Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1873-08-25

pfOpOSltlOn, the material portion OF
which is that they are payable ito
Luther Beecher or bearer"
This is a fair statement of the
concessions made by both parties,
and I submit to every candid man
whether, as the agreement states,
''mutaaI concessions have been
made"
l shall present but one other OBJ
jectiou to this compromise under
this general head: which is
10TH-THE COMPROMISE IS oBNoX-
IoUs To A LARGE NUMBER OF THE
PEOPLE.
No compromise can be wise or
efficient, nor can it be advantageous
or beneficial to the county or its in
habitants; which is so obnoxious
that a majority Of the taxpayers in
any one or more towns will be re-
calcitrant and refuse to pay the tax
es necessary to give it effect.
| have already said all that [ de-
sire, to show that the attempt to
compromise must prove abortive if
a majority in some of the towns
should refuse to pay their share of
the taxes. [ now place this obiec-
ton on the ground Of the inexpe-
diency Of adopting any compromise,
which cannot receive the general
acquiescence and sanction if not APP
proval of the great majority Of the
people of every town in the county.
It is a self-evident truth that all
governments (including county gov
ernments) derive ''their just powers
from the consent of the governed"
and the exercise of any power, from
which large and respectable min
GRITTY dissent, is not only an act of
tyranny, but if it leaves behind it
dissatisfaction, and is of such a
character as is calculated to create
hostility and feelings of bitterness
and anger between the people Of
different parts of the county, is an
unwise and inexpedient exercise of
power and ought not to be persist
ed in. The exercise of the power
of making this compromise Gf the
board possess the power, which I
shall presently show they do not,) is
of this character: The evidence
that very large and highly respect
able minority of the people amount
ing to majority in some towns,
dissent from this compromise is
before you and cannot be ignored.
therefore appeal to you III behalf
Of those | represent to pause, and
mediate upon the inevitable and
seriously sad consequences which
must result from this actif persisted
in, and beseech you to reconsider
your action and proceed in this
business in such way as you are
authorized by law to do, and in such
way as viii avoid the unanswer-
able objections to your course of ac-
ton which have been pointed out
and thus effect settlement of this
vexatious matter, which shall be
just, wise and expedient and be adj
vantageous and beneficial to the
county and its inhabitants, and
which will meet the general and
hearty approval of the great mass
of the people, and which will leave
behind no feelings Of hostility, bit
terness Or anger. Then we shall
have arrived at the era of good feel
ing; contentment shall be our lot,
and prosperity our reward.
It remains for me now to ask your
attention to the other general head,
which was the first that announced,
viz:
THAT THE COUNTY BOARD HAS NO
LEGAL AUTHORITY TO MAKE THIS
COMPROMISE.
I shall limit myself in considering
this want of legal authority to two
specifications
LIST. That the agreement of COM
promise was not made by COM
mittee of the board.
I'd. That the board had no legal
right to issue new bonds, and at the
same time to permit the creditor to
hold the Judgment as security.
l shall first present some consid-
erations which are alike applicable
to each OF these specifications:
The county board has no inherent
powers, but only such as are con-
ferred by law.
The constitution provides (Art. 4,
Sec. 22,) that: 'The Legislature man
confer upon the boards of supervis-
ors such powers Of local, legisla-
tive and administrative character as
shall from time to time prescribe"
Here is the only source of the
powers of the board of supervisors.
Whatever powers the Legislature
may prescribe they possess; none
others. To determine whether the
board possesses any particular pow
er, 1t is necessary to ascertain wheth-
er the Legislature have prescribed
it. The powers Of the board of su-
pervisors of Iowa county are both
general and special. It's general
powers are those which are con-
ferred upon all boards of supervis-
ors by the general laws Of the State.
It's special powers are those which
are conferred upon it by special
laws. And it's general powers may
be, and, as will be seen, have been
modified by special laws.
1t would, we think, admit OF SER
ious doubt whether the general pow
ers of the board of supervisors of
this county authorizes it to make