Bozeman avant courier. [volume] (Bozeman, Mont.) 1872-1882, 1873-04-18

d TAX Tor tile purpose OF maj inI !; direct Iii
OF the money toa private railroad corpora
ton, IN Which TIL. State or tax payers have
no ownership. can 4 Territorial government
legally exercise such authority without it is
# specifically ordered by Congress?
Il # correctly understand the purposes OF
i the friends OF the railroad movement in the
Territory, you will be asked to authorize the
people to make d direct and outright gilt OF
bonds to some private railroad corporation
No stock OF any corporation is to be lssuea
TO the people in return for the bonds they
Eisre called upon to vote and eventually, pay.
ne people are 10 have no voice in the man
sgenent OF tile corporation to whose capital
stock they are asked to contribute SO largely.
In yotfr Investigations on th:s subject /
beg to call your attention to All extract fron,
the very able and learned opinion of the
Supreme Court of Michigan by
Judge Cooley, jurist of tie highest re- pret-
ability. who says: s41ifE4t 5 4
1T IS fundamental principle IN the law
oi taxation, that taxes must be laid for 4
pnoilc, and not i mere private purpose:''
taat statute authorizing the levy and col
ifcllo! OF Il tax to aidrailway colnpfiiies in
the construction IF their roads, violates the
fundamental principle and is void ta
| Astattite which undertakes to confer anon
II majority Of voters of Il township authority
20 vote a tax, the proceeds OF Which are to
be given to railway corporations to aid in
the construction oi roads TO run through the
| township, lsnotan enactment authorized BY
tile ltax-paying power Of the State i4ts NJ
t Taxes mast be imposed for public, and
not tor mere private, purpose Taxation
| is mode of raising revenues for public
purposes only aud. as is said IN some cases.
where it is prosti'uted to objects in no Way
connected With the public Interest or wei
fne,it ceases to be taxation and becol es
plumber. 88 ets 1tts6 f.ss 4)ist-a.lft
I The Supreme Court of Wisconsin, in the
case Of Whitney vs. The Sheboygan Hallway,
held, that a statute levyinga TAX for the sole
purpose OF making a direct gift of the mon
ey raised to a mere private railway, in which
Tie State or tax payers have no ownership.
is lncons itutionaI. s4laf fi hg55at ailif*Fl 4
These OPINIONS appear to be we'll sustained
by the current OF American decisions on tile
qnestioninvolvedt therein; but til power Of
the municipal subdivisions of d State 10 Sub
scribe to the capital stock of raftrcad cor>
porations, or to own and operate railroads.
aBResaars t. b pretty sl settled BY the
which the opposite view is maflrtaif taifflSlnnS lip
principal reason advanced by courts in sus-
tanning the legality of subscriptions to the
capital stock OF railroad corpus ations by
municipalities. is: that the people retain an
interest antt voice. in the management of
the corporation IN which their money is inls
vested; and that II a municipality is vested
with the authority to construct railroad at
the public expense, and own and operate he
same, it is competent to aid railroad COM
pany by subscribing to its capital stock.
The lawmaking power shonid never exer-
clse an authority of doubtful legality! Doubts
should always beconelusye against afiirma-
Without further considering the legal
question involved, would il be wise for the
people to vote Gift. OF bondsto somepriyate
railroad company, and thereby add to their
present Oppressive debt? tas4J.a9E fsfa i
We owe a debt Of more than half a million
of dollars, and unless you ill y0drl wisdom
enact some judicious laws, reducing fees and
salaries, it must and will increase Il sE9fiHitt
/ believe II would be suicidal for the |
people to entertain for a moment, any prop I
ositior to vote bonds for any purpose what
ever, until there is some legislation making
a radical reduction in the expenditures OF I
the Territory and counties. A statement
submitted by the Territorial Auditor, shows /
that the county Of Deer Lodge paid the
Sheriff from her treasury. during the last
year, the& TIN of seven thousand three hun
dred and fifty-ive dollars and fifteen cents;
and the County Assessor the sum of three
eight hundred and forty y-three dol
lars and seventy-seven cents; and the county
of Gallatin paid the Sheriff of that county
from her treasury, the sum OF two thousand
six hundred and sevenry-oHe sdcllars and
fifty two cents; and the Clerk and Recorder
the sum of one thosand nine hundred and
forty-sseven dollars. These allowances are
III addition to tie fees paid the sherifs by
litigallts i'm civil causes; and those paid the
Recorder by individuals for recording instr,t
ments, and tor other services. The aggregate
debt OF these counties Is about ninety-seyeli
dollars and the debt of Galatin
County has increased seven thousand dollars
since the first day of Marcn, 1872. Pile
mount paid for salaries in these counties the
past year, reached tile enormous sum of
thirty-two thousand seven hundred and
thirty-six dollars and sixty-two cents. Can
these expenditures continue, and added to
these b large railroad debt, and disgraceiul'
bankruptcy be avoided?
Let this subject be considered in no SIP rit
Of hostility to raill Dads, for their benefits to
the people must be acknowledged by every
reasonable man; but will we not obtain the
benefits of i liue ot railroad thronghtlie Ter
ritory within q reasonable period, without
cost to the people? The progress heretofore
made In the construction Of the Northern
Pacific Railroad is an earnest OF its steady
md early advance into the settle ementssof the
Territory The Company has been engaged
IN the construction Of the road but little over
two seasons, and about five hundred miles are
now completed and in OPP ration. The Com-
pany ID reported to be in better financial
to day than at any time since its,
organization. Many OF the obstacles in the
.vo = If fh..s sale Of III bonds have heen re~