Indiana American. [volume] (Brookville, Ind.) 1865-1872, 1868-12-04

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% expedient 70 exercise thin power a. sp-
piled to ! civsn subject matter. Hsving
found the power 10 the Constitution, We
should rather b expected to look to pre-
cedent, authority and the reason for the
rule, and thus determine tho proper limit
for it's legislative exercise. Streets and
highways may be constructed By taxation,
as distinguished from an assessment, but
they both seem equally proper objects for
the application OF the principle of essess-
ments on tie ground Of local benefit 10
property. They are constructed along the
line or through the lands Of a proprietor.
they become psrt of the fun prove tnent or
bctterments Of the land itieIf they are
outlets required for its full endowment and
use. The application Of this rule of
assessment has been made 10 highways %
early as 1891. In the county Of Ulster. In
the colony Of New York, (Bradford laws
45.) In that State il has been applied 10
highways, surnpikes and the drsinisg Of
marshes. In January, 1886. an act vas
passed In Ohio 10 Law out aud establish 4
free turnpike road from the town Of
Perrysbure 70 the north line Of Wood
comfy. and the policy was adopted Of
constructing such roads IN the northwest.
ern norton Of that ueiQhborinc State
thronob the medium Of eorporations orea.
ted for that purpose, authorizing the
assessment for their construction of .
special tax mon the. lands situated within
a given distance of the proposed road.
The applicaton>ef the doctrine 6f the
assessments to the building Of turnpikes
through the medium Of corporations was
sustained In Reeves vs.. Treasurer, Eighth
Ohio State. 333; in State We. City OF New
Brunswick, Both New Jersey, Claw report
1857. 1t was held that the city authori-
ties, II, 10 their Judgment, the health, CON-
fort, convenience or prosperity Of the city
requires, il may order turnpike coming
into the city. to be graded and paved at
the expense ofthe owners Of the lots front
ing upon IL. In the case Of Mayor. &c.
VS.. Livingston 9Th Wendell So, the Cham
cellor used this language at is we'll
settled principle that where any particular
county, district or neighborhood 10 ex-
clusiyely benefited by q public improve
ment, the inhabitants Of that district may
lie taxed for the whole expense Of the i'm.
provement in proportion 10 the supposed
benefits received by each" An act of
the Legislature of Pennsylvania author
lied viewer 10 take into confederation the
advantages Of laying out a highway 70
land owners. and to assess the property
benefited for the benefit Of other property
Injured. In Nicholas VS.. Bridgeport, 23d
Conn. 199. Il Is said in the opinion by
Hinman. Judge: "Most Of our highwsys
are Ibid out by the selectmen Of the towns
and the expense il borne by the town In
which the highway is located, though in
regard TO many Of them tho inhabitants
of the towns have a much less inieres,
than the public beyond the local limits Of
the towns. but the TOW ms bear the burden
because the Legislature has thrown IL up.
on them. II must. with the same pro-
lriely. have thrown il upon the counties,
or even upon the less territorial corpora
lions. lie held that, although there may
be occa ional hsrdslips o no mole qai,s-
BILE system has been devised, and was OF
opinion that these principles are deducible
irvm the ack nowlsd,ed rights Of the pub.
lie Ia taking laad for highway, to cons
slider the benefit aceruing TO the owner as
set of to bis claim for comp ensation ia
whole or part la Mississippi. statute
in regard to eyees on the river ausbori-
zed uuiform tax, moi exceeding ten cents
per acre, upon alt lands lying on or With.
10 ten miles Of tho river. The law was