Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1869-07-30

IN wiz
that tho act incorporating the Uuivore;t,.
r. +. Co. Is unconstitutional, and tL1 T'%'
sons for such opinion are fully stated -.
Chief Justice Pearson and Justice RnT
man. The difference of opinion upon tbo
Legislative power of taxation has couond
somo delay i'll the decision of this case I
think 1t proper to state the conclusions 80
which have arrived, without attenptin,,
any elaborate argument on. the subject
The power of taxation is one of the clior
attributes OF sovereignty, and no constitp
tional government can exist without Il
In Republican governments the usual safe
guard against the abuse Of this power !.
the responsibility of the Legislature f. H.
constituents. Until the formation Of an,
present government no other safe. puor1
against unjust and oppressive taxation wns
placed in the Constitution of this State
When the Convention of 1868 met to ~,
model our State government, it saw nro
per to impose some constitutional restrir.
tons upon the Legislature in relation r.
the exercise of this power.
We must suppose that the framers nf
our government did not intend by thcsr
restrictions to limit the Legislature in surb
manner as to prevent it from SUSTAINING
the honor and credit of the State, nroyiI
ing for the Gxigencic8 of the government
and advancing the best interests Of thenco
pie. We ought to consider the cirrum
stances by which tho Convention was sur
rounded and cOnStruO these restrictions
| with due liberality. 1t seems to me thai
tho Convention in framing that part of tn,
Constitution which relates to taXatiou had
several objects in Wow.
The first object was to secure the honor
| and credit of tho State There was p largo
State debt which had been incurred in de
Veioplng the resources of tho State and
not only common honesty but good policy
required that it s0uld be secured and the
accruing interest promptly paid For the
| purpose of gaining public confidence the
solemn assurance was placed i'll the Drca
| ration of Rights art !, Sec. g. that the
State debt ''shall be regarded as invioabln
| and never be questioned ;" and then Ia
meet this obligation tho imperative duty
was imposed upon the General Assembly
to make provision for its payment 'Hy
appropriate legislation and adequate tax
| alton" art. $, Sec. d. Upon n ques
| ton in which tho honor and credit of the
State arc involved, we cannot believe that
any restrictions are placed upon tho lrEis
| laturo which would in any manner prevent
it from promptly performing IN imperative
duty.
| Tho object Of tho Convention iii Art +.
Sec. |, was to provide q syatcm of general
| taxation for the ordinary expenses Of The
government, which il to operate with -
! Just equality upon the Citi2cns and prop
orty Of tho country Tho capitntion iay
| Is limited to two dollars on the head, ani
| for the purposes Of general tnXaiiou the
eaX on three hundred doIAra worth "i
property cannot exceed that amount
| IN1,A I L -
enuo system for the State and sections ]
and provide special taxes for state in.
dobt1dness, unexpected exiGnncica, aud
for the completion of unfinished railroads.
Tho object of section 3 was to place -
| restriction upon the increase Of ihn public
| debt until the bonds Of the State shall ~"
at par. This restriction cannot, under
any circumstances. extend to II debt IN.
Cured for casual deficit, or for aupprra
| sing insurrcctiOn CT INVASION and when
tho bonds of the State are Mt par, the re-
strictiCn ceases as to all now debts in lie
half OF tho State.
The restriction in this section requires
tho Legislature to provide for the pay m"lt
of the interest OF any new debt incurred
| by Ii special tax. As 10 tins tn tho icEla
laturc becomes directly accountable to It
constituents, and this is, III general, n mill
clCnt security against improper icRGgtluu
iii Il republican government vhcrc clcr
lions arc tree and frequent, This section
docs not regulate taxation, but provides
| tho manner Ill which new debts are to 1T
incurred for tho general welfare of the lru
pie. The Convention evidently cOntcm
plated the necessity of mourning ncW
debts, outside of tho ordinary expenses oi
the government and if the State credit
| 10 - Il I.,.
been placed on the Legislature III this ro
spect. The debts to be thus incurred n,
to be Gin behalf Of the State" andfor Tia,
benefit of all citizens, and rot for any spo
cial locality or section.
When the State can get par value for IT,
bonds, and oxpends tho money for tn,
equal benefit of all its citizens, then there
can be no impolicy or danger III using 1T
credit for such purposes. The debt il in
Cured by all for tho benefit of all. The
special tax mentioned in This section must
be adequate for the purposes intended nnd
cannot be regulated and restricted by sec
ton /.
The manifest purpose of the Convention
was to provide for tho completion, az soon
as practicablC--of tho Railroad system
which had been commenced i'll the Stat,
and the only restriction laid on tho Lc
BlSlaLufe III issuing DOnuS IOf SUCH Iui
pose is, to levy special tax to meet Tx
interest while the bonds are under par.
In my opinion no new Railroad can b.
built with State aid, unless the subject i
submitted to vote of tho people, &c.
(Art. sec. s..
It was intended that the special taXc
mentioned in sections 4 and were to bc
restricted by the equation established il
section then we must believe that til,
Convention either greatly over estimated
the sources of taxation, or was not homes
in its solemn pledge, ITO maintain the
honor and good faith of the State unfair
nished," and was SO unwise as not tC
provide for emergencies which might arise
in the administration of the government
I am not disposed by O narrow construc
tion of article of the Constitution to caa
such imputations upon tho trainers of on
J government. I cannot believe that th'
Convention intended to make the very OK
istence of the government dependent npoi
q certain equation Of taxation.
The power of tho Commissioners q"
counties to levy taxes is limited and rcgl
lated 10y Art. 5, Sec. 7, and Art. z, Sec Z
as follows:
1st. County taxes shall be levied III tn
Same manner rs State taxes.