The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1871-06-02
THE RAILROAD BOND QUESTION DE
CInHn
The supreme Court Aiiir.ns the Validity
Of the I;0ndS.

prcme Court of the Stale of kanSas, isl
of such general interest that we hasten
to lay il before our readers. II will be
seen that the Court broadly interprets
the Constitution so as 10 make il give
thorizine counties or towns to issue
railroad bonds, and TO levy taxes to
provide for the payment of such bonds.
The decision settles question that has |
become very important one in many
counties:
The Board of County Commissioners of
the county of Leavenworth against |
Edward Miller.
Error from Leavenworih county.
AFFIRMED.
SYLLABUS BY THE CouRT: VALENTINE, j. |
1. The question whether the legisla- |
ture possess the power to authorize |
counties TO grant aid TO railroad COM |
panies by subscribing for stock therein, |
and issuing bonds in payment therefor,
when it comes TO the courts is purely a
| legal question, and the courts have moth
| ing to do with the wisdom or policy of
! such legislation.
2. The legislature have no Inherent
power, but al their power is derived
from the people through the constitu-
| ton of the State.
| pacity, possess all the political power
of the state, and may themselves au-
thoriZe counties TO grant aid to railroad
companies or they may, if they choose,
delegate this power to the legislature,
and allow the legislature TO grant such
authorities to counties.
4. The legislature cannot exercise
any power retained by the people, or
not delegated by the people to the leg
islatnre.
3. Where the provisions of an act are
designed for the whole state, and every
part thereof, such act has in contempla-
ton of section 1, article 2, of the consti-
tuition q uniform operation throughout
the State, Notwithstanding the condi-
ton or circumstances of the State, may
be such as not to give the act any ac-
tual or practical operation in every part
thereof.
J 6. Section 8, article IL, of the consti-
tuition, which prohibits the State from
ever being party in carrying on any
work of internal Improvement, applies
to the State in its sovereign corporate
= capacity, and not to the subordinate
political subdivisions thereof. 1t pro-
, hibits the State as a State, and not
counties, from being parties in carry
, Ing Oh any WOIhS VI lhICrhal hHPioHc-
ment.
: Z. There is no express provision of
the constitution which prohibits the
legislature from authorizing counties to
become stockholders in railroad COM
panies, and issuing their bonds in pay
I ment for such stock.
= 8. All presumptiOns are in favor OF
p the constitutional validity of a statute
that before the courts can declare 1t in
b IL. Il, 20 he
: constitutional.
= 8. The power of the legislature to
pass an act granting municipal aid tC
railroad companies must be found in
the general grant of legislative power
: under section l, article of the consti-
e tuition, which provides that the legisla.
= tive power of the State shall be vested
in the legislature or not ut all.
10. At the time the constitution wa.
framed, the term Legislative power,
. had n definite and precise Specification
Y with reference to this question, estab
n lished by legislative, executive, and jul
dicial construction, practice and usage
20 and the general understanding of thu
i people throughout the United States
N which general understanding and signi
Il fication was that the term Legislative
= power" included the power to gran
:, :, municipal aid to railroad companies
|
Is thing to the contrary, it must be pre-
l. sumed that the people of this State
If when they framed their constitution
\ used said term with the significatioI
:" generally given to it, and therefore, tina
g they intended to give to the legislator
lie the power to pass acts granting mum
n cipal aid to railroad companies.
IL. If such was the intention of tn
people, the constitution must be so con
| u A. fAa mt
l. have no power to amend it or chang
i of its provisions in it, through tn
"a means of judicial construction or inter
probation.
u. The aid given TO a railroad com
h pany is not strictly for private pur
III pose, nor wholly for public purpose
m though the object intended by the leg
islature is a public purpose.
13. The government may -accomplis
public purpose through the mean
of private agency, private indlvidu
al or individuals, or a private cOrpora
ton.
ID IA It is the ultimate object 10 be oil
tanned which must determine, whctf
A err thing is a public or private puI
pose.
10 10. The ultimate object of the gov
eminent in granting municipal aid
20 railroads is to increase the facilitie
=, LOT IruNel anu JTdilspOIIotiOH IEOiH Oh
n' part of the country to the other, whic
r. object IS in its nature a public pul
pose.
20 16. And if railroad is made absC
80 lntely free for every one who choose
ne to ride and transport goods upon it,
r. is n public purpose, Notwithstanding
in the government may allow lin othG
~ respects) private corporation to ow
:" and operate ii, and to receive a cOmpeI
D. sation therefor, provided it is road ft
I'D which the government exercises til
he right of eminent domain and retains th
In right to fix the compensation.
Is. The localities along the line of
railroad may be taxed to aid its col
VS. struction and operation, if they chOOs
r. to take stock therein and issue bond
=. thereto, and n fair rule of apportioI
~ ment of which the tax payers eannG
nd complain, is to allow the localities
be taxed, the privilege of saying ho'
n much the benefit of the improvements
" worth to them, and what amount the
u are willing to be taxed,
he KINGMAN, g. j., cOncurFing,
i BREWER, j :, not sitting in the case,