The Placer herald., 1870-04-09

STATE OF CALIFORNIA, ExECuTIvE DEPARTMENT
Sacramento, March 29th 1870. {
TO the Senate of the State of California:
herewith return 10 your honorable body
without my approval Senate Bill No. 243
An Act to empower the Counties Of Stan.
lslars. Mereed, Fresno, Tulare and Kern to
aid IN the construction Of railroad 10 said
counties.
Also, Senate Bill No. 244-An Act to
empower the City and County of San Fran
cisco and counties of Monterey and San
Luis Obispo to aid in the construction Of
purposes.
Both the general principle aud the de-
tails OF these measures deserve, by reason
OF the magnitude Of the interests involved
a more extended discussion than is possible
10 give them at present, owing 10 the pres
sure of urgent duties. The views and
opinions which impel the to withhold assent
to these bills, will therefore be briefly indi
Gated rather than discussed.
1t has been said by one Of the most emf
nent jurisls Of this couotry, that the sole
'NE'"ho'o ebu VI ia" (kuhI u, VI BON6IU-
meni) is security to men in the free enj "
ment and development of their capacities for
happiness, and that ITO compel men to u
tribute Of the accunuls,ons of industry to
objects not within the legitimate sphere of
legislation, is perverson and abuse of its
powers little, il anything, short OF legaIized
robbery. What is the true province Of leg
'slalion ought TO be better understood
1t is worth while to remark, that in every
new and amended State Constitution, the
bill OF rights spreads over a larger space;
placed upon legislation" lie says further
in the same connections: "lbe world is mo-
torlonsy too much governed Legislators
almost invariably aim at accomplishing too
much. Representative democracies, SO far
from being exempt from this vice, are, from
their nature, peculiarly liable to it,"
have made the quotation because it ex-
presses truths which, with slight modiica-
ton, are generally recognized and their
force acknowledged. The barpiest people
are the most free from governmental inter.
ference with their persons and their proper
'y. A certain amount Of power is conceded
when men enter the social compact and or
game pol:ticI communities. The night of
eminent domain is an essentia! attribute Of
political sovereignty. by virtue OF which prl-
vate property is taken for public use on
pa OF just compensation. The right
OF taxation to defray necessary governmen-
tai expenditures is a branch of the same
power. Every Government rightulIy ex-
acts a small annual percentage Of the earn
'ngs and property OF its citizens to provide
means for the exercise of its ordinary essen
tia; functions. When, however, it goes be
yond taxation for necessary Objects and
lakes the money of its citizens fJr other pur-
poses, It enters upon ground which is, to
gay the least, debatable, and ranscends
limits within which many OF the most en-.
lightened jurisis think its power ought to
be confined
Illustrations on this subject could be
multiplied, but it is needless, for the present
purpose, to insist upon rigid general rules
which 90 beyond the case in hard.
We live under a constitutional govern.
ment, and the main advantage Of the system
is that it places restraints and limitations
upon legislative power. It's merit is not
tina. the majority can always do exactly as
they will. This is far from being its title to
superiority. lis great value on the contrary
consists in a1ording to the minority a
shield Of defence a. ainst the arbitrary action
Of the majority. 1t is true that, if the pow
er of the majority is limited to the exercise
Of The ordinary functions for which GOV.
erument is needed, there is, Of course, no
danger Of oppression; but it. for 9th r. and
different purposes, it inyades the right of
property, breaks down all the barriers
sought TO be erected for defence to the
fruits of honest industry, and destroys all
The checks upon prohga.e expenditure.
burdensome debt and heavy taxation, for
what it chooses to call the development Of
The country, then constitutional limitation
fails to accomplish any beneficial purpose.
To leave general propositions and be more
explicit. II seems to be a though, BY some
that any measure to burden community
with taxation for the direct benefit Of rail
road corporation can be sanciifed, if it goes
through the process Of popular vote. Is
this so Have men any right TO incumber
their neigbbors' property for third or a
fourth of its value, in order to build a rail-
road lfone half of the community can,
in effect, mortgage the property OF the 9th
er half, for third or a fourth of it's value,
without The consent Of the owners. for some
purpose wholly foreign TO the ordinary
functions Of government, il is clear that
property is held by much more frail ten
ure than we bave been 10 the habit Of sup-
posing. o -s -. .. ......
The Constitution prohibits The contract.
ing Of any State debt except in a certain
way, by a law containing specified requisites.
submitted to vote of the people Of the
whole State. This might possibly be abused,
but is much less liable 10 abuse than 10 the
case Of counties. because the voters would
be more difficult to influence, and frauds
more difficult TO practice 10 the former case
than 10 the latter.
The people Of ibis State bsve declared