Los Angeles daily herald., 1873-10-07
Vested Rights mo. 2. ,

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dicial system and practice We're the
Outgrowth of English Jurisprudence,
there can be little doubt hut that our
courts, from the tenacity with which
Judges cling to and rely upon prece-
dents, and the great reverence with
which they have looked upon the de-
cisions of the English courts, have
failed to give due consideration to the
great and radical difference between
the ultimate sources of the power ex-
ercised by the Legislative bodies of the
two countries, and have seen the legis-
lative power in a magnified state when
looking beyond or through it to the
people the acknowledged source of all
power under our form of government.
The law-making power of England,
the Parliament, is the Kings Parlia-
ment, or the Legislature of the Execu-
tive of the government Although
in part elected by some few of the peo-
pie, it is not the peoples Parliament,
nor are the aggregated people of Eng
land recognized as the ultimate source
from which the laws flow; but it is the
king who is SO recognized. 1t is the
acts of Parliament that compose the
English constitution. With us it is
the act of the people.
Our courts, following the path of
the English courts, hold that the Leg
islature can confer vested rights upon
private corporations while they de-
clare that municipal corporation cam
not confer vested right for the rea-
son that the municipal corporation is
the creature of legislative power which
latter can at it's will annul all the cor
porate powers of the town or city.
The courts of our country appear to
have overlooked the fact that the leg
slature in our country and under our
system is as much and in the same
manner the creature of the people as
the municipal corporation is the crea-
ture of the Legislature, and no reason
presents itself why the creature of the
people can rightfully convey in per-
petuity to one individual or Il limited
number of individual persons, or to a
private corporation, a right and power
to Oppress and hold in servtude for
his or their pecuniary benefit, or from
revenge, its own creatOr-the people.
There are cases, however, in which
our courts have advanced a somewhat
different opinion respecting the power
of legislatures to confer vested rights.
The taxing power of State, which
power resides in the legislature, is one
of the most absolute and unchecked
powers If not the most absolute and
unchecked power, with which our gov
ernment is invested, and is one over
which the Legislative power il SUI
Ypreme.H \ Still an act of the State legis-
}ature declaring that the real estate
belonging to a hos pital should be and
remain free from taxes, was by the
courts of Pennsyvsnia held to be re-
pealable, and such real property subse-
quently made subject to taxation. In
Massachusetts the Court said, the
truth is, there is no such thing as Il
vested right to do wrong, and legis-
lature which in its acts, not expressly
authorized by the Constitution, limits
itself to correcting mistakes and pro-
viding remedies for the furtherance of
justice, cannot he charged with violat
ing its duty, or exceeding its au-
thority. Uss ##tegE#
Even in England, we find Mr.. Burke
announcing the following principles
respecting the power of the English
Parliament to confer vested rights up
on private corporations. He said, the
natural rights of mankind are indeed
sacred things. If these natural rights
are further affirmed and declared by
express covenants, if they are clearly
defined and secured against chicane,
against power and authority by writ
ten instruments and positive engage
ments, they are in still better condi-
ton. They partake not only of the
sanctity of the object so secured, but of
that solemn public faith itself which
secures an object of such Importance.
Indeed, the FORMAL recognition by the
sovereign power, Of an original right in
the subject, can never be subverted but
by roofing up the radical principles of
government, and even of society it.
self. The charters which we call
by distinction great, are public in
struments of this nature. The things
secured by these Instruments may
without any deceitful ambiguity, be
very fifty called the chartered rights
Of men. These charters have made the
name of charter dear to the heart of
every Englishman. But, sir, there
may he, and there are, charters not
only different in nature, but formed on
principles the very reverse of those of
the great charter. OF this kind il the
charter of the East India Company.
Magma charter is a charter to restrain
power, and to destroy monopoly. The
East India Charter is charter to es-
tablish monopoly and to create power.
Political power and commercial mono