The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1873-04-26

soe VIEW NO8T8 W 0oS bos neen u1SIWW3
c,asS"' rsbly ON the eDnsts' u'i''"sli'y Ut
phasd ~ refer Cspa Mijj~ and The Dsxs
l/slge CLIQUE ~ The fs,lhswirk decisi'n frssN
sbc bghrss aneosssity ID the Union. which
settles the qWcs'iOn teyOnd Ill dispute:
The Nebra.ks City Pvess says: "In the decision
Of the impOstsnt in the Supreme Court Of the
United States last week. affects OtOe county 70
great extent 1t IL that OF this county. Ooe rs the
Burlington and Missouri River Railroad Company.
This was action upon the interest coupous detsch
ed from the bonds issued BY Otoe county, under an
sct Of our Legislature to the D. 4 q. Il. r Company
II appears that upon the question whether the act Ut
the Legislature auiho king snch aid to railroads
without \ submtsiOn OF the question to the people
for ratification 10 unconstitutional Judge Dnndy. Of
the United states Dis irict Court, and Miller, Of the
Circuit Court, hsd divided In opinion. The United
states Supreme Cours-Chief Justicc Chase and JUS
iiccs Miller and Davis disrcutipg-dcvsrcd it, decis
ion that the act 10 question IL not In c0n6ct with
State constitution aud that therefore the issuance
Of the bouds was legal without submission to the
Ieople-Gastke 2:
The Gazette says the above ''settles the
Questio"." II may for the Casette 1t has n
times Inns lit on the central part If It's anato-
my instead Of its feet Til. above Is not an
excelak nal instance. l. demonstrates what
suh,crfugcs and isrevre~cn'a'ions the sub
s,dy ring will resort ~ ~ deceive the pc"
pie. In the first place the csSe decided Ly
the Supreme Court "fthe United States wns
not that Of ''O'oe W. T. & NJ. Il. r. Co."
but the case Of .'Olcntt vs. the Fond du Lac
Commissioners" which came up in Wis
cOns,n. and was appealed IL the Su-
prc,nc Court. The Press argues il only
NJ affecting the OtOc county case. The
pOin, involved was not subsidy. Subsidy
is IN outright gift. As prolNsed by
the Montana Ring, tits to gice 81 much
money outright to = Private Railway Conn
psny, The company to derive oil, aud the
people no. direct benefits from such gifts
This money is to he paid by taxa
ton; tina, taxation is for n prioase purpose
and is unconstitutional, AMI would be in
any state. In the cnse decided the counties
su6scrsbed 10 tho companies stock and re.
ccivcd bonds therefor; the county was =
stakeholder entitled to direct he etits and
revenues derived frpm the upt ration Of the
road ~ the amount Of stock held aud the
taxation might thus he construed for .
public purpose. although Chief Justice
Chase aud the t:sO ablcst members Of the
Supreme C0ur, Jissen,cd from the opinion.
The question If its submission T. the people
for ratification would have no bearing in
the case less cOnstii utionsl provision Of
the State required such ratification, Ms with
cut that . Legislature is not required to
submit its appropriations for subscription
Of stock. any more than its appropriate IS
for any OtLer purpose. If the Montana
Legislature should vote subsidy. there Is
no law requiring its ratification BY the PEG.
pie, ncr would that ratification give it any
legality. Therefore, the decision with which,
the G":ette ''scttlcs the question:" has no
bearing whatever directly or indirectly on
any proposition yet made or talked Of relative
I" aiding any company by Montana or any
cOnnty of Montana. As usual, the G"sette
has jumped, and left its brosdcst impress in
the mud