White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1871-06-15
SYLLABUS.



x'nR the issue Of bonds to railroad con-
Psnies. is decided. There has been NJ
deoh, for soms time 90 to shat Ihs de-
cision wouIi be. II is following the dc.
cision 10 almost al Of the other States in
the Union. There are bat two or three
decisions that differ from this. and in
lows. where an adverse decision was once
had. the Supreme Court hiss reversed it,
This decision undoubtedly assures the
building Of . number Of railroads in Ken
sas. years before they would otberw ,se
have been.
The Board Of County Commissioner. Of
the County OF L.avenworth against
Edward Miller.
Error from Ls.vrnworth County.
AFFIRMED.
SYLLABUS By rae CouRr: VALENTINE ]
!, The question whether the legi>la.
'ure possesses the power to authorixs
COMMITTEES TO grant aid to railroad com
panies by subscribing for stock therein.
and issuing bonds in payment therefor.
when II comes to the courts. is purely .
legal question. and the courts have nnth.
ing to do with the wisdom or policy OF
~nrh legislation.
2 The Legislature hsvs no inbsren'
power. but al their power ia derived
from the people through the constitution
nf the State.
8. The people. in their primary ca
paci,v. possess al the poIitic.l power Of
the State. anh may Themselves anthcr'z.
counties to grant aid to railroad CON
psnie-: or they NAV. IL they choose
delegate this power to the Legislature. AMI
allow the legisls'ure to grsut such an
,h"riiy to coun,iss
4 The Legislature cannot exercise any
power retained by the people. or no. del
eEsred bv the people :" n. Legislature
5 Where the provisions OF an act are
designed for the whole State. and every
tart thareot, snch act bas. IN con'emp's-
tion OF section l. article g. Of the consri
tn,rinn. q uniform operation throughou'
the State. notwithstanding the condition
or circumstances Of ths State. may be
such as not to give the oct any actual or
practical operation in every part thereof.
6 Section 8. article IL. of the con-'i.
'nt'on. which prohibits the State from
being q patty in carrying on any work
nf Internal improvement. applies to th.
State in it's sovereign corporate cap ,city
and not to The subordinate polit,csl aub
divisions thereof. /, prohibits the State
as State. and not counties. from being
parties in carrying on any works Of in
ternal improvement.
7. There is no express provision ol
the constitution which prohibits the legis
'sture from sn,horziug COMMITTEES to be-
come stock holder in rsiIro,d comp anie-
and issuing their bonds in pay nent fo'
such stock.
8 All presump,ions. are 10 favor Of the
constitutional validity OF statute. and
before the conrts can declare it invalid
it mnst clearly appear to be unconsti,u-
tional.
o The power Of the Legislature to pass
an oct granting municipal aid to railroad
companies mus. he ionnd in the general
grant of legislative power under section
l. article 9. Of the constitution. which
provides that the legislative po yer of the
State shall be vested in the legislature. or
not at oil.
-. At tho time the constitution was
framed. the term '.lsgi,lstivs power. +"
had q definite and precise sisnifc.rion
with reference to this question. estsblis he'd
by legislative. executive. and judicial
construction. practice and usage. anil the
general understanding Of the people
throughout the United States; which
general understanding and signifcation
was that the tenn Legislative power"
included the power to grant munrcipal
aid to railroad companies. and therefore
in the absence If anything to the con-
'rsry. il mnst be presumed that the peo-
pie Of this State. when they frsmeI their
constitution. us"d said term with the
sieni6cation generally given to it. and
therefore. that they intended to give to
the Legislature the power to psss act.
granting municipal aid to railloai COM
panies
IL II such xss the intention Of the
people. the constitution mns' he 50 con
strnei hv the con't-, and the cnnr.s have
no power to amend il or change any oi
ifs provi.inns. or insert sny new provi-
-ion~ in IL. t',rongh the means Of juiicial
construction or Interpretation.
IL The aid given to a railrosl com.
psnv :. nnt strictly FIR 8 private pnrpns.
nor wholly fnr public purpose. 'honsh
the oiiec, intended BY the Legislature is
pnb!'c purpose.
13. TIE government may accomplish
puhlic purpose through the means ~ =
p'ivNe agency. aPrivsie individual or
indiri!"sss, or q private cnpnrs:ion.
II. j. is the nliim.'e otisct tn he OBJ
tanned whic hmnst determine whether .
thing Is pnblic or private pnrrose.
IS The ultimate object of IN. gov
ernmeBt in granting municipal aid to
railroads. is 10 increase the facilities for
travel and transportation from me part
of the conn'rv tn the Other. which Oh
jsr' !. in it. nature pnhlic pnrpnse
16 And IL . railroad il made ahso
luiely free for every one who chooses io
ride sud transport Roods npnn II. il is
still pnh'ic purpose. nnshwiih.'a andin9
the government nav s!low I'm other
respect. private corporation to own an'
operate il. and to receive . compensation
therefor. provided it il . road for which
the government erercises the hight nf
eminent. dnmsin and retains The right to
6x he compensation.
IL. T.xsfion ia the mnss universal
power possessed by governments. bsine
an incident .nl anxilissy rf every other
power. and may be resorted 30 whenever