, 1865-03-02


do efficient service IN command Of an army
upleHs he be sustained and supported b. the
confluence Of his Government. Ono might
now tremblo for Gen. Johnston bnt for the
consideration that Gen. LIE Ia Commander.
In -Chfef, with large jurisdiction over the mill
tary affairs Ct the county, and. VIC trust. a
resolutc will to use TINT p,wer for our good.
TOWNSHIP aOUKT1ES I'M H.
LIMOS.
Eecision Of Judge William
son at Peoria
The Township Bounty Law Held TO
be Constitutional,
tFrom the Peor1a Transcript
Austin A. Gordon et al, -. Richard r, Sea.
bury q a. The complainants filed their bill
against the defendants, officers Of the town Of
hlckapoo. to restrain them from Issuing
bonds Of tue town, for the purpose Of paying
bountles to volunteers, substitutes and draft
ed men and to en]oln the leyyspd collection
bonds were about to be issued, and taxes loY-
led under an act Of the last Legislature,
No question is made aS TO the regularity of
the proceedings had, and the only questions
TO be determined are those Of the coustitu-
tionality Of tho law.
It il the duty OF all courts to hold laws,
passed by the Legislature, to be constitution
nj, unless such laws are clearly aud palpabIy
q violation OF that Instrument. Whenever
court entertntns q doubt Of the unconstItu-
tionnlity Of the law 1t must hold 1t constitu-
tonal, and every presumption IL In favor Of
Its constitutionaltty. It Is the duty of the le-
iE1o trtrc n 1f ty%r Al
observe the constitution. They, too, are
sworn to obey It, and they violate their duty
and their onths in the passage Of any uncou-
atitutional enactment. Therefore in tho pass
age Of & lag. the opinion Of the 1aw-making
power is expressed IN favor OF the oonsu-
be in any other manner. and 1t would bD pre-
sumption in q court or Judge, while he enter
tain. d any doubt as to its unconstitutionality
to hold It unconstitutional, and void and to
overrn1e the cleatly expressed opinion .of the
Ta poTss erTt VIZ q tS@ de ,,,.a States
In u Wheaton, go, say, "lt Is bnt decent
respect due to the .Fisdom, the integrity and
patriotism Of a Legislative body, By which
any Law Is passed, to presume in favor OF It's
validity, until Its violation Of the conststu.
tiou is proved beyond alI reasonable doubt"
gay, F." In questions Of this Kind 1t ia our duty
to decide In aVor Of the validity Of the stat
| ute, uniess It's uneonstitutionaaty is so obst~
| oue as to admit Of no DOUBT" The Supreme
| Court OF Iowa, q Iowa, o08, hold that a Court
will not pronounce law unconstitutional
| "unless the case be clear, decisive and unn-
yoida ble." The Supreme Court Of Illinois,
also, In relation to decla,5ng laws to be un-
| constitutional, says, at should not more.
over be decided but in cases Of clear necessi-
f1y, and when the act done is in plain con-
a.ct with the constitution.-1o nl., Ill, 3rd
Scam, 240.
!eehowiDg that 1t Is held By al Coafts, that to
hold any law passed by the Legislature to be
Unconstitutional, is q matter Of great delica'
cy, and will not be done when tie Court en-
tertains even doubt upon the subject.
With this rule, 80 we'll established, Is q
guide. and taking into consideration the fact
the Legislature unconstitutional aud void,
would render void all the bonds and securities
that haze been issued by the numerous towns
cities and counties Of our State, for the pur.
pose Of encouraging volunteering. Courts
will hesitate long before they declare the
statute unconstitutional.
It Is seonteudcd that the law in question Ii
| violation Of that clause In the Constitution
which prohibits the taking Of p.lvatc pro- Per.
ty for public Use without just compensation.
The answer to this is. that neither the act oJ
the Legislature nor the proceedings had un.
'ler 1t, propose to take property IRON any
person, and It has been so oflen decided by
our own Supreme Court that no method ol
taxation, where the: property itself is moi
taken. does come In conflict with that clause
Of the Constitution that It is needless to cite
authorities upon this point. Levylng tax
upon properly Is not taking The property
and therefore cannot be q violation Of that
clause Of the Constitutiou. Nor can It be
said that the payment Of the bounties fs mp,
plying the money 80 raised to pirate Pnr.
pose. The fact that this money msy be paid
10 the individual who volunteers Of may be
to private purpose than the Issuing
Of Government or city bonds and pay.
Ing them, or the proceeds Of them, to
= private corporation for the constzuc-
ton OF their railroad. 1t is said that such
bonds may be issued and paid 10 private cor
pofatlon to construct road, because the
road Is public benefit, but 50 Is the putting
down Of rebellion public benefit. It Is Tie
end designed to be effected with tbs money
or the bonds that determines whether the
for which the money is raised Is to procare
men to suppress rebellion and preseEyc the
Government from overthrow und ruin. 1t can.
not be said to be private, although the money
or bonds may be paid to the person who IN.
dertakcs to perform this public duty. We
Flishcd to determine It's character, rather
than at the meAnB by which it is to be nc.
eomplisbed. No man will contend that thu
mere payment Of bonds or money to railroad
company is public benefit, but 1t is the use
to which they agree TO apply it.
1tisalso conts nded that The duty tovolunteer
and serve In the military service Is personal
or individual duty, and that tho Legislature
has no power to direct the levy OF q tar to
pay Il man bounty to do his individual duty.
Although it Ia the duty Of any and every man
to give hls services to the coLntry when called
upon, get the duty he performs il public
duty, and the money Is therefore paid for a
public usc. It is paid as much for the benefit
Of .hoEe who remain as thosc who accept It
| and 70 into the service Of their country. The
| argument proceeds upon the hypothesis that
MS the man BY serving h!s country only per-
forms his duty, therefore be can hare no legal
right To require pay or bounty But it is not
right to this bounty to enable the Lcgis-
1ature to direct the levy Of tax to pay
hountles. Such q construction Wonld
sweep away nearly all taxing power. The
Court Of Appeals in the State Of New York
upon this point, say in Kernan, 149, 1.-THE
Legislature Is not confined in Its appropfia-
tion Of the public moneys, OF the sums to b.
| raised By taxation In fayor Of individuals, to
cases In which legal demand exists against
I the State It can thus recognize etaims
founded II equity and Justice IN the largest
| sensc Of those terms, or IN gratitude or chari-
W. ,AHAePcALeut W EAp1ess coAstitlClonal
restrictions, 1t can make appropriations Of
money Whenever the public well being re-
|. qu1res, or will be promoted BY it :; and it. is
the judge Of what is for the public good. II
can, moreover, under the power to lery taxes,
apportion the public bur1hens among all the
taI-payfng citizens Of the State, or among
those ofa particular section or political d.
vision.
And 1t cannot be commended hut that those
entering the service undergo SO many saeri-
fees, privatfons and hardships as to entitle
them to some compensation aid consideration
may not have legal right to demand it, and
although they may be only dlscharging their
individual duty to the Government fur the
common good. In the language OF the de-
cision quoted, they *shaye demand founded
in equity and Justice in the largest senss Of
these TERMS and they, by being in the ser
/ vice. relieve those at home from the sacrl-
Eces, priyatfons and hardships which they
themselves endure.
It is also contended that this law is rio.
lation OF section s. articie9 ., Of the Constitu-
tion, which provides. '' The corporate autbo-
rifles Of counties, Townships, school districts,
cities, towns aud villages may be vested NTH
power to assess and collect taxes for corpo-
rate p1rposes." do not deem it necessary
to decide this question az the view take Of
the law does not render 1t necessary. The
questions therefore, >as to whether this tax
is tor corporate purpose OF the town where
levied, and whether the language is prohlbi-
tory upon the town from levying taxes for
other than ccrporate purposes, becomes i'm
material.
The tax to be levied, under the Law uow in
question, is leried and collected by direction
Of the Legislature, and not by direction Of
the township. Vi pon the happening Of cer.
tain contingency. Or, rather, the performance
Of certain acts 81 individuals, asspeeided In
the act, the law declares the tax shall be
1eried and collected, although the amount is
left to the Judgment Of certain officers Of the
town: Nevertheless, the language Of the
Legislature, not Of the town, and the town
can no more avoid this duty than ii can re
zeal m act Of the IepIalature. The