often, 70
be deasd and superceded.
For the various reasons which No have
hersio stated, We have TO say that 70 are do
liberately Of the opinion that the General As.
sembly Of this State cannot pass valid law,
authorizing COUNTIES or cities, IN their ccrpo
0UVSo0VsSVsS
railroad companies-tbat ~ matter Of fact
no such act has ever yet been passed BY the
legislature OF this 6tate-that, with OF with
out such legislative authority, counties have
no corporate power to take such subscription
that the election, held a. Aforesaid 10 Wa
polio county for the purpose Of taking vote
whether the county should not subscribe ono
hundred thousaCd dollars q stock 10 the Bur-
linRton and Missouri Railroad Company. was
nugatory and void-that the Company cannot
10 law compel tho county Aforesaid 70 Issue
her bonds In pursuance of said v0to-and
finally, that tho judgment below, Diminishing
plaintiffs writ OF mandamus, should be af.
6rmed.
In enunciating this decision, We desire TO
say that We have followed our convictions of
right, Of duty, and Of law, which seem 70 take
90 denial. We could not bring ourselves TO
consent 70 surrender . great fundamental
right, which had cost long ages Of Conflict to
extort from the governing classes in favor Of
the governed, and which not 70 vindicate,
lying, ~ it did, At the very foundation Of
this controversy, would have been step back.
ward towards desPo.ism.
Nevertheless, 10 are not insensible that in
doing 20, at this late day, We are liable TO OK
pose ourselves and our people to the charge
OF tnslncorlty and Oad Iaith, A0d perhaps that
which 10 still worse, in1ict great wrong up.
on innocent creditors and nd-holders: con.
sequences which We would most gladly. have
avoided, II We could have done so, and been
true TO the obligations Of conscience and prin-
ciple. Yet il IL ono Of those unfortunate mis-
adventures which sometimes will happen 10
the best governed and best intentioned COM
munisies.
We know, however, that there Is such Z
thing as Z moral sense and public faith
which may be successfully appealed to, whom
the law is impoient 10 afford relief. These
sentiments, We cannot but believe, still reside
In the hearts aud c0nsciences of our people,
and may be invoked to save themselves aud
their State from seeming bad faith.
Affirmed.