, 1870-08-05
INDIANA.
Ttae Aid to Railroad QueStton-tsea.
ter ~. The Lafayette, Nuucio q
filoomsnE1ou 1kalrond-UeeisA"n
OF Judge E-Afpcs

OF Judge l-nrpc.
Correspondence of TAe chLrd9o 5T71nae-
11ravErrE, Ind Aug. :
The people Of Indiana, ~ we'll ss be: ad>oin-
10. ei.ter States, have been afflicted Wild Ae
naniA for voting appropriations to 1autosa
.ompauies Tippecanoe County, on tno @oso
Il August, 1869, voted, by email majority An
nm, opriasiou Of as73,ooo to aid in the coz
Il traction OF the lafayette, Muncie 4 Bloom
ueton Railroad. i very strong and bitter OPP
psition demonstrated itself frum the begin
ming Of the sgitatiop, hut the railroad com
Lady. by the undue Influence, as is alleged, OF
,s monetary power, carried the election, and
The County Commissioners, on the Sth day Of
June last, made IN order, levying special tax
VI oue-half the above amount, or e1s6, 500,
upon the real and personal property OF satd
county, and directed the Auditor to assess the \
same upon the tA1 duplicates, and the Com
mistioneys afterEard made m order on the !
18th Of June, levying special tax Of ninety |
cents on each one hundred dollars for the |
ssme pnrpoae, from which decision OF order of |
the Commissioners those i'll opposition to the
ta1 appealed 10 the Common Pleas Court.
The case cane up fos TRIAL On the 27th OF |
June, before Jadge Lame, and an able and
exhaustive argument was made by tha coun-
tel On either side. Tla is8ue was, OF course,
to test the consttutionality Of the Railroad
act granting counties the power to vote Appso-
prsations to railroad companies.
Judge Lame gave on last Monday (the 1s),
"The question presented In this case Is OF grave
importance, 1otn ~ Question OF law and Ut pub
',e policy WIN III sfss have aotaug % a.
With ability, and, although my decision may not at
ali aleet the na1 result Of the CASE, this court
presented to the Supreme coult, YET deem 1t
prercr that should present III urief, sonle, at
least Of The reasons which have 1ed me- to the Goa
eiutibhs at which have arrived
''The question IS: Is the act entitled an act to
authorize aid 10 the construction Of railroads By
counties aud townships laIuR ssock In and max
lug donations 10 Tsllfuat conpantc 'approved May
II, 1865, in conflict with the constitution Of the
AThe act Itself eonsemplates two features, OF
two nudes IN xhlch the ND may be extended one
Is subscription AMI the other hy donation. Laws
Identical IN PRINCIPLE with thar part vi the act
y hicn attempts u Autho1ze county boRrda 70 raise
nntous to railroad companies hare been reviewed
by The supreme cUnrts Of New York, Michigan,
Iowa, and Wisconsin. aud these courts have helt
that lnasUluch a. failroaIl companies are private
cCspOr4ttJns, such laws Contemplate the taking OF
III ;t.ty ffum one pYtFaie peisoA and giving It to
atosh.r, ard s1e oe5ond ne power Of tae Le9.sla-
nIehtxI principles which lie at the foundation Of
suclal Euyest 1neHi in short. IN conflict wiki rghs
never surrentesed py the peopie nhep govern
Uents were formed
"RAroads arc sa1i to he public hiehwaya They
are such III tile hense that tney accommodate pub
q view to prevent impsf1i4lity in their aecnmmo-
datiou- From aeceeelty they are regarded as
public objects In another view. v :cn they were
night to take private properly. by tue exercise of
the right Of eminent slornsin. lnr tfcr road bed,
Nas not questioned; they wesr then also Dali! bT
50 1ftH ~ n L.$th thEkE Pa
EaS changed art such enterprises turned orct to
| private CORPORATIONS. although the rt2ht Ut emi-
nrlr tnaln waA OF necessity given to such coFpo-
| rsls0us, tl,e taxing power Was not necessity.
III any c:nzru could si1p r1tro1u by Ca
ps!c,UlslY refusing to allow II IL cross hts farm,
70 such Ioa.lA could be built, The yer1 object Of
! the legislature In passing General Railroad net
| Ill this Stale was II empower Corporations to COLI
ktrnct antl oHn their ONn roads, aud thereby pre-
vent the necessity Of the Slate embaEklns in such
| enterprises.
'.On The other hand, the right of the several
counties ~ ffis Stat: TO subscribe s'ock in lacor
ror,ted companies Is 1ecogn,ze,l BY Section 6 OF
Article ~ u1 thc State Constitution, Whether
this rt1r1sun 1tqulrrs an enabling art TO render
ienectsyt, it ls noE Necessary now 10 decide.
| The 1aAa:!us4 Ia this case Is pseacaie*1 upon
the act ALREADY cited. lis objects and conditions
are s1 interviewer With the act that 1t must stand
or fsll lF 1t
ali the act, when shorn Of its provisions reIa.
I'VE 10 the power 70 donate, can stand a. an ex
press,ou ot the legislative will, an IS not then Il
ep,uIc. with any p1osisiun Of the constitution, Il
|
The provisions OF the a't, go far as 1t Is !leccs
sa'5 ior ;lt purposes Of this case. when 40 shorn
"1hv nsst section provides Tor a ptll.loa to tn,
equity Fazl by one hundred fertholtlcrs Of IN,
c~sntS, asking aa'1 10 so1ne designated raiiroas
tim q its n'a,l ii or through The county. tn
tti,ttn Is to specify the amount, not exrettin,
Two per cent ef the taxable properly Of tas co@a
tx ard trt viles that the bUalu shall enter the pc
t..!nl. al full Iencth up0u tht!r records
I'll. tie lGcunt section the l,oars arc require,
10 take the lxt!tlon uu1tr attsiseMenf, and nr1cr
vv!c TO 'e taker, aud provides Tor tue election
"Thr twelfth section euac,s that, If the Tn.e
10 favor ot The appropriation, the boar.i OF Con
giant ne PRAYER IT the petitioners aud levy spt
"The fourteenth sec,ton p.oyides for the sasin
Of stock and rstmcnt fer the same, when tt
luUnry Is collected
"It appea1H to me that tho act, after the &c,
lions and la.ts u scrs:ons prusi.llng for dun:
!. llons arc rlMh a:cd, expresses Lie Will Of tt
, Legislature with regard to cases VI subscription
stock, and that therefore. tht law h not zendefs
thvalsd on account Of the attempt IL authorize d
5 | natin1E-
4.Does this Law, then, riewetl In this light, col
: dict Will auy plDyls.rn OF tae constitution:
, "ThIs will ltud 10 a further fEqulr5:
, "When DIES Tue iailroaA company acquire
> right TO the tul.d 10 bc ra!st u hr taxation?
: The Itoatl Of Commissioners have no cautr
sys The matte1. II tue proper number Of frrEhol
els sign tic teilt:on, they must take the vote.
: the vote is III tavor Of the appropriation. tn,
must levy the tax: aud, whtn tile tax Is Ieri,
aid collected. they III dunatlon rroysi rs bell
stricken out, mast subscribe stock and pay for
!; "Enitr this statement Of The cas+ II cannoi
eail that thr right Of the railroad company to Il
i ! money only ncerues whtn It Is paid. They ha'
s INT right ttfare- They can cou1itI the Board
+ tiacr the vlie By Fes"r. TO the courts They ca
II the votr Is tn fatuf OF the rtatl, compel Il
/ l., n1,i to !tyr the tax and compel thA Officers
- collect IT, There Is liability uu the county i
the cultet table alnaInt OF the lax hefGre II Is
1rcstd. After 1t - collected thr board cannot i
e y IT the III ,ney 10 auy other purpose. TheI ca
= uet USE discretion as tu the subscription A co
|. tutOnal ccNtIuct Eas already been made, by Viii
thr county has axIect, tn take the stock a. suun
q | ty siur process VI law she c1n collect the lex.
t'Tlc %tAth section Of The tenth article Of 4
y roDsti1uttnn Is AS follows: No couaty shall 81
e scribe for ttUCk Ia any Incorporated company, u
If subscription; nor shnl any county .oan It's rrct
y any incorporated cusnpany, nor bnrToH mOu
:, fot the purpose OF taking STUCK III any such cnl
pany: nur shall IL. General Assembly eve.
ithalf Of the State, ASSUME the debts OF any cou
y II. city, twn, OF township. nor OF any corposatl
q 'An agreement TO subscribe ut future ii
d maize binding upon the couEtyt anu capable
q enforcement, IT, to al tnteuts aAt pIrposes ~
- trnptott nf stock. hts The law under consider
= non Ht,esurrs to aatuw. 1t II, therefore, In
y Judgment, III cnLnict With the Consultation Of t
s Sta,e.
: "Therc are other objections urged to the &C
l. >titnilonalty u the net, but. as 1t Is impoHa
that :hc la~ shall be tested at the earliest pSssi
l. 1numcnt, shall not take the time necessary
their care1nl consideration
II An appeal will be taken to the Supre,
10 Court, but the people sro much elatcd, \
i. feel that this il the commencement Of gre
j. victory which will terminate the power OF t
IA ''ra1lroal ring in this Stats. W. s. v
!;