Fayette County herald. [volume] (Washington [Washington Court House], Fayette County, O. [Ohio]) 1860-1???, 1871-04-06

y
credit to such company, corpora
+, ton or association.
The reason of the decisions, and
the very foundation upon which
they rest, is, that the money Of the
people cannot be taken and given
to a private corporation, or for a
private purpose.
/ Now, it is perfectly manifest to
, any one, who will examine the pro.
visions of this bill, that it steers
entirely clear of all such objections
Nowhere in this bill is itpropos-
ed to empower any county, town
ship or city to become a stockhold-
er in any Joint stock company, &c /,
or to raise money or lend its cred
it thereto, or in aid thereof; and no
construction, not even the most
strained and unnatural, can distort
its features into such an appearance.
What are the provisions of this
! bill? The first section provides
that it shall be lawful for any coun.
ty to construct a railroad within
its limits, and it may levy tax for
such purpose not exceeding five
per cent. in all, nor exceeding one
per cent. in any one year, provided
that two. thirds of the electors of
such county shall vote in favor of il.
The second section provides how
the question shall he submitted to
the people to be voted on.
Without OBTAINING the House to
go further in detail into the pro-
visions of the bill, suffice it to say
that the whole object and scope of
the bill is TO make, practical and
carry into effect the purpose de-
clared in the first section. The
thirteenth section extends the pro
visions of the bill to cities and
townships,
Now, if the gentlemen cannot,
upon statement Of the question
see the plain difference between a
county constructing and owning a
public Improvement, and becoming
ssockhOlder in private corpora
ton, company or association, for
the construction of any work, it is
scarcely worth while to argue the
difference of them.
The same principle embodied in
this bill has always been applied in
the legislation of this State. 1t
no doubt would be competent for a
private corporation to organize to
build benevolent institution, of
any kind, for the support of the
poor for instance; and yet, could |
it be claimed, because the county
should buy farm and build poor
house on it, that it would be a
stockholder in a corporation, or be |
lending its credit, &c, to such a
corporation, and therefore violate
the 9th section of article s, of the
Constitution Such a position
could hardly be maintained.
So, recently such legislation has
been had as has established sys
TEN of road improvement laws,
under which it is competent for the
landholders along the line of the
contemplated improvement, to pc
tition for the same, and if, when
the votes come to be counted,
those on the petition and those not
on, it is found a majority vote in
favor of the road improvement, it
is ordered to be made by grading,
graveling, planking, macadamizing,
&c., and the expenses are paid by !,
certain taxes called assessments,
collected from all the landholders
benftted, whether voting for such
improvement or not
Can it for mon ent be claimed !
that the counties or the people con
structing such Improvements, are
stockholders in private corpora
tions or lending thier money, &c,
to such corporation? No one
has vet claimed such an absurdity.
Mr.. Mower-A distinction has
been made between a tax and an
Mr. Williams-That is true; but
no such distinction has ever been
made under the 9th Section of Art
icle 9Th of the Constitution. The
distinction was made under Sec
ton 9th, Article 9th, providing for
restricting the power Of taxation,
assessments, &c, of incorporated
villages and cities, &c.
It IS because the words taxationI
and assessment are both used in
this section, showing thereby that
the same meaning WAS not intend
ed to be given to both words, that
the distinction has been drawn
and by virtue of the power of as
sessment thus given, many public
improvements has been n a le, the
expense of which has been impos :
ed upon a part only Of the proper
sy in town, city, etc, because such
/ part is alledged to be benefited 9
while the balance of the
is exempted from such Y
burden, But for such power Of as E
and such distinction, i'm '
of that character could a
lot be SO made, nor the expenses z
hereof be so met; for, by another U
,rovision of the Constitution, Sec. 2 y
Art. u, oil property, real and per- n
onal, must be taxed by a uniform !!
ule, and according to its true val u
e in moneys and il no distinction u
ould be made between a tax and
., oeeossp,ont for loool iunroya ~