The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1873-03-08


what they would feel In other objects fol
which, the right 70, impose taxation would
bc unquestionable The business Ut nail.
reading Ia private hands Is not 70 be die
tinguished In its legal cbsractesistics from
either Of the other kinds of business here
named, or from many others which might
he mentioned; hut in the case Of Weeks v.
kitenukee, 10 Wis, 242. the Supreme Court
Of Wisconsin, justly treated with very little
consideration the claim Of right to favor,
under the power of taxation, the coustruc>
ton of public hotel, though the aid was
to be rendered expressly Tin view of the
great public benefit which, the construction
Of the hotel would lie to the city" The
court expressly declared that tho public
could not he compelled to aid such an en-.
terprisc from any regard to the incidental
benefits which the public were TO receive
thcrcfr6m.
On the other hand certain things of abso'
lutte necessity to civilized society the state
Is precludcd, either by express constitution.
d provisions, or by necessary implication,
from providing for at all, and they are left
wholly to the fostering care of private en-.
tcrprise and private hberslity. We concede
for instance. that religion Is essential, and
that without it we should degenerate 10
bsrbarism and brutality, yet we prohibit the
stale from burdening the citizen with its
support. and We content ourselves with
recognizing and protecting its observance
on secular grounds Certain professions
and occupations IN life are also essential,
but VIC have no authority to employ the
public moneys 70 induce persons to enter
them The necessity may be pressing, and
to supply it may be in certain sense to &c.
complish ''public purpose; but it is not
purpose for which the power of taxation
may be employed. The public necessity for
an educated and skillful physician in some
particular locality may be great and pressing
yet If the people should be taxed to hire one
10 locate there, the common voice would ex-
claim that the public moneys were being
devoted to . prisnse purpose. The opening
of new street In = city or village may he
Of trifling public importance, rs compared
with the location within !, Of some new
business Of manufacture. but while tho right
to pay ont the public funds for the one
would be objectionable, the other, by com.
mon consent, is classified as private inter.
est, which the public can MD as individuals
ifll,ey see fit. while they are not permitted
to employ the machinery of the government
TO that end.
We perceive, therefore, that the term
''public purpose" as employed 10 denote
the objects for which taxes may Ike levied
has no relation 10 the urgency Of the public
need, or to tho extent Of the public benefit
which Is u follow. 1t Is, on the other hand.
merely term Of Classification to dissinguish
the o9jects for eAieh, according to ssss!ed
usage, he government i 10 provide, from
those rAich, BY the like usage, are left to pr.
cate inc!inatiow. interese or hLerality.
It creates broad and manifest iistinc.
ton -onc In regard to which there need Ike
neither doubt nor difficulty public
works and private enterprises; between the
public convenicnccs which 1t Is the business
Of government to provide and those which
private interest and competition will supply
whenever the demand 10 sufficient. When
w draw this line If distinction, We perceive
Immediately tina. the present case falls out.
side Of It. 1t Was 1t one time in this state
deemed true policy that the government
should supply railroad facilities TO the trsv.
cling and commercial public, and while that
pqlicy prevailed, the right of taxation iorthe
purpose was unqucstionablc. Our policy in
that respect has changed: railroads ore NO
longer public works, but private property;
individuals, and not the state, own and con.
troll them for their own profit; the public
may reap many and large benefits from
them, and indeed are expected to do SO, but
only incidentally, and only rs they might
reap similar benefits from other modes Of
Investing private capital. 1t Is no longer
recognized as proper or polite that the state
should supply the means Of locomotiou by
rail 70 the people. and this species of work
is therefore RENTED u the care Of private
enterprise, and cannot be aided by the pub.
lie funds any more than any other private
undertaking, which in like manner falls
outside the line Of distinction indicated.
But the discrimination by the state be.
tween different classes Of occupations. and
the favoring of one at the expense of the
rest, whether that one be farming or hank.
iug, merchandising or milling. printing or
ra,lroading, 10 not legitimate legislation, and
10 al invasion of that equality Of right and
privilege which 10 maxim in state govern.
uent When the door 10 once opened 10 it
there ID no line 1t which we can stop snd
say with confidence that thus tar We may
go With safety and propriesy, butno farther.
Evc;y honest employment 10 honorable; it
10 beneficial to the public; It deserves en-.
enlargement The moro successful VIC can
make 1t, the more does II generally subserve
the public good. But II 10 not the business
of the state to make determinations IN favor
of pne employment against another. The
state can have no favorites. Its business -
10 protect the interests Of all, and 10 give
oil the benefit Of equal laws. It cannot
compel an unwilling minority to submit To
taxation In order that it may keep upon ito
feet any business that cannot stand alone.
Moreover, Il 10 not Q weak interest that can
give plausible reasons for public cid. When
the state once enters upon tic business of
subsidies, We shall not full to discover thst
the strong and powerful interests are those
most likely to control legislation, and that
the weaker will be taxed to enhance the
profits of the stronger. ...
D