, 1870-02-01

other than strictly corporate purpose 2 ]
We oonoeds thst private property is |
held subordinate to public right, and
that the public haYo right
to tako mans lsnd from him, against his
canseut, for public uscs but eveu this right |
is subject to the condition that he be paid
for it. town mny create debt for i
school house, or court honse, or for bnfla- !
ing bridge, or for making roada, OF Tor
any other purpose Of corpo1ate nature,
snd uay lawfully tx the propcrty OF Cit !
xers therefor. In all such cases the work
70, which the debt is created belongs to the
public Bat such debts arc very different
from that ether clssa, where county, city,
town, or village bonds are voted to private
corporations 10 aid the latter to build rail-
roads, to be used for the private gain Of pr
yata corporations. Where does the LegiF
1a.urp get the po ser TO authorize $50 votera
in village to create debt Of $a5o,ooo to
be given to railroad company. and to e.
cu.e that debt By mortgage on the property
of the 243 opposing voters Of that vlllage7
Any citizen may mortgage hia OWL property;
but where does the Legislature get the
power to tutho1ize A and B to mortgage
the properly Of G in order 70 make The
Latter stockholder in private corpora
tiou egainss his wiahea2
The extremest power which even daspot-
ism can exercise is that Of taxation, and
ttero is no civilized government In which
that power e11sts without restraint The
right Of property is as kacred Is the night
10 life and liberty, and govern1nants tnsy
not invade the one more than the othet-
The State may take mans life or deprive
him of his liberty Tor the safety Of the pub
Lie but il dase not do either for the profit
Of another person or corporation. The
State u,ay cteate debta, aud mortgage pri-
vnte property to pay the same, but it must
be for public uses, and not to endow OF sub
sidize private company or inalviduA, snd
for pxisata profit. It ia no answer to say
that building railroad through a 1liage
will enhance the value Of tho prope1ty
tbe1eip. People may 60 INTO zeM estate
speculatieos on their o~n account; bat they
hive no right to drag others in, who may be
,noosed to specnlAtions generally and to
this speculation in particular Private prop
eSty cannot ba tighifully taken or mortgaged
for any but public use. Fifty years ago I
learned Judge Of the Supreme Court Of h,
United States, discussing this question 0
the absolute powers Of Legislatures in th
absence Of specific constitutional restrainta
said; "Te know Of no case in whioh
Legislative sct to tznnsfer the property OF
to D, without his consent, has ever bee
held constitutional exercise Of lagislativ
power in any State in the Union. On Ii
contrary, it has been constantly resisted. I
sneosss.sent wath iust principles, By eTel
judicMl tribunal IN which 1t has bee
attempted to bo enforced Wilkinson
Leland. . Peters, C57. This whole doct11r
has been Of 1te years reviewed in Il
State CT Iowa, and some Of the opinions
the Supreme Court Of that State are mon
nenta OF the legal wisdom and profour
learning ot the Judges It Is tzue that th
result was found only after the Court hi
decided differently, and after the people
many cities and counties Of that state b
been seduced into bankruptcy and rui.
but the great truth is not the less war
irg and g1ide to Others
The convention now in session at sprin
field should not overlook the Importance
this question. Apart from the value OF
fundamental restraint upon the power
t11Aion, they know IS well
do the people OF the wh
State the small protection u
is to be found in Legislative discreh'
That discretion was never yet successful
invoked for the protection OF tho put
again.t monopoly, or from any other ext
tiou. Tbs only way to meet this quest
is to plsco in the contribution a prohibit
upon both Legialatura and mnnicipali
against the creation OF any corporate de
for ang purpose but corporate; and Il
only to fixed percentage Of the aases
yalue Of the taxable property. The c
vention needs no instruction rs to the
cesity for such rule. hfr- Turner,
days ago, truthful}y, bat mildly, pictu
the consequences Of having had no 81
restraint in the past 4 city, ones
leading city IN the St&ts, il now rutu
in Jail for debts 1eekaessl7 contracted.
men who voted the debt had NO propert
be taxed when the ta1-gathare1s G
those who had capital moved 1t ava
syoid him, and the city uow cannot
and its fuapcial dixtrrss u repel!ing
bn,iness which might 10 the.u. and
et,oylup what little il left. People in Q
rre
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