Oxford Democrat. [volume] (Paris, Me.) 1833-1933, 1863-07-10
VOLUME 80, NO. 33.

- may pfesSfAoe inc nooe and manner OF
obtaining such services. The obligation
Of obedience rests upon the citizen. IL Is
part Of the duty be owes the government.
which protects his rights. The duty j. pr
soEei-that Of each citizen. II drafted. the
service must be his personal service II
substitute Is procured. - the proeuratiOn Of
such substitute Is TO be made by the per
son drafted. II Communication money be
paid. A> Is to make such payment. A friend
may volunteer as a substisute. or may aid
him in procuring whatever sum Of money
may be determined by the Secretary Of
War as the price Of exemption; as be nav
aid him IN .disehArging any other personal
liability. But the iabiIity.-whether to
serve. to procure = substitute. or to pay the
sum fxed as n comm3tz.ion,- lis in each
case alike personal liability. Each is as
much a personal Liability As the obligation
70 pay a tax duly assessed. or TO discharge
debt. OF 10 perform any other act required
6y contract or by statute.
IL will be perceived. therefore. that the
question amognts 20 this,-whetber town
can legally raise money gratuitously to
discharge the peeuniary obligations Of the
citizens. or to procure their exemption from
military or other service. i. such power
conferred upon the municipal corporations
OF this Slater
The general power Of towns to raise
money Is given BY the Revised Statutes Of
ISIS. ch. 8. section 26. in these words
- be qualified voters of q town may raise
such sums as are necessary for the main
tenance and support of schools. and the
poor; for making and repairing highways
and town ways. and bridges; for the pur-
chasing or building and keeping in repair
bearse and house therefor for the exclusive
use Of Is citizens; aud for other necessary
town ehar.es.'
BY subsequent acts further powers have
been conferred upon towns; and the exsr-
else Of doubtful powers has been confirmed
BY legislative authority. Bot the raising Of
money under statutory provisions 10 cooper
sfe vI1h ne gc1oral government. is man
ifestly 70 be distinguished from raisin:
money for purposes 50 diferenet. anasthor-
ized by any existing law.
The words . other necessary town char
ges" DO not constitute n new and distinct
grant Of unlimited power to raise money
for any purpose whatsoever. at the will and
pleasure Of a majority. They embrace all
incidental expenses arising directly or
indirectly in the due and legitimate exercise
Of the various powers conferred by statute.
While towns may raise money 10 dis
charge all liabilities in the Performance Of
their multiplied municipal duties. they can
not unless new Powersare conferred. or an
excess Of power receives subsequent legal
ratification. transcend the authority given
By the statute. and incur Liabilities in no
wAy arising IN the course ofits exercise.
Thus Il has been held by this Court. that
tax for the discharge Of a contract. en-
tered into BY the town with the corporation
Of a toll bridge for the free passage Of its
citizens over it. vas illegal. II has ike
wise been held, under similar statutes in
other States. that a town has no right 20
raise money for the celebration Of any GREAT
national event.-as the capture q Cornwall
is. or the Declaration of Independence.
50 it was decided in Eaerv g. Hosper. "a
Ma'ns r.. in the very clear and conclusive
opinion Of Mr.. Chef Justice Sheplev. that
town has no authority 20 raise money for
the purpose Of redistributing IL among its
citizens. Much more. then. towns have no
authority % raise money 70 give a. mere
gratuity 10 one or more citizens. % enable
them 70 escape the performance Of services
which every citizen should cheerfully rem
der a. due 90 the government. unon the
prosperity and perpefuify Of which the fu-
ture hopes 81 humanity must rest
We're town Co raise money 90 be distu-
buied O. favored Individuals. The tax asses
sed ior such purpose could not for a mo-
ment BE- upheld. Still less can 10 be-. ui,en
the obvious and Inevitable tendency of it
would BE-. 90 defeat the object for which
fhc at OF Congress before referred 90
was passed. That was an act % raise
soldfers-no. % raise nl0ney. Its primary
and special purpose was o. supprcss IN
snrrcction by means of an armed force.
o. Pc raised in pursuance of 30 provision
II one town may assess taxes o. pay fho
communication money - those Who may b.
drafted. 80 nav al snd the government
would be left without soldier for ifs pro-
lection. and the nation surrendered into the
pogcr % those who arc warring for a. over
throw. By such course TIE wealth ard
taxable property u the community would
be diverted from CHE deienoe a tle govern
mcrt. and the resources of the state would
be turned o. rfs destruction. ~ depriving
r. Of the means Necessary Tor its prcserva-
ton.
We therefore answer each Of ne IN