The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1873-03-01

matter ut subotdixtng North oa6 Soatb
railroad. There be- heen some aegumsut,
usnre vehement declaration. and % excess
1T bitterness, blusssr and hadioses. The
suhsid,sss have exhausted ths,r limited a.
gumcnts, have expendsd considerable mos.
~ In the furtherancs Of their project, have
vented good deal Of mathematical breath
On ths opposition, end Givsn The Nsw
NoRfn.WEsr a. eminent dissiDction - Tie
bead and front Of the ssti.subsidy Offend
Ing. It hes been good winters smuss>
ment and recreation. afforded . theme for
public and psivste discussion, and evolved
IN amount Of mental csl,ric compromising
10 sotne degree the friGidity OF the physical
world within the lines Of Montana But
the month W enter upon to-day insuyur.
ates spring time ~ well - Pres,denss; the
recres.ions Of winter will yield 70 the duties
of life. and practical considerations succeed
polemical psstimes. It devolves upon coma
one 70 ring down the curtain on the rsil>
road Subsidy comedy, and dismiss the sudi-
ence. Our correspondent, "AxTI.SuBslDY,"
does Il In this issue, and We herewith give
the epilogus 10 the play.
For many years encouragement AID cid
hes been given 70 railr,ad corporations ex>
tending their lines into undeveloped coun>
try by States, Territories, counties and
municipalities in the way of subscribing
clock, and by outright gift or subsidy dc.
rived from taxation OF the people. Until
within the last few years the taxes 70 pay
interest and principal have genssslly been
paid, the incidental and indirect benefits
derived from such roads being accepted -
compromising return for the moneys % paid.
But In late years the subsidy and subscrip'
ton systems have built up such enormous
monopolles, have imposed such unbearsble
and oppressive burdens OF taxation upon the
people that redress has been sought in the
courts, and generally If not unexoeptionably,
obtained The Supreme Courts OF Kentucky,
Iowa, Wisconsin and Michigan, 10 opinions
written BY the Chief Justices and In every
instance being concurred 10 by the Associate
Justices, save one disseutirg Judge In Mich.
igan, have declared that subsidies TO private
corporations from States. counties Or towns
10 unconstitutional There are others among
the most eminent legal authorities of the
United States who entertain the same views,
and the question now 10 whether there ore
any distinctions exempting subscriptions In
stock from exact classification with subsidies
a. illegal legislative acts
The power of Congress to subsidize roads
10 exercised under ito supreme constitutional
power to ''provide for the common defense
and general welfare" BY establishing them
for the transportation Of troops, stores
and munitions of wa. The prohibition 10
subordinate governments il in the Fifth
Amendment, NOR shall private property be
taken for public use without just compensa-
ton" and In the fundamental principle In
the law OF taxation that taxes must be levied
for public and not mere private purpose.
The project In Montana 10 to make gift of
ts.6oo. 900 to . private corporation for =
private enterprise and tax the property OF
the Territory for ito payment. Now, - II
hes been decided BY every Supreme State
Court that hrs passed; upon the question,
that subsidies to private corporations are
VOID In the States, the Territories have Ger
tsinly not even equal authority to grant
subsidies. and the Territory not possessing
II, to Legislature cannot convey to counties
OF municipalities authority that It cannot
itself exercise. II these points ore we'll
taken. Il follows that should the Legislature
meet, authorize subsidy BY Territory, coan.
" OF town. and the peopls raiify Il BY vote,
tho subsidy could still Be evesthsown In the
Courta That counties and towns In Ter.
ritUries have given subsidy TO railroad cor
porstiops, and ars paying the taxes thereon
10 no evidence that the sys,em will stand the
test Of law. The State Of illinois which
has just adopted Ito new constitution. TO
prevent the inevitable litigation and costs
that win arise In ovesthrowing them, sps.
cincally prohibits subsidy and subscriptions
Of stock u railway companies. The Senate
Committee on Pacific Railroads let session
reported . general Incorporation law pro.
hibling I'll Subsidies 10 railroads BY Terri
tories, counties Or towns, and the opinion
given shove that they ars illegal and void
under al circumstances. except VIXEN grant.
ID BY Congress - . military measure, 10 en-.
tertained and held BY the most advauosd and
eminent legal authorities In the country.
All the judicial opinions snd decisions
indicate thsss 10 not . subsidy In The Terri.
tories that will not be nulli6ed within The
next few years BY the courts. co. ,a
i might be well enough for members Of
The Legislature, and other Interested parties,
70 look this matter Up. The en- Of subsidies
has gone By In the States: Itmay have gone
By 10 the Tefritosiea The power Of taxa
ton for private purposes does not exist In
them. end that tho granting Of cid to .
private railroad corporation 10 not compel.
linz taxation for n nfivaf0 nurDooe.7 cannon