, 1874-04-03

Wo print this morning tho vioTB of Mr. James
P. Root, c1-County Attorney, who hos had long
o1lcial and personal experience IN township
government; and, according to Ills Judgment,
the latc act Of tho Legislature has loft tho 90
called Town .Donrds Of Chicago in singular
muddlo. Tho Rountroo net provided that, III
townB lying wholly within tho limits Of q city, no
taxes shall DO leyiod by tho town meeting. and
TINT all sums required for town o1penHos ahal
be ascortaiucd by tho County Board, and upon
their order bo extended by the County Clerk.
This law 11r Root considers unconstitutional,
because 1t delegates the power to Tux the poople
OF one municipality to the government OF
another municipality, md one not chosen by tho
people who aro to bo taxed. All taxes 1egied by
any corporate body muHt ha uniform within it's
Jurisdiction; but, under this law, tho County
Board would havo to levy rates difforont in all
the townst and different from tho rate Of county
taxcs. Therefore, the Rountreo act proposes
that Which is expressly prohibited By the state
Constitution.
It has been affirmed by the Suprema Court, In
various casea, TINT no one hut the corporate au-
thority Of tho municipality can levy taxes to bo
paid by tho people Of that municipality. This
WIS emphaticAl1y laid down In the Lincoln Park
case. The difficulties OF thiscasod do not, however,
end here. In the charter Of tho City Of Chi
cago OF 1868 it was declared that no tax should
DO collected BY tho town authorities in Wost CHI
cago, North Chicago. or South Chicago, for town
purposes, exceeding $1,000 year. subao-
! qucutly this WIS amended by increas~
| lug tho sum to S1,500 year. The Roun-
treo oct, in express terms, roonacta these provi-
| Bions Of tho city charter, aud makes them part
OF tho general Township low Of tho State. So
tint, by whomsoovor tho tux is lowed in either Of
tlegc towns, tho tax for town expenses cannot
exceed 81, 600 yoar in each town.
| On tho question who is to levy tho tux, Mr
Root finds no authority loft in any person. The
County Board cannot do So tor tho REASONS Civ
On. Tie Town Board cannot do 60. Tho poo
pie. ut tile town meeting, cannot vote tho tax,
because tho law giving them the powor Is ex-
prcssIy repealed. The result reachad, therefore,
is that, In tho multiplicity Of repeating and
amonoatory acts, all tint ia lott respecting tho
throo towns in tho City Of Chicago Is tho lim1ta-
tlon That tho tux for town purposes shall not
exceed 81 800 o year in each town; but tile
whole authority and machinery to lovy this tux
has boen abolished. BY tho statute the County
Board hns the authority, but, asthlsstatuteis is In
direct opposition to the provisions Of tho Consti-
tuition, any levy mado under it will DO illegal and
void. So, for 1874, aud until tlo Legislature cai
apply remedial legislation, there is no power
yested anywhere to levy any tay: for town pur.
poses In either Of tho thrco towns Of tlis city.
Apparently ignorant of thin now condition OF
things, tho bummora Of tho South Town met IN
convention yesterday, and there was scramble
for tho Offices. Tho prestmt Town Board ant
officers woro thrown over to mike room fol
othora, whom tho exorbitant salaries had madt
greedy Fortunately, tho g1ab can never bo re-
poatod. Tho Republicans hold convention
noxt Saturday, to nominate tiolot for th'
South Town, and it is to DO hoped with highe
purpose than that Which prompted tho men
= yeHtariav.