Fayette County herald. [volume] (Washington [Washington Court House], Fayette County, O. [Ohio]) 1860-1???, 1871-03-23

it Is clearly stated that a tax ma,
be levied and collected for con
y structing apublic road.
: Mr.. Mower-That was collected
a by an assessment, and not by
/. tax.
Mr.. WILLIAMSBURG, but the de
cision of the Court was that th,
! levy whether by assessment Of
tax) was constitutional, because
f the levy was not in aid Of private
j. corporation, but for the construc
ton of a public work. And this
bill simply proposes to apply ia
the construction of railroads the
same principal that has been Op.
piled in the construction of all
other public works ever since the
organization of the State, and
whose constitutionality has never
been doubted in any tribunal, from
the lowest TO the highest.
Mr.. Williams then proceeded to
discuss the public policy of the
bill. The gentleman MI, Mower)
says that the power of taxation
must be limited somewhere. True
enough; but there is no safer place
TO lodge the power than in the
hands of the people themselves.
The power of taxation we should
limit is that which is beyond the
reach of the people. The argument
Of the gentleman from Clarke
would go to the extent Of deny
ing the people the right of self
government, stand up here for
the rights Of the people to govern
themselves, and of those of the
different counties Of this State to
have such public improvements and
public works as they may deem
best We do not if we pass this
bill vote to saddle any tax upon
the people by our action, but sim
ply to enable them to tax them
selves to a limited extent for neces
sary public improvements if they
shall deem it best to do so. No
wiser or more prudent measure has
ever been presented for our approx.
al.
The Griffith r r. Bill was ta-
ken up in the House on the 10th
and disposed of:
The fate of the Griffith railroad
bill was decided to day. After a
contest more prolonged than any
that has yet taken place this win
ter, and after a debate in which the
opponents of the measure were
fairly grappled with and beaten
on every point, constitutional,
legal, politically and personal, the
House came to final vote this
afternoon, and the bill. although it
received so votes to AZ against,
failed for want of a constitutional
majority, 81 votes being necessary
to pass any bill
In the course Of the disc lssion
of the Bill;
Mr. Williams, Of Fayette, replied
to the argument Of Mr., Wilson, of
Warren, that the bilf before the
House enables counties, etc, to
lease their roads after they are
built, whereas the Ferguson bill
confers no such power to lease.
Now if this were true, it would be
a distinction without a difference,
for the right to own and operate
implies the right to lease, unless
hat right were expressly restricted
N the law. No principal Of law is
'learer than this, nor more uni.
lersdlly admitted and understood
But the difference between the lii
before the house and the Ferguson
,ill which the gentleman from
Warren says exists does not in re-
Ility exist at all. Tho ninth sec
ion of the Ferguson bill expressly
ives the Trustees of the Southern
Hallway power TO lease portions Of
aid line as fast as completed, and '
,oWer atterWard to lease the whole
Inc to such person or Company az s
will conform to the terms and con .
itions under which the road is au-
borized to he built Thus the gen.
Ieman is left without a peg to
tand upon, and is bound by his i
wn argument to vote for this bill
ecause he heartily indorses the de
ision Of the Superior Court Of Gin '
nnati npon the Ferguson bill, Ct
Mr. Wilson, OF Warren, said
Icre is a difference still between ii
10 bills. The bill before the House W
lows the railroads constructed :
lder it TO fe leased before any th
ortion is completed, which the D
erguson bill does not. m
MIR Williams, Of Fayette- Does ap
e gentleman assert that such al
ference as that would affect
e constitutionality of the bill 40
Mr.. Wilson-Well, there is tu
Ference between section 8 Of the nj
'rguson bill and section II of this be
i as to the terms under which the
ads constructed under them may X,
leased. A.
Mr. Williams, Of Fayette, show ~ ~
that under the Ferguson bill the ~
'ustees of the Southern Railway
" lease it on any terms they may
EN- best
Mr. Wilson, Of Warren, moved Of
amend BY putting in q section ~
effect forbldding counties, eto., an