, 1870-12-31


Article TO- Section l Of the old constitution |
provided that corporations not possessing |
banking powers o. privileges may ba formed |
nniier general lawa. but shall not DO created |
by special acts, except for municipal purposes.
and in cases where, in the judgment Of the !
General Assembly. tho object Of tho corpora
tion cannot be obtained under general laws"
Anyone on reading tine section would think
iLat it was q command to the General As.
st1ably to pass no law providing for the
lie attained by general law-and yet what ia
tho history OF our State upon this subject :
From the very FIRST session OF the General
Assembly which convened under thst cousti-
tuition down 10 tho last session Of the General
Assembly, that provision Of the constitution
has been openly and fagrsntly violatcd. and
it bad no more force or effect than il it had
Eever boen in existence.
In the case Of Johnston cs. Joliet i Chicago
Railroad Company, 3 H., 2o1, It WAS objected
that the charter Of that company was violation
orthe eection above quoted, ,bccause all railroad
companies could be formed under general
law but cur Supreme Court said that VT il
too late now to make this obi jeetion, since. by
the action Of the General Assembly under this
clause, special acts hare been 80 long the order
of the day, and tho ruling passion with evs1y
Legislature which has convened under the
c-rst1tution, until their acts Of this desc1ip-
tion fill huge and 1nisshspen roluue, and
| important ard valuable rights claimed nn-
| der them. This clause haa been wholly diste-
| sarded, and 1t would now produce far.srresd
ruin 10 declare such acts Unconstitutional and
! void. Il is nov safer. and moro Just to all
l 49, la1 t1xt f1H
that, In tho opinion Of tho General Assembly,
at the time Of passing tho special acts, its Oh
ieets could not be attained under the general
law, and this without any recital by WAY OF
preamble. rs in the act to incorporate tue
Central Railway Company"
This reasoning We regard as very unaound.
and no think that it the Supreme Court hAd
At that tune declared that it was the spirit and
intention Of the franera OF that instrument
to organize ali corporations uuder general
l4wr, and declszed ali special charters uncon-
e,itutional md void, rs they clearly had tha
power to do, it Hcnld have saved this State a
vast amount Of corruption and freed us from
the lasting disgrace of legislating foz tho lss'
twenty-five years for individual aggtanasze-
ment rather than the public good.
With this experience before us, the latt
J Constitutional Convention first provided to'
large clasa OF cAses where they sad cxpresal.
/ that no lcc.l or special las should ever b
9 rasted At Alt among which was granting Il
any corporation, association, or individual
, any special or exclusive privilege. immunity
or franchise whatever" and thcy then added
. "1n Ill other casea Ehero general Law ca
Be made applicable no SPECIAL law shall b
s enacted"
X Tho restraints thrown around the Gerera
3 Assembly ate very great, and they cut eli a
!, moet Ill the sources Of abuse which ha
= rhown themselves heretofore in our State
hut It il impossible to tell what now spring
:. may yet bs discovered by that 1nnumeEab
A. host Of Lobbyists which throngs tho halls {
u our Legislatures, and the members Of II
r General Assembly cannot be too clreful
d ec1utinIzing every bill which comes befo
le them, II they mHy, It the outeet. cot prec
dents which may prove very delete1ious
the npblie welfare. II it be The lAx iutende
in the czes Of Joanston ys.the Joliet / Chieal
:" Railroad Complny. that the me1e passage
o. 4 special act ia positive evidence that, in Il
he estimation Of the General Assembly.
~ general law cannot be made applicable. th
s- there il stll danger that, in such cases
m have not yet been enumerated and express
IN r1oyided for, stealing may yet be done, \
~ sys1v bill should be carefully considered, =
i;s seopo fulI5 asecrtained. But 1 do r
think that it is possible now
a. c,ye IN Interpretation to the coastitnti
sei ebich could be 80 fraught VI
s:s mischief. With al local And special lesasl
tioo cut of7--she members Of the Gene
10 Assembly will NOW be compelled to consi'
1t the lblic tute1cet instead OF private schen
ne .rd he must be q bold man who will contt