The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1873-04-19

~ uUC AekUSUSSubC ~ NS "C0F"t OSsS"us ="
tile consideration If this imp'r'aei subject,
question: whether Congress has Conferred
up IN the Legislative Assembly the authority
u grant bonds To aid private corporations.
Cerriu,rinl governments hsve always been
regarded ss governments Ut limited powers;
Temporary governments. for aNssl purposes
only. Such governments sre dependent
uupn the vii! of Congrrss for their exist
sner, aud appear ~ lN'ssess no other power"
iha,, ll,se ~ civil government. The nu-
tnOrlly " exercise the right If eminent dt'~
Ii,.,n lIas cE xriy not been conferred by COm~
xr.ss IN Any CerritsirIal government; nor
nave iue general rH'wers Ut txxatt'n, iO the
eAienl exercised by State govern,aeni". been
~. llurizel. ~ here the right ut eminent
domain stops, there the right ~ incur any
obligation fsOm the public stOps." u y
State government, with no express csI0s'i
,ui,O.al restrictions, p'ssesses no lOwer To
auiu.,r,xe tue levy "f tax tor the purpose
uf making . direct yitt If the money Ma
private -, rIAu cEirustiOn, ~ which Tue
t,s,e vr lax lsy e's have no ownership. Gu"
= Territorial government legally exercise
such authority without It is specially cOii>
ferred by Congress!
Ii | CORRECTLY understand the purposes ut
the friends ut The rx'lrxi movement IN the
rerr,,,,ry, y.u will b. asked I" auln"r,ze the
people ~ IN ke direc. a.ld outright y'ft Ut
bonds u sO.ne private railroad cbrp'rallOn.
NJ stock If any c'rp'rsiiOn Is I" t'e is~u'
10 the pes,ple in return fVr the bOn.is they
are csiiesl upIn Ia vbt. aud, eventually, pay
The people are " have mu voice in tho n'sn
agr,,lci,l ut the corporation u whose capi.
,xi susck they are asked 10 contribute ~
largely. :,
IL your Investigations of this subject. !
beg " lnvilc your attention u xn extract
frUm the very x,,le aud learned Opinion III
,l.e Supreme Court of Michigan delivered
by Judge C.Micy, = jur'st Ut the highest
respectsOiiity, who says:
1T IL fundamental principle in the law
of iAxatIOn, tnat taxes must be la'u tor =
public, and not tor mere private purpose; :"
li,xt eiatuc xuti,OrizIlK the levy aud cOl>
lection Uf n isA ~ sid railway c''inpanies ~
the construction Of their roads, violates thIs
fundamental principle aud IS vOid.
A statute which undertakes to confer
UPON majority of voters Ut township
authority Ia vote u tax, The pr''cecsls ~
y h,cil aTe u be I've given u railway corp'r'
sl,Oms To aid in the construction Ut r''xds 10
run though the Wwnthip, i not M ena's.
nle,it authorized by liie tax paying pOwer
vi the Sta'e.
Taxes must bc imposed for public, and
not tor y ucre prIyaie, purp,se. Taxation
is ,lO.le ut rA,s,nK revenues for pu"lIc pur.
p0ses only aud, ~ " .ald in some 1T the
cases, where II Is prs,slilMted ~ objects IN NJ
way cs,mnecle.i with the public interest Or
welfare, il ceases IT, be taxation and becomes
plundcr.
Tie Supreme Court of Wisconsin,, in the
case of Whitney W. The Shcsn'yx"n Ra,'-
way, held. that n statute levyINE n tax fUr
the sule purpose ar Makiny direct gift 1T
the s,m,ncy raised iO . mere private railway.
IN which: the S;nte or The taxpayers have no
ownership II unconstitutional.
These opinions app ar D be well sustain-
cd by the curren. Ut American decisions on
the Quc.t,0" involved therein; but the
power "t the municipal subdivisions 1T .
Stale O subscribe IL the capital stock Of
railroad corporations. or IL own and operate
rAIls.Ia.ls, appears tO liz pretty well settled
by the Courts. although, th"rc arc many de.
cisiOns IN which the "pp's'tc view - main
tanned. Tue principal reason Halv xnced by
c,urts in sustaining tue legality Of subscrip
tons To the capital stock If rSilrWl sa'rp"r.
ATOMS ny municipalities, is-that the pes'plc
retain M iniercsI xnd . v'DicU IN the man
mye,uent Ut the corporations in which lheis
,,.,,ney is invested and that If municipal
Iiy il vested with the authority t. CONSTRUCT
. rAiirad NJ The public expense, and Ow,
and Operate the same. !, 10 competent tO a;t
u rs'.r.'ad COMPANY by subscribing to III
capital stuck.
The law -nAking power should never ex'
ercise IN authority IF dountful legality
n,ubis should always be conclusive sgains
affirmative action.
Without further con idering the questio,
involved, wnnhl il I've wise for the people Il
vote . gift of t,rhs tn some private rsilrs'at
c,muany, and thereby add u their presen
| Oppressive debt?
We owe debt of more than half = million
of dollars. and unless yor in your wiafl"u
enact SINE j"dicious laws. reducing Tee
and salaries. Il must and will increase
I ,~lieve il would he suicidal for tn
reople to entertain for moment, anl
rr,OmitjOn tn voie tOnds for any rurr's'
whsscyer. until there il some Legislation
making a radical reduction In the cxpe"
d,turps "f the Terri'"ry and counties. 4
statement snhmisted by the Territorial An
ditor. sh"ws that the county Of Deer I~Mg
rsii the Sheriff from her treasury. d"r'"i
the last year. the sum ut seven Thousand
three hundred and flfty>hve dollars an
ff,epn cents; and the County Assessor 'n
sum 1T three thousand eight hundred an
forty>sbvee dollars and seventy seven cents
and the conu,y IT Galiatin paid the Shrs't
NJ ,hs, cour,v frnm her treasury the sum
tvo ,houasud SIX hundred and scventy..'n
dollars and lif,v.tw, cents; and the C'erl
and Recorder the aum 1T .,ne thousand min
hundred and fnrtv.aeven dollars. Ches
allowances arr In addition tn the fees rs'
the Sherifys nv ,iti9anta In civil cause~: an
,hoae psjd the Recorder by individuals IL
recn,dine Instruments. and for other aes
vices. The aggregate debt IT these coun'te
IN ahnus ninety seven thousand dollars; an
the debt Of 0a,laiin county haa increase
seven tbnusand dollars aimee The first .ay a
March. 1879. The amount paid for sa'arte
in these counties the last year, reachos "a
eoormo,,a aum nf ,hirty.tw0 thousand seve
hundred and thirty ak 'h'llara and stxty.tw
cents Can ,hese ex enditurcs continue. an
added ~ them 4 large rsilrosd debt, IN
diagraceful bankruptcy he avoided!
let thi, snhject he considered In no sp'r
# hostility T., railroads. for their hene6is
she people must he Acknowledged bv ever
reasonable man: bu, will We not obtain u
henefits of q line 1T raiir0sd thr"ugh u
Territory within . reasonable p riod. will
out acv cast tn the people? The pngre
heres0fOre male In the ns'ructiOn ~ u
Northern Pacific Railrs,ai. n an earnest
i,s steady and early advance into the ae'tt
ments 1T the Territory. The Company n
been en4axel In the construction 0S u
rsed hut little over two seasona. and ah"'
i've hundred miles are now completed On
In operation. The Company y rcp,rted
he in betser hnanc,sl condition to.t!s
than ut any time s,ncs 10 "rxsnixsei0
. | Many Of the obstacles in the wav of the .
Of iis houds have heen removed. ana M
the monthlv sales are very encouraging o.
sasisfact0rv IN the COMPANY and Its TREND
! think there ran he mn dOuht hot that q
Northern Pacific Rsilrosi will be complet'
!. inso central Montana, long In advance
.. any other line now projected or thas
likely 10 he projected. Ia.
M line from this Territory n the Cent!
! Pacific Rsilrned haa beoa surveyed or
! Gated; nor has any company oeen nfgants
asking yoar aid. that has the right Ut =.
T over public lands The 0r2anizaits'n 0t
! compeny and the putting In operation OF
mach,nesy. viii requiretime and casse dess
| Would Il mt be the part ut wisdom tn p'a
/ p,ne acsion dis this subject until our re
! risosy b rseched BY the Northern P:csl
! Railspsd and then should the pesDple des
! Il secessary ard judicious to aid IN ~ GO
ssrucsh,n of . line 0f railway 70 the Csetl
| n>.sAo se~v viii ~ murh hee0cf able