The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1873-05-21

counties and toRnshipl are not only not
adapted to carrying on the huSlDeSs Of
constructing and operating railroads, for
the reasons above stated but The carrying
OF Il nRFoHld necessarily havc 0 very
corruptiug effect -npon- the conduct and
management Of their ordinary and legiti-
mate affairs and upon the elections
These considerations doubtless induced
the iramcrseI the Constitution to restrict
the powers and circumscribe the spheres
Otstheso political organizations as they
did. .El.yl
". Under the Constitution, counties
and townships arc merely geographical
subdivisions Of the State. They are not
corporations proper. They exist only for
public purposes. The Legislature cannot,
therefore, enact that the tax payers Of
counties and townships shall become
Joint stock companies for the purchase
and with the power to construct,
lease and sell railroads. Yet this
act does, in effect, provide for the creation
oil Joint stock companies, TO be composed
Of all the tax payers oil counties Tor the
purpose, and with the power OF construct
Ing, leaiing and selling railroads! THE
county;cOmmissionerS, &c, are constituted
their managing agents. Thus the act as
sumes TO create an agency for indtYtd-
uAls in matter Of Individual In.
terest, and TO compel them, without their
consent, to contribute money TO railroads
10 subserVe private or public interests,
and To be leased or sold through such
agencies. The tax payers OF Ohio have
never asSented to such interference. over
their property, and private affairs; and
business.
V. The proYIaoni of this act in regard
10 counties and townships are void, be-
cause they attemptto authorize counties
and township 10 construct, railroads
wholly outside and remote thereirom. \ II
a county or township can be authorized
10 construct q railroad at all, the author
ity must rest upon the same right which
allows the county or township to impose
burdens upon their citizens TO construct
common roads within their limits for
local use, A county or township tax,
must necessarily be for local object.
VI. The act Is unconstitutional, be.
cause, while Under It's provisions some
railroads may be constructed which will
be of public utility, yet others may be
constructed for private use and encroach.
mcnt. Taxes can be levied for public
purposes only y. .s''-,-57gf ,l lE=y ~ vF
The character Of the railroads which.
may DO built Is not defined or described in
this act; nor does 1t provide that the ques:
ton oil The public necessity Of Rpr6poeed
road shall he determined by any tribunal.
Tho Cincinnati Southern Railroad act
provides that no action shall be taken to
ward constructing railroad under II. I'm.
less the City Council pass = resolution de-
clarlng that such road Is essential TO the
interests OF such city. A railroad Is IN
like a common road or q turnpike or a
canal Every man can use these with his
own means OF transportation. An act
passed in 1857, which provided for the
construction Of bitches, was adIudged by
this court to be unconst ituuonal on the
ground that under it 0 ditch might be 10.
Gated and opened for the purpose Of prl-I
Yate interest, irrespective Of the public
welfare. .7A.l rssaa ...l4. -
VII. The act is unconstitutional, be-
cause 1t does not provide the means for
condemning lands Tor the right of way,
nor does It provide any fund for such
right of way. The bonds which Il pro-
yides shall be Issued are required to be
paid to contractors for bulldog the roads. |
VIII. The act Is void, because taxes
cannot be levied, nor private property |
condemned, without the consent Of the |
owner, and not Gt q ptiee fixed BY him,
until there has been sn adjudication, by |
an official tribunal, that the tax and con-
demuation are demanded by public ne
cessity. Yet this act does not provide
for such adjudication. A railroad is not
necessarily 4 public use. Whether rail.
road Is essential tosthe interests Of the
public depends upon It's locality and the
nature and extent Of It's use, ..,sT ~
In. The decision of the Court In the
Cincinnati Southern Railway case Ia not
decisive of. the validity Of this act. There
ara many material distinctions between
that statute and this act. H.
. Ia 1t does not appear from that statute
that its operation will be 70 aid railroad
corporations 10 construct railroads; where.
as this act will in It's operation have that
right, its provisions show. that that is It's
main object and purport. - q - ~
\ Q. ThRtstAtutel provides thatno iaelion
shall beitahen ard the conStructio1.ot
line ofTailWay under It, unless the City
Council declares 1t 70 DO essential to the
interests Of such city; whereas, under this
act no such declaration 10 requisite,
s. The Constitution does not prohibit
cities from leV9ing taxes for any other
purposes than police purposes; whereas Ii
does prohibit counties aud townships
from imposing taxes Tor any purposes eX=
Cept police purposes, and TO dlG charge
debts incurred TO Tepel invasion, suppress
iusurreclion, and defend the State In war.
A.. ThRtstaiute did not AuthofiZe rail-
road 10 b cohstructed IoRpriVAte enolu.
ment; whereas, under this act railroads
may be- constructed TO Bub8erVe merely
pFlvate Interests, and tor that purpose Il
Suthofizes taxes 70 be assessed and pri'
vate property to be taken. 80 Il
5. That theStHtute provides a-fund for
The right Of !wsyi. whereas this act does
not. - ~ l8s=1r.t -r1 .sg-. - al
) 0. That statute authorizes theconstruc.
lion 6yR citY,of tho first class Of limo Of
railway complete and, perfect In and Of
ltseh, and constructed on the own sole &C.
count Of the city; whereas this act EN-
powers the construction Of pieces OF lines
Of railway, incomplete and Of no use In
6nd Of themselves, anaPartly constructed
By railroad corporations,
e
J The Appealing Power, ,.
fRFouI ths WeRtofi lOatnocfhtSl D. ~ AGH A
~ ' ~ tU,,E.,, ~. AZ 1870