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

L to be leased before completion
c which the Ferguson bill does moi
/. Authorize.
=. Mr. Williams; The gentleman
is mistaken. But ] ask, does the
gentleman assert that such differ.
; ence as that would affect the con.
, stitutionality Of the bill
I There can be no doubt that
the power of lcase or other dispo
sition is as fully conferred by the
Ferguson act as by the Griffith bill,
and ! think more so. Mark the Ian
guage of section 9.
"Sec. o. The said trustees shall
have power as fast as portions Of
, the line for which they are trus-
tees are completed. to rent or lease
the right to use and operate such
portions, upon such terms as they
may deem best, but such rights
shall cease and determine on the
. final completion Of the whole line,
when the RIGHT to use and operate
the same shall be leased by them
to sncll person, "0r compdnY," as
will conform to the terms and con
ditions which shall. be fixed and
provided by the Council ofthe city
by which the line of railway is
owned"
Now, the gentleman from War
rem has expressed his confidence in
the decisions of the Superior Court.
and the distinction upon ich he
relied having so utterly fail |
ed, in candor and fairness, be isl
bound by his own argument to
abandon his opposition to this bill
on constitutional grounds.
There is a difference between this
bill and the Ferguson act, which |
the gentleman has not referred to,
because notire oft wouId be favor
able to this hill / refer to that
feature of the Ferguson act which
authorizes the expenditure of the
money raised under it to he made
outside of the State. For it is we'll
known that the money so raised is
to he expended in the construction
Of line of railroad from Cincin-
natl to Chattanooga, in the State of
| Tennessee; while the provisions of
the bill now under consideration
requires the money raised thereun-
der to be expended in the city, !
township or county where raised.
If the Ferguson act is not in vio-
lation of our constitution, then
clearly this bill is not
Now, Mr.. Speaker. in conclusion
upon this branch of the argument. |
7 submit to the members Of this
House, Can there be even a cap
tious doubt lingering in the mind
in regard to the constitutionality of |
the bill.
I shall not occupy much time in |
saying what desire upon
THE POLICY OF THE BILL.
tits urged by the gentleman from
Clarke that this is a dangerous bill
that if it should become a law the
people would unwiselY use it, and
impose upon themselves enormous
burdens of taxation; and for these
reasons they ought not to be en-
trusted with such power.
The argument carried to its le-
gitimate conclusion goes much
further than the opposers of this
bill probably at first supposed. 1t
assumes that the people are inca
pable of properly exercising tie
power that would be conferred, and
therefore it should be withheld from
them. 1t further assumes that We
the members of this General AS
sembly-are better able to govern
the people and manage their affairs
than they are themselves; that we
know better what the people want
and what they ought to have than
they do. 1t goes even further still,
and denies the right and capability
of the people OF self-government,
and would, if carried into practice,
subvert our republican institutions
and form of government.
For if the people are incapable of
determining prudently and safely
the questions submitted to them
under the provisions of this bill,
and are unworthy to be entrusted
with the power sought to be con
ferred upon them, it naturally fol
lows that they are incapable Of de
termining any other important
question presented to them and un
worthy to be entrusted with any
other substantial power.
To make the proposition more
obvious to tie gentleman from
Clarke, let me say that if the people
of Clarke county cannot with safe
ty he entrusted with this authority
to- manage their own, affairs, it {
would be unsafe to permit the
people of that county to choose a |
Representative to this body, or to
elect any other officer, or construct q
any improvement, or take charge S
of any public enterprise whatever T
Mr.. Speaker: l am glad have no a
such mean estimate of the capacity q
and prudence of the people. ! am q
one ofthose who think that all pow i
ar properly belongs to the people, n
and that it is never dangerous to {
confide it to them. l deny that
this bill grants to the people any $
new power; it is only to regulate a
md prescribe a mode of using and f
exercising power already belong v
nor 70 ond ,,oeeassad bv thpp f.