, 1874-06-08
MICHIGAN. EAILRoAD:Ailp' LAW.
Declaration Of Its Constitutionality by tho
United States Supreme Court.

""Ae0N NeAIeo NuIAtIAu UVuIts
The Opinion Of the Court in Full.
~ -: .-,, . - y.
UNFTmEn m a1ATEa surnEs.E Counr, octobor Term, 1878
Lno I9wnshil, Of Plho Grove, Plaintiff III Error,
tuW9rn " Ialcolt--1n Error 10 thu Circuit Court nf
tho untcd stAea for tho Western District Of Achi-
.A Ban.r
Justice swayno delivered the opinion Of Tho
court ,"s'
THIS ia d writ OF orror to The Circuit Conr. OF
the United staioa for tho Wostorn District Of
Michigan. Tho faots OF tho case nro few and un.
a1spntcd, and tho legal question presented has
boon aettlol by this Court.
Or. tho 22d OF March, 1868, tho Legislature Of
Michigan passed IN net entitled An net to
enable any township, city, or village to ptedge
its aid, by loan or donatfon, to any raroad COM
pany now cllartorod or organlzed uutlor aud By
virtue Of the laws Of the State of Michigan In
the construction of its road"
=, Inc plaint!n In error was the defendant In
county Of Van Duron, In Michigan.
THE CASE MADE ny THE DECLARATION
is as follows: s.''.'ss
The Kalamazoo b South Haven Railroad
Company Ia a corporation orgaaixod rntlor tho
strnctton Of railroad from tho Village Of 1zala-
mnzoo 70 tho Village OF Houth Havof,, In that
State. Tho limo Of, its proposed route pasted
throush tho Township OF Pine Grove. Pursuant
to the act OF tho Legislature before mentioned,
meotng Of tho electors Of tho township was
called to vote upon tho proposition whether the
township ehould, IN gid Of the, construction Of
to the amount OF s12 900, benring interest at tic
rate OF 10 per cent per annum, ono-sixth Of tho
principal to bo payable at tho end Of each sue
coeding year, from March /, 1870 until tle
WHOLE s amornt vas Paid; the interest to be pay;
for tho proposition. aud tho bonds wcro Issued.
They bore dasc june !, 1869. The plaintiff, Tai
oott, was q holder and owner OF part OF tho
bonds aud coupons. They arc described in the
filed demurrer: It was oyorruled-by tho Court;
and the township olocttng to stand by it, iud4-
mont Haa glvon for the plaintiff. The township
thereupon sued out this writ OF error. aud hns
thus brought tho oano before this Court for re-
=. 1t is not alleged that Tho bonds were not IT,
sued in conformity to tho act, nor that there has
neen any want Of good faith on the part Of the
cott, was not 4 bona-iit1o holder. But DIT It has M
beon argnod TINT the act Of the Legislature was
void. This presents the :,
ONLY QUESTION IN THE, CASE,
And II ia fundamental. Il tho. foundation fails.
the entire suparstruoture, reared upon it must
fall. 1t iB enid that tho net iB IN conflict with
tho Constitution of the State.
/ 1t is an axiom In American Jurisprudence that
q okAtuto ID Aot 10 10 pronounced fo1l upon ILLS
ground unless the ropugnanoy to tile Conssitu-
ton 1o olcar, mud tho conclusion that exists i'll
evitablo. Every doubt il to bo resolved In aup-
port OF tho onaotment Tho particular clause OF
so ~ mnes 10 specified ana tho act
with it's moaning. Tho judicial function in
volving ssc!a o result Ia one OF dolicacy, and to
be. oxercised always with caution 7toi;cheu =.
i'd. $40; People .. AfahaHy, ID ID, 4s9j. It
must DO admitted that the Constitution In quss-
ton contains nothing directly adverse upon tho
subject, But we have heon referred In this
10 soeoa ass" e K9s Fe''so1s d.
cares that "No person., in any crimi~
nal case, shall be compelled i to bo a
witness agaluss himself, or be depriped Of
la,o" Hsro thoro ia 10 inpatation ef aan crime. :.
The clauao is confined to Judicial proceedings,
Art: IA, Clnusos Q, 8, aud o, provides that tho
credit Of tue State shall not DO Interested III the
stock Of any corporation; and that tho State
shall not subscribe to, sor be Interested In, any
work Of internal Improvement, Or engage in car
rying on any such wolk, except IN tie expendi-
tuIe Of grants + t. tho state ot land or other
not the State, that is concerned. = =.
T.. "a - THE STATE HAS DONE NOTHING, ;. ,
and is in no wise liable. ,.,
. The present Constitution was adopted in the
VolvinR the same princ1pie with the ono here in
Congress, by tho oct Of Juno 8, 1866, ii STAT. 81,
granted largo Quantity Of land to Michigan, to
ba used III mid Of tho construction OF railroads.
THIS land was appropriated by tho State to soy
visions Of tho act Otter companies wero
subsequently. aided In tho Same way. In 1868
began Borles Of special Legislative acts author
izfng the municipal .subdl7iaons Of The sfato
named therein to givo their aid respectively to
the &extont and in the manner described. Do- i
tween that time and the year 1860 thirty such
statutes we're onaeted. In thu, latter year tho
u question wore issued: This summary 1T. shows shows
the understanding in tho Legislature; and out
Of 1t, in the State TINT .thoso was no constitu-
tional prohibition against such Legislation: : It
nstanes na aoa3 ~ d. Il aa n sys5 r.
The 'case as to tho Constitution is a PROPER
one for tho application Of the maxim, Erpressto
1n.us ost ercsus'o aaerfus, The instrument Ia
drawn with ability, care, md fulness OF details
the granting Of such did by the municipal cor
porations Of tic State, IA woll aB by tic State
1tsoif, 4 oan1osi be that they would not hAvo /
explicitly said ao., s,+,: ~
: a.. IT. is NOT TO DE arpposEp L.. ;.
that: such a gap waB loft in their work from |
overnight or inndYertouco. =.
, Tho 11th Olauee ot tho aame article declares
tl,nt tho :Legislatare shall provide q uniform
specific taxes aud that taxes shall be levied
upon auch property, as shall bo prescribed by
law: Tho object Of this provision was 10 pre-
vont unjust determinations. It prevents prop
erty from'being classified, and taxed as classed,
BY different rules. AL kinds Of property must
bo. taxed uniformly, Or bo entirely exempt. Tho
uniformity must DO oo-o1tensiYe with tho terri-1
tory to which tho tax applies. II atato tax, it
must ho uniform MI over the State, II county
or city tax, 1t must be uniform throughout sucEs
county or city Gilman =. die City Of sShe6oygan,
2 Hack, 614). But tho rulo does not require
that taxes for the samo purpose stlall be imposed
iu difroront territorial subdivisions.
=, -. ' Attic SAME TIaE.
II 40, county could not levy tax to build
courthouse, Jail, or intirmary, without render
Ing it necessary Tor every olhor county in tho
gtat9 to Do tue Sumo thing. without rofareneo to
hero one township through which tho railroad
was to paaa, expecting to bo largely bo,,ofted
BY ita construction. might give its bonds and