, 1874-11-22
TAXATION.

FN~r% tn AAN tRft
~ ,.s ..-s. e..-
'e1aeo T. 1'oos 4ee'uaoo yoe'oAua5 "e1
before the students Of the Law School on the
subject Of Eminent Domain, Special Assess-
nants e,c Fla snoke enbstantia1lv "A follows ::
- ~. r...-z.,ox,t - 49,. .ha
t"o po"eA - ."o A
property OF the cltHeo ls lnnerent ano aoso'u'o'
except far as it ia restrained BY Limitation i'm
rosed bv 4 written constitution or b7 custom
eo o,d rh,t tha naon,a will r;ea in rahollion when
:. ~ Wv =. 1890 ro 1,,,:o ax soas 49, -ro,a.d
=. 10 '4o4ate1- 49," pe"'1 49, ~. ~. t.s,~s. passsN
from grant, but ID OF the essence OF govern
ment. We cannot conceive it otherwise. except in
q state Of nature, where tho person ceases to be
citizen, aud acquires what t1e is aLle-holding
- ~...;~., <.~..
|"1 o"'1o ., p"set. 80
In the eaftaer history OF the "of1a tnts power
was absolute, and, II there we're any limitations,
they were self-imposed, and could DO revoked as
easi1v ns thcv wcre if1posed. but as iutellieence
1,a...a .,o~o ,,.na-., tha ,ao,,a hao., y, ;,s;s,
oe'o0 Ano'o se"e4"'' 49, reop.e ooaa ~ 1e'e'
upon some raehta Ano g1aouans mona'cos "e1e
Anited IN power William OF Normandy SET
himself up as government il England, abso-
luto as to authority, but bis succossors we're
cuitaled, and by means OF treaties, acts OF Par-
Naneats, war. and deposition OF aoVeregn8, tho
English people have a Constitution as binding as
our own LIE Government has been "hedged
about
TIE POWER OF TIE GOVERNMENT
~
FrsEThat which enables it to acquire
revenue by taxation.
SecoHd-I4at which enables it to acquire par
ticular property without conseut OF its owner.
aud is called eminent DOMAIN.
Taxation il that which requires every person
to contribute something to The support OF the
Government, whether he will or not. The Gov
crumeut has frat lien on all he has to the ex-
tent Of his share.
EMINENT DOMAIN
ia the taking Of land against tho will Of the
owner. II cannot be land generally. but must be
some particular parcel. Il must be for some
particular public purpose incident to Govern
ment-Bomsthng Of benefit to the people. The
occasion Of its exercise is to be determined by
the Government. This is political question,
and is sometimes known AZ the policy OF tho
Government. This is not question for the Ju-
dietary. Just compensation shall be made.
This is III express provision Of the ConBtltu-
ton.
It appears, then. as to this power:
'First-1t is inhercut in tia Government
Eeco,.d-lt must be for specific public pur-
pose.
Third-It must seek specific land.
AS has been stated, tie general rule ia that
the Government determines the necessity, but
case may be put SO dagrantly outrageous that
tho courts would be authorized to interfere,
Suppose it were in no sense for public purposo.
Suppose it vere to condemn lana for dairy
would it bo competent for the General Assembly
to declare it public purpose, and thereby make
itBo?
1t seems to ma that the sols rule is to ask
whether tho public or citizon would have
right Of action against the corporation for fall
in. or refusing to do the thing for which it Is
co1po1ated, as in case Of common carrier. or in
case OF toll road over which al persons may
travel!
In determining
: WHO MAJ EXERCISE TIE POWER,
we may safely esy:
Firsf-The State, for public buildings, high
wsys, or canals.
Second-such municipal corporations Is shall
improve roads, walks, uaras, and other improve
ments intended for the benefit Of the general
public.
Third-Buch corporations az arc organized for
private profit. but whose object is to benefit tue
public, as in case of railways and other common
car1iess. These latter are called qua-i public.
Mupcipa1 corporatious NAV be authorized
limits, and in such cases the Municipal Govern
meut can determine whom the necessity arisea
but the c!a8s Of improvements will be limited BY
tho organic law of tho corporation. Quasi
public corporations can only be authorized to
exercise tie power in the particular case an-
thorized-
THE NODE or PROCEDURE
is established By Law. Before the Court can pro-
coed it must appear that it has jurisdiction Of
the subject matter and the person.
F,rst-TLo corporation must appest to be su-
thorized.
Second-The uurpose must ba pnblic.
Th1rd-The particular iand must be designa-
ted. and ite owner brought into court.
FourA-That the petitioner is unable to seree
with the owner ~ to price, or that it canno; be
acquired ip aoy other mode.
in Illinois, BY the Constitution of 1870 the
compensation must be nscertained By Jury, and
by statute Of Illinois the benefits which NAV &C.
cfue to the owner by renson of the proposed I'M
Drovemcnt cannot be considered in redncine
his damages. In tie Congtitution Of 1870 tho
word "damaped" inserted. 80 that nriypto
property cnpnot be taken or adamsped1 with
ont iuss compensation. This ia q verv slv
amendment. The profesaiou hnYe not vel fuliY
determ1ned it's acope. it is probably iutended to
preyent railroad companies from occnpvin1
h,pbway7 tn thu iniurv of nrnnertv owners a.
perhans to comnel the citv to NV nronerty nrn-
era tha dnmane thev snfyar whan tha oTada NJ a
straat ia ra;sad e~~o
r.v
:. ~. sh.~. ~ ~. o;t.a-, v,;oh =. ;s -or,,;-oa
- non+-,hrte =, H. annnn-t ~ 10 Ea1a-n4ant
Ths srthori+v - inry ~ 10 rr;nc;,,1no n-,o-,
..t;,, - +; 1a;od 49, ~ - - ap1ioa.i"
49, .'s I.a5as 80 I 81. ~. Taa,;t.;a -. 10
~ VIII ~ ~ ~ rn, no ~ .s ~ -. 80 =; ~