The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1871-01-28
COUNTY suusoRIPTIoNs TO RAIL-
ROADS.

A few days ago, attention was called to
this subject, aud some of the evils arising
therefrom pointed out. In this article it
is proposed to examine the question
whether the Legislature has the authority,
under The constitution, to confer this power
upon the counties and corporations of the
Commonwealth. Prior to the adoption of
the present constitution, there was no re-
striction upon the power of the Legisla-
ture>to appropriate money to these incor-
porations. With what discretion that
unlimited power was used and abused, is
seen in the financial embarrassment of the
State, and the imperfect and Incomplete
system of railroad which it inaugurated
and fostered.
This consideration, doubtless, induced
the convention, for the first time in tho
history of the State, to inhibit the Legisla-
ture from subscribing, or lending the credit
of the State, to any incorporation, and to
prohibit the IMPOSITION of any taxes, except
what may be necessary to meet the
expenses of the government, and to pay
the existing Indebtedness of the State.
rSee section 20, article 10, of the constitu-
tion.l
When the constitution was adopted, the
good people of the State, who voted for its
ratification with great unanimity, doubt
less believed that they were secure from
new debts, and had to meet only their ex-
listing obligations. In this they will be
sadly mistaken, if the system of county
subscription, already inaugurated, becomes
the settled policy of the State. The ave-
nue. to direct appropriations to these COM
panies out Of the public treasury being
closed by the constitution, they are now
hesieging the Legislature to confer up
on the counties power which it does not
possess itself, and thus to accomplish indi-
rectly what can not be done directly.
This purpose, its advocates seek to accom-
plish by a peculiar species of legislation
which, when il has passed through both
houses and been approved by the Cover
nor, has no vitality in it, but lies dormant
upon the statute book, until the people of
some county, by popular vote, shall, for
some specified purpose, breathe into it the
breath of life and give it the force of law
in that locality. When this object has
been accomplished it slumbers again, SUBJ
ject to he aroused at the will and pleasure
Of any county or corporation whose aid is
asked by these companies.
Article 9Th of the constitution declares.
"That the legislative power Of the State
shall vest 10 General Assembly, which
shall consist Of Senate and House of
Delegates" The people voluntarily d.
vested themselves of all Legislative poaoer,
and conferred it upon the General Assem-
bly,, composed of their immediate represen-
tatives, who alone are authorized to WELD
the supreme Qaw-making) power of the
State. The 9th and 10Th sections of the
Same article prescribe the manner in which
this power shall be exercised in the enact
ment of laws. When all of the former.
shall have been observed by the General
Assembly, the bill shall then be presented
to the Governor, and, if approved by him,
IL shat then become a lato.
The species of legislation under conside-
ration, assumes that bill, authorizing
these subscriptions, may have passed
through all the required forms Of enact
ment, yet that it cannot be enforced in
any portion of the State, unless, and until,
something further has been done to give it
validity. This finishing touch is the ap-
proval of the bill by the people of par
fcular locality, which, it is alleged, gives
1t the force of law only within the limits
of the county or corporation whose ap-
proval it has secured. If, as has been
shown. the people have parted with all
The law-making power they possessed, and
conferred it upon their representatives in
the General Assembly, how can their ap-
proval give force to an enactment which
would, otherwise, be imperative, or their
disapproval inyalidate an act having the
force of law? If true as to the people of
the whole State, a tortiori, would it be as
10 the people of particular county or
town.
When the tax bill now before the Legis-
lature, shall have been passed both Houses
ind been approved By the Governor, what
would be thought of our Legislature if the
bill contained proviso to The effect: That
it should not be enforced until it should be
submitted to vote OF the people at the
next election, and if approved by three
iifths of the votes cast at the election, that
then it should become the law of the State
H. is not believed that ihara 10 q r,o,s, 49,