The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1872-12-30

the assessment and collection Of the take,
which the preservation OF good faith re,
qulred, had repeatedly to be enforced b,
inAndamus. In many, II not In ali thea
cases, 1t was alleged that the stock cub.
scfiptionS sought TO DO enforced, hal
been voted Tor aud made under the influ
ence Of false and fraudulent representa-
lions, made by interested officers am
agents OF tho corporation 10 be aided b,
the subscription. At tho time OF thI
formation and adoption OF tho prcSen
constitution, these evils had begun to b
seriously felt, and excited the grayest an.
prehensiOns OF calamltous results"
Tito these reasons, thus iorcIbly stated
y added the fact that argument and rehec
ton had convinced most men, that thI
whole business was beyond the propel
scope OF government, and that private
property could never DO secure, wher
even q majority were empowered 10 volt
away that Of the majority, by embarkinr
tho counties, cities and towns in oil The
schemes and hazards OF trading corpora
lions; and that any such minglIng oil pub
lie and corporate interests, was q certain
and never falling source Of corruption o.
public ofiCers-the whole Of the cogenI
reasons for ordHinlng this constitutional
provision are made manifest. Indeed, 80
convincing were those considerations thai
the Supreme Court in reference 10 such
onactments passed before this provision
was adopted, did not hesitate TO say tina,
they were "all Of opinion that laws Of this
character involve gross abuse OF right"
and that they haye lost nothing Of thelr
force by the experience Of the past twenty
years, Is evident from the further tact
that such legislation has been absolutely
prohibited In all the State constitutions
recently adopted; and In reference To this
Cincinnati act, the Supreme Court has
declared, that II they felt empowered 10
pass upon Its wisdom and Justice, they
should probably have no hesitation 10
declaring the oct under review an abuse
Of the taxing power" We refer to this
history Of the subject for the purpose Of
saving, that the Constitutional Conyen-
ton have undertaken to correct and
repress great evil and abuse, and
that the clause they have inserted in the
constitution for that purpose, should
-
The paper from which we copy is torn
here, and we lose dozen lines Of the
argumeDt-ED. INT
The same section (oi the constitution
in very plain and explicit terms, forbids
all subscriptions by these municipal
bodies, to the stock Of any joint stock
company, corporation or association, the
article, In words as broad, comprehensive
and clear, as the English language affords,
alike positively forbids them to raise
money for or loan their credit to, or In
aid of any such company, corporation or
association. This last part OF the section
has no relation whatever to any subscrip-
ton Of stock in these institutions, or 10
any joint ownership Of property with
them, or to the Joint prosecution Of any
business with them. You shall not rdiSe
money for them, or oam them your credit, or
aid them Ioih either money or credit, Is the
imperative mandate Of the constitution.
Whether either is done for consideration
or without; whether the money Is donated
or agreed to DO repaid; whether the in
strumCat Of credit is given to them, or TO
some one TOR their benefit; whether
either Is used directly, or to produce
sO=.> hing in aid of their undertakings;
an, finally, whether tho interdicted
result Is attained in one step or ten, the
constitution Is equally violated, and the
attempt equally void. To talk about
Grading constitutional principle, II tho
courts did their duty, Is to talk nonsense.
In constitutions, great principles are,
and must be, expressed with senten-
tious brevity. As said by one Of the best
American legal writers, at is impossible,
and would lead to endless absurdity, to
endeavor to apply to q declaration Of
principles the same rules that are proper
in regsrd to an enactment Of details. In
regard to o statute the general duty of a
Judge Ia that Of subordinate power, to
ascertain and obey the will Of superior;
in regard to constitution, his functions
are those OF o CO ordinate authority, to
ascertain the spirit Of the fundamental
law. and 80 to carry 1t out as TO avoid a
sacrifice Of those interests which 1t Is de.
signed to protect" Or, as equally we'll
expressed by the Supreme Court In the
Cincinnati case. ut is to be construed
according to its intention where that Is
clear; and that which clearly falls within
the reason OF the prohibition may DO re-
garded as embodied in it" II to this Is
added other decisions OF this court, Ia
which it has been emphatically declared,
that what cannot be done directly cannot
be done indirectly: and that constitution.
al provisions would be of little value If
they could be GRADED by mere change oil
FORMS" we shall have what constitutes
the true legal test for determining wheth.
er the scheme sought to be carried into effect
under the prortsi0nS of the act Of 1879 is
substantially iuterdlcted by this section
Of the eighth article Of tho constitution
We do not propose to examine this
act In detail; much less, to resolve the
many difficulties that must arise upon It's
provisions. It is In many respects both q
literary and legal curiosity; and bears
upon It's face incontestable evidence Of the
straits 10 which It's authors were put, in
their efforts to evAde plain constitutional
provision. Its first eleven sections ara
devoted to counties, and the residue to OK.
tending some OF the powers given to coun.
ties, 10 cities, incorporated villages and
townships. A county may construct q
railroad" between specified ttrmInt, and
borrow money with which to do It, and
tax the cUunty to repay the principal and
interest Of the sum so borrowed. Whether
tho road must be in the county, or may DO
located anywhere else, Is left to conjec.
ture. Either before or after the road Is
completed, the commissioners may lease
or sell It, to person or company, upon
such terms as may DO agreed upon, pro-
vided o majority OF the electors assent 10
the lease or sale. Cities, villages and
townships may also "vote for the con-
struCtiOn of q railroad, and borrow a "fund
therefore, to the extent, in tho manner
and subject to the conditions and pro.
III. al. T.. = "a