Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1867-04-18
Doubtful Legislation.

legal form Of objection which may be
thought to lie both TO the mode and sub
stance OF the action in view, at least so
far as to require connection.
The form of action described gives
effect to such aid as is granted, through
the assent of majority in number Of
the individual taxpayers of a town,
obtained under their signatures, who
shall at the same time represent an
average on the grand list of 1866, more
than half of the tax-paying property Of
the Town. 1t would seem this to be
intended to avoid the practical injury in
such a case, Of the imposition Of taxes,
through popular excitement or caprice,
by majority of citizens who have lit
tie TO pay. 1t is doubtful certainly,
whether such modification OF the pow
er of the majority of voters, is legiti-
mate, as looks to the amount of pro-
perty OF those who compose it.
The power of the municipal body pol
itic is in the individuals entitled to its
privileges. To limit their authorized
action by the consideration OF property
would impugn the principle of equality
between them. 1t would annul their es-
sential right. To authorize an enlarge
ment Of municipal authority under a
condition so homogeneous, may enable
the objection less fatal, but hardly less
logical or pertinent. In effect, certain
ly, this majority must have property
qualifications, which cannot be admitted
legally to qualify their corporate rights
AS condition precedent Of what is to
be done, the rule were admissible, but
not as to who shall do it.
But the town as body polite is an
entirety and must act as one. 1t cannot
be governed even by major part OF its
citizens, except in the mode of action
proper to its nature in which all par
take. The decision which governs it is
that of the whole, to which all have had
opportunity to contribute their intelli-
gence, argument or influence, in open
deliberative meeting. The result is
binding upon the corporation,-the nat
ural municipal condition is that of free
dom,-because all do in certain regular
forms assent to its proceedings, and are
privileged to be thus bound. The leg
islature, by just as good right in re-
spect to the towns, with just as much
regard for their municipal authority,
mi light have hinged the issue of bonds,
contrived for their use, upon the consent
of d misority of their poorest citizens,
a majority of their children, or have
conditioned the action of their select
men, treasurer or clerks, upon that of
colored citizens, more or less miserable,
of the State of New York. The action
| of a select portion of citizens, however
shrewdly chosen has no relevancy to the
act to be DONE that of town in its mu-
nicipal capacity. The same rule attaches
to the most meagre corporation,
binding it by the acts OF those con-
cerned in their proper powers Of &C
ton.
The State may tax single town, and
direct a town or State officer to collect
the tax. This is State action, yet rare
| ly done except on the request or to cure
the delinquency Of town. So the
county court may receive partial au-
thority for similar cases, to enforce the
obligations of towns rather than to sus-
pend their privileges. But the State
cannot discriminate among the towns
men as such, even by the principle of
| weight of metal or give to majority
or minority,-the irregularity is
equally fstal-a corporate power incon-
sistent with the rights of the body as 8
whole.
1t is only to see that the ingenious
form Of assent might comprise not the
main body Of tax paying people in its
majority, but few only of these, and
their numerous dependents may bind the
town. AS an additional defective princi-
pie in the law, the property Of persons
deceased or removed is permitted to be
represented and bind the town on the
score-not of citizenship at all Of course
for it is property.
A remedy for this inadequate legisla-
ton may be had perhaps in still pursu-
ing the ordinary forms, snd regarding
the essential rights Of town action. The
proceedings of the legislature may be
thought to authorize the aid to be given,
and the obligations to be executed by
the towns for the object. Meetings in
the regular form may therefore be held,
and it being ascertaiued that majority
of citizens owning more than half Of the
taxable property on the grand list of
1856, under their hands desire it,-per-
haps the less heard of this condition the
better-the aid authorized can be voted,