The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1873-03-15

From the q. Peal MIMI, Pre.s, February q.
Very loose views seem TO prevail in the
legislature Of the legitimate scope Of leyis-
htive power. Several bills, for example.
have been introduced authorizing villages
and towns to issue bonds in aid Of manu-.
featuring enterprises A bill Of this char,
actcr authorizing the village of Kasson ITO
issue bonds in aid of building Steam
FIGURING MILL" has been vetoed by the Gov
ernor on the ground that legislation Of this
character was beyond the constitutional
powers Of the Legislature. The bonds in
this case were Of course to he paid. by taxa
ton on the property OF said village-the
bonds or their proceeds to be donated or
loaned as the village authorities nigh: deem
best to any person with whom they might
contract for the building OF such mill. The
opinion of the Attorney General upon the
subject clearly sets forth the constitutional
objections u this kind of legislation and We
therefore quote considerable part OF It:
lit is intended that the village shall own, control
and operate tho mill It would b. obnoxious to the
objection that such IN enterprise does not fall within
any Of those municipal and town purposes for which
alone municipal corporation can Ne created under
our Constitution.
The principal and underlying objection to this bill,
however, 10 that the enterprise in aid Of which the
taxing power Is sought to be exercised purely
OF private character snd Is In no just sense sacb
public purpose ~ to justify the State III the exercise
Of this perroga,vc Of power In tho language Of Chief
Justice Black in the Sharpcss case 1.-THE legislature
has constitutional right to create public debt.
to authorize any municipal corporation to do 1t In
or.er to raisc funds for mere pirate purpose.
This would not he legislation. Taxation II mode Of
raising for public purposes. When it is pros
.utcd to objects In way connected with the public
interests welfare II to be taxation. and BE-
comes plumber. Transferring money from the owners
Of it, into the possession Of those who have title to
II, though it b. done under the name and form Of
tax Is unconstitutional for all the reasons which for
bid the legislature to usurp any other power no,
granted to them
|
wilson & Als a. the Board Of County Commission
Of Ramsey county. defines taxation to be pccuniary
charge. imposed by the legislative power Of the State
upon property owners to raise money for pnblie pur
poses ;" citing with appreciation the doctrine enuncia
ted In the Shapc-s applicable to the question
Of legislative power under our own State
and expressly adopting as its own the 'concesson'
OF the chief Justice in the case THAT law author
znx taxation for my other than public purpose void
II the erection Of steam Touring mill and tho man
uiacture Of -four for purposes Of private gain b,
any process Of rensonin: be established '.pubit
purpose" within the meaning Of those terms uset
In defining the limits Of the power Of taxation, then
by the same process Of rcasonin: it will not bc didi
cult to convert every cheese factory, machineshop
saw mill hotel bank. and dry goods establishment II
the State into public enterprises inviting und demand
Ing governmental aid and assistance l am clearly o.
the opinion that the act In question 10 beyond tn
scope Of legislative power.
| Respectfully, your obed't serv't.
| FIR Z. CORNELL.
| Atty Gencru