The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1872-01-06
THE CITF DEBT.
The Duties and Powers OF the Munfct-
pal Government.

GENTLEMEN-Tn recent articles we have ap-
pealed to you not to assess the city debt. The
case is in court to restrain you, and, If you
persist, 1t will be tried. But we would rather
you should not. We want to meet the ques.
ton of the validity of the debt squarely with
the creditors, and would rather 1t should not
be complicated by unnecessary issue with
yourselves; and We appeal 10 you, therefore,
to hold your hand until the validity of the debt
shall be determined.
And ought you not to do SO? Is 1t not at
least questionable whether the debt be obi.
gatory upon us? It is principle of law
the corporation oan do nothing, but that to
which it has the capacity. In Pierce vs. Madi'
SON Railroad Company, q How, AL, the rail-
road company gave It's note for q steamboat to
run In connection with it; In East Anglican
Railway Company vs.. Eastern County Railway
Company, Law and Equity Reports, SIS, the
railroad company contracted 'to aid a line OF
steamers from its terminus to some port in the
North of Europe; In Brought0n vs. Manches-
terWaterworks, Barnn 4 Aid, l, the Water.
works Company accepted for accommodation
bill of exchange, and In each,-as In many
other cases,-it was held that the charter to
the one object gives no capacity to any otner,
and that the contracts, beyond, were void IL
is equally familiar TO you that no man is oouno
by tue acts of corporation, whatever be its
power, without his consent; not by the acts
of private corporation without he has sub.
scrbed to it; nor by those Of public corpora
ton unless he has accepted the capacity; and,
In McCagg vs. Chicago 81 Illinois, Is, where
the council had been ordered BY direct act
of the Legislature to make bonds to the extent
Of $500, 900 to the expenses of Lincoln Park,
it was held that it could not be compelled to
make them without the consent of the people
to be charged.
You must know, or must see. looking to
your charter, that you not only are not Or
dered 10 make The STOCK In question, but have
neither the capacity to make 1t, or to do any
OF the works, or any works whatever, to which
it could have been made.
Nor has 1t more, or as much, discretion,
even In Its political character, and authorized
to assess its expenses merely, 1t cannot Issue
execution to enforce It's assessments, but
must sue upon them. Supreme Court N. ].
And authorized to remove distractions IN
streets, it cannot impose penalty for en-
croachments. Rapides vs.. Hughes, Is Mich,
81.
Now, seeing this, and that you are without
capacity, but to make the regulations neces.
sary to the preservation, peace and order of
the town,-thal you could not regulate lotteries
or the price and dSsize Of bread, even, until
you got that by amendment to your charter
that, though you have jurisdiction OF streets.
you have not yet the jurisdiction 10 open and
ioiden streets which is vested in committee. -
must you not question whether that debt be
obligatory upon US which consists oil contracts,
the contracts Of a private corporation, made
to raise money,-there is no authority to raise
by borrowing-for the means mentioned fs by
assessment-to objects you have no authority
to accompllsh,- without the assent of the peo.
4 nd xyIf hn
consideration against IL, that, for thirty-dVe
years after the adoption OF the charter, no
Council had undertaken to make 1t, and 1t is
to be presumed, therefore, that. for that time
no Council had supposed Itself possessed OF
the power to do 80.
And seeing reason to question the obliga.
ton OF this debt, is not that sufficient rea.
son for not enfo. cling 1t, If you had the power
to do 80? Surely the agent, seeing his authori-
ty questioned, as to acts done, to the prejudice
Of those for whom he has assumed to act. may
Justly hesitate to proceed further IN the execu-
ton OF his admitted powers, until that ques-
tlon shall be determined.
But Is your power 70 asseRs this matter
clear! II this debt be for expenses incurred
in the s'by-.aws. rules ard regulations, you
are authorized 10 make respecting the thar
Dor, streets, lanes" &C., mentioned 10 the
charter and amendments, and you deem the
assessments eXpedlent, there can be no doubt
of 1t. But If It be motif 1t be for the ex-
penses OF even some of the matters of gov
ernment not committed to you, or, If 1t be not
expedielt, you caunot assess it; for 1t is very
certain that your power OF assessment was In
tended to be co.extensive only with your
power to act. That which you could you
could assess for, but not for what you could
not do; and certain also that 1t was intended
to give citizens the continued cover OF your
discretion as to what assessments should be
made. That each Council should for Itself de-
termine what assessments might be proper,
and that 80, the power of taxation should be
limited by the responsibility OF each TO Its
constituency. And as 1t Is very clear that the
debt is not for the expenses incurred respect
ing the tsrules and regulations" Council was
authorized to make, and that 1t is not assessed
for that it is expedient to do 30, but only for
that other Councils have thought proper to
raise money they did not deem II expedient 10
assess, sit must be questionable whether, II
charge resulting from expenses of govern
ment, this Council, under any power 1t has,
could assess 1t.
But resulting as IL does. not from the ex.
penses of government, but OF private enter
prises into which Councils have seen proper
to embark, and consisting Of contracts clearly
within the judicial power, 1t cannot be as.
sessed. 1t can only be enforced by judg gment;
The State can use, or delegate, the political
power of taxation, but to political objects;
and the Judicial power, vested by the consti-
tutien in the courts, as we have said, the
Legislature could not vest In corporation, II
it had tried to do so. Though 1t may be called
tax, it is the enforcement Of legal right,
and, therefore, necessarily an adjudication.
That power you do not possess, and for that
conclusive reason you must admit 1t to be