Oregon Republican. [volume] (Dallas, Or.) 1870-1872, 1870-10-01
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An Important Decision.

We call the attention Of our readers,
and of the legal profession especially,
to the late decision of the Supreme
Court of Michigan onuthe taxing pow
er. 1t will be found on page 4S7 of
the LdW Register, in the August nuns
Der of the present year. s
The Legislature of the State Of
Michigan, in 1864, passed an act au.
thorizing certain townships to pledge
their credit to aid in the construction Of
certain railroads. The electors of the
townships were authorized to hold meet
iugs to determine what amount should
be raised for this purpose, aud the form,
mode of issuing, and other particulars
relating to the securities by which the
credit was to be given.
Under this act, the township Of Sa
lem voted aid to the Detroit and How
ell Railroad Company. to the extent of
FIVE per centum of its assessed valua
ton. But the Township Board refused
to issue the securities, claiming that
the act of 1864 was in excess of legis-
laiive authority, and therefore uncon
stitutional and void, and that the town,
ship vote was, in consequence, a nul-
lity, The cause fihally went into the
| Supreme Court, on motion for a writ
of mandamus, to compel the delivery
OF the securities.
The decision Of the Court was rem,
dered by Judge Body, in one of the
atlest opinions We have ever read on
that subject, sustaining the decision of
| the Township Board and denying the
writ This decision is particularly ain.
teresting to US at this time, on account
of the exertions that have been and
are being made by monopolisis to evade
the prohibitory clause in the Constitn-
ton Of Oregon. aud secure the passage
of similar act by our own Legisla>
ture.
On this subject the Ofegonian of
Sept. 26th, under the head of yves.
Side Railroad Again" says: "The
Constitution provides explicitly that no
aid shall be granted by any county or
municipality to any company or eorpor-
alton, for any purpose whatever. Now
il seems to US that the case might be
reached in this way: The Legislature
has power to authorize the city 10 in
crease its indebtedness. This being
done, measures may Je taken to obvi-
ate the constitutional impediment by
granting directly TO Mr.. Holladay the
aid afforded. on condition that he will
cause the road to be built wholly on
this side of the river, with its terminus
in Portland. In this way the objection
against The granting of aid to COM
pany or corporation might, we think,
be avoided"
That is, according to the Oregonian,
by cvading an explicit provision OF
the Constitution the tax payers of Port
land can be robbed out of few hun.
drcd thousand dollars for the bencfit OF
MIR. Holaday.
q Such an act, outside Of any prohibit
ory clause in the Constitutions, says the
Supreme Court of Michigan, els in cx-
cess of Legislative authority, and there
fore void" And we entertain no fears
but that, should case arise, the courts
of Oregon, like those of Michigan, will
have the courage to make correct de.
cision, though it be apparently unpop-
, ular.
If the people Of Portland desire Q
road, with the terminus there, let those
who are able and feel an interest in The
/, matter, subscribe liberally for the ben
! eft Of the road. We are as much ir
favor of West Side Sailroad as the
7 Oregonian, but we are not in favor O
levying a tax on the people, without
! authority of law, for the benefit OF I
, railroad monopolist.
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!. There ia a bird in fha leland af fht