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

Declared Unconstitutional, -r
The judges of sIlIe Supreme Court Of
Ohio in pronouneing Tie Boelcl Railroad
Law unconstitutional, based their opin-
IONS upon-the PRINCIPLES developed by the
Argument Of Hon. r. 4. HARRISON, Of
London, Madison county As the decis-
lon Ig of interest to our readers on both
sides of the river We print the following
synopsis otSMF. HARMsoS's argument re-
Vised by himself: gt5 III
/. The so calledEB,lsse act, unlet COL
Or Of which these proceedings were had,
Ia in COntravcntiou Of section G!OE article s
.: the Constitution This section notonly
prohibits any county, toRh, Of townahlp
from becoming stOcIihOlder 10 any cor.
poration or association, but " also pro-.
nibiis any county from raising money for
ar in aid OF any corporation or. assOcis-
lion, and from loani1g It's crcdIt to or In
aid ni any corporation. or association.
the ConsiiiulionNIiIy OF an actis 10 be
determined Ivy iis operation, aud not by
the form il may she made tTiassume.
The reason Of this rule is that copstitu-
IiOnal provisions would be Of little value
irthcy could be eVAded by mere change
Jf form It Ia evident that the object Of
the act WAS to enable countless &c., to
construct pieces Of lines Of railway pro-
irctsd by railroad companies, and when
completed TO be owned. maintained and
operated by such companies The act
provides that any railroad that may be
constructed under il shall be either leased
or sold, and thig even before It's compile
lion. Counties, &c, are thus,in effect
authorized to construct, under the name
ii railroads, paris oi railways projected
by railroad corporations, 10 be owned,
maintained, and operated by such cor
poraliOns. Moreover, tho act requires
contracts to he entered into with the par.
" that will agree TO build the greatest
aumber Of miles Of road tor the sum sp.
propriated by the voters, No provision
il made for raising money 10 complete
the road when thu! sim voted is unRlth-
cient to construct II; the work In It's in
complete state cannot he used except by
tue railroad company In whose interest
aud as a part Of whose line oil railroad II
has been constructed. Besides, every
village and every township, as well IS
every city and county, Is authorized 10
construct A railroad, hut neither can sp-
prnpriAtG. for the purpose more than 8
ier cent Of The ASSESSED valuation thereof,
vet such a tax upon the property OF tho
Villages and townships and SFhearly all
tho counties 10 the State will not be Sutil-
Gent to construct more than small part
The Legislature areas sllec.usilyprO.
llhile,l lfohs authorizing couutIesS &c.;
from constructing parts Of the railroads OF
railroad corporations, and then transfer
ring them toRuch corporations as they arc
prohibited from directly furnishing them
with money or credit to aid them in con,
STRUGGLING their. road. Tho Cincinnati
Southern Railroadiaet .aEtAoEizes q city
If the first class 10 construct line Of rail-
way which will bs complete In and Of IT,
sell. 1t differs IRON the BOesel act In that
particular ss wellAs In other material
particulars. sT,fr..,...A
II. This Fct h In CONTAMINATION Of tae
;th section OF article. 10 O, The, Gonslttu-
lion, which provides that the Oommis.
4iouers OF counties and the Trustees OF
townships and similar yards shall have
such power of! local .tSxation Tor police
purposes as may be prescribed by law.
By local taxation for police purposes Is
meant taxation for the administration OF
Justice, the maintenance Of local govern.
ment, the support Of the poor, and the
establishment and repair Of roads aud
bridges, which every person has q right
to use and can use With his means d ttav.
Fl and transportation. sri Ono .si
Railroads are not demanded by the
same necessity which requires the con-
slructi0n OF common roads and streets for
the individual, personal use OF all persons,
10 their own wAY, and With their own
means OF travel aud transportation. No
road can be constructed by taxation IN
less it Is not only public, bpp public for
sll PURPOSES of free and unmOlested pass
sge. The debatesin the convention which
framed the Constitution shoW. conducive
" that the object Of this provision was
to prohibit the Legislature from anthoriG
Ing County Commissioners and Town.
ship Trustees from levying taxes for any
other than ordinary county and township
purposes,
Ill. II the Legislature had attempted
To authorize counties Hnh tnWhships 10
construct, coupe, maintain and operate
the railroads they might construct under
the act, It would have beer. void for this
reason, II for no other reason s.name(yi
The exercise Of the powers supposed
would have changed, substantially, the
very objects and purposes for which these
local civil divisions Of the State were.cte
ated. In the frat place, counties and
townships we're not created Tor the pur'
pose, nor does the Constitution recognize
hem AZ exiSting Tor tho purpose Of be-
coming common carriers Of passengers
and freight TOR hiFe,zOVd to- ipcurSiAe
enormous liabilities Rhi6h such : bnhnSs
would impose upon them, Snd'to form
such business connections With one an
other as well as with corporAtluns and In
diViduSlS, as carrying on such business
would necessarily require. The Trainer:
Of our political system never COnlempla-
ted thAt these civil divisions Of the State
Instituted and organized solely for loeaI
government, should be used ior any sIoh
porpose. Aud our State Constitution doe
not provide such officers iorthe exercise
Of their limited poWera OF local govern
mont M vvnn11 no ParnirAd a tbSI, was,