The St. Cloud journal. [volume] (St. Cloud, Minn.) 1866-1876, 1870-07-14

ia. ~ - !. -. 4. 60. -. q
$12,6M of the bonds shall become due
payable in the same year and in ten
yeurs from date. These conditions
contained in the resolution Of March
3lst, 1869 whether binding upon the
council as absolute law arc at least the
expressed will of the voters and tax
payers and as such should govern the
Council IN their action in this matter.
(signed) alE2 W. S., MOORE.
In this connection and in addition to
tho above, we desire to make one sin
gle extract from the decision: of the
court in the case 81 Sweet %. Hurlburt,
decided iu'ths Supreme Court Of the
State Of New York, in Oct. 1868.
Tho question in tho case is thus stated
bytbe court: !" Bias the Legislature of
the State power to confer upon the
towns authority absolute or conditional,
to issue bonds and donate the proceeds
to a private corporation, ?" And the
court begins BY stating that the Act
differs in providing for a donation
"from that numerous brood of statutes
that preceded it authorizing towns to
bond themselves in aid Of real or mag
mary public improvements. In all
other Acts stock or some pretended
equivalent is contemplated as consid-
Grafton for the bonds to be issued. But
tbY fAet authorizes a, donation pure
and simple-in other words the Lesis-
lature has assumed to authorize through
the fundamentally Of commissioners
and the taxing power the taking of a
certain amount Of the property Of one
corporation and donating it to another.
VMl can be done 1t is legal robbery ;
less respectable than highway robbery,
in this: that the perpetrator Of tho
latter assumes tho danger and the in
fanny Of the act, while this act has the
shield Of the legislative Irresponsible
ty." Again in tho case Of Whiting
-. the Shcboygan Railroad Company
decided by the Supreme Court eff the
State of Wisconsin Chief Justice Dix
on says, "That a. t.n for private
purpose is unconstitutional and stat
ute imposing it is uoia; a public use
or purpose IS essential to the idea of a
tx. :ss~:<*: = Therefore a stat
ute levying tax for the sole purpose
Of making direct gift Of the money
raised to a mere priuase rail,oay iu
which the State or tao. paye' haze no
ownership is unconstitutional" We
do not cite these authorities with any
hope that they will meet with even re-
spectful consideration from that all
sufficient, self.suf6olent, insufficient set
Of bloek-heads that happen, through
the accidents Of frontier politics, to
constitute eight out of the toelve of
our Councilmep, but that those who
know and are willing to do what IS
right, may have the advantage Of them.
1t appears that the Mayor vetoed this
resolution Of the 10th of June A. D.
1870, and with his veto, and his rea-
sons for it, either properly or improper
ly, sent our letter to him, to the Town
Council. We confess that We did not
see, and do not yet see, how the send
ing Of this opinion to the Council
ooald by any possibility be construed
Of considered ss an inault to the Town
Cepasil We had gwen tho matter
some consideration, and telt very con-
6dent Of the correctness of our con-
illusions, and did not think that We
had expressed them in a manner to
give offence to body of men charged
with q public trust and sitting in the
capacity of the Common Council OF
our City. And we now submit it to
tho public'to say whether there was
anything in the matter or the manner
of that opinion that could be offensive.
l was retained by citizens to present
the imposition of this new and as they
Believe illegal and unjustifable burden
Of taxation upon their property aud
Was careful so to state in my letter. It
occurred to me that both the Mayor
and Common Council might aud
would regard my communication as the
respectful and deliberately expressed
opinion IF tho attorney Of a part of
their constituents, and as such would
receive it aud give it such weight and
consideration as its merits might cnti-
Tic IL ID.
We believed then, and believe now,
aud not only believe but knew that the
citizens and tax payers Of this city
ha1s o. right to be heard by remon-
STRANGE, petition or "op,nion" before
that Common Council in person or by
attorney. 10 a matter where it is pro-
posed BY force of mere resolution of
that Council to take out Of the taxa
bic property OF the citizens and of the
city and donate to private corporation
So 90 considerable % sid sum as $4,000
(prinoipal and interest). Our opinion
with il If !, distinct avowal that it was in
tina intaYesk If tho fav nnvo,. .o.1l