The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1874-12-10
NO. 81,

fif'''Gs>, lilcll tc StTtLcllc condition OF the
finances and the demands Of practical econo-
my should arrest it, The legislation of each
session includes great mass of separate acts;
affecting only particular individuals or locali-
ties OF interests. and providing special relief in
each several Case of continually recurring pri-
waite and local grievance. All such eases ard
easily distributed into classes, and all coald b,
covered by Il few brief general laws. which
would more widely and elftctlrally relieve sucli
particular grievances us they arisc-tlllls fore
SAILING tile necessity for special legislation
thereafter. The practice. which now prevails:
encllnbers the annual Sas SONS Acts will, II
great amount OF private and particular lcyisla-
tioh, as devoid OF general interest us the min
ttes OF Il local cotlrt it engrosses :: large Dor
ton OF the time OF each session; it erroneol,sly
Increases tue public printing, besides imposing
oth1r serious burtiles on the treasury: il in
ouccs many persons to look to the Legislative
department i'll the lSh. of judicial tribunal ami
to besiege it with applications for the hearing
and correction of particular causes and priey-
ances, While the terms of the special acts ar,
often effectively and even mischicrously f,sm-
cd because hurredly enacted
A yet greater evil OF the SYSTEMS to be found
IL the legislative habit of granting almost in
discriminate charters OF Incorporation. rhos,
who engage in reckless or even perilicio,is
schemes OF Investment or speculation, and who
are unwilling to render their privates estates
| liable for the consequences of their ventures,
OF en- seek Characters for the purpose, not SIS
! M lcl OF securing their gains in success, as OF
screening themselves from liability in case OF
ia lure In many cases the charters clothc TIL.
corporations with privileges and immllntic,
which are denied co the body of the people
The corporations have perpetual life and con.
ii lie Indefinitely to accumulate wealth an
strength, until iilllly they threa en- to owe,
siatlo" the power of the State. Under IL gov
eminent w.i!c.l forbid; orders OF nobility AMI
privileged classes, Wills: has forever abolished
priinogeniturc and the rntaliiig of estates, sc'f
special Charters invade its fundamental prirci.
pies airi It's safety as we'll sap its purity
| The genius OF .ime1icln institutions forbid.
any such llitermeuin@ in the affairs of society
rs creates or fosters mOnopoeS, aggrsindizts
privileged classes or unnecesslrilyo or llncqlllly
restrains Individual freedom. What is don:
should be done by general law-open to all.
without distlnction-so that every citizen NAV
b. alike i.tere stcd in its passage, and all niay
equally avail themselves of whatever privileges
| it coMf.rs.
| TIE GOVERNMENT OF CITIES AND TOWNS.
| II this coancc: ion--as illustrating the evils
| OF the system just mentioned, and touching IN
| terests OF very great and general Importance
| recall to your attention the bill ito amend al
| act to incorporate the Potomac Land snd I'm.
proVelncnt company. passed February II. 1873"
which passed the General Assembly at the last
session Oh the eve OF its final adournnlcllt and
from which withheld my approval for reasons
that could not then, for want OF time, bC COM
| municateu to the house n which it originated.
The bill set apart territory, said to contain
several Thousand acres and including the town
OF fotonaG; constituted IT. u separate scfoO!
district and separate road district declared tho
single proprietor. and such others rs might BE-
associated with him as share or stockholders, q
body corporate and polite. with perpetual Sic
coSSlOn: cmDOyore1 board If .lirnc ci,oSp,}
BY the stockholders. to appoint at their .liscrc-
ton all officers and agents fol- the management.
of the personal and real estate OF the corpora
ton, and to fix their compensation; empowered
board OF control, chosen iii like manner, to
appoint assessor, collector, secretary and
| fix the compensation OF each; vested hi Tie aus
thorities thus created the entire government Of
| the town and district. and authorized tlleri
with the proceeds OF taxes imposed and coller
ted with the consent OF 4 majority OF the stock
| holders, to lay out and construct public bll7
lin,s. parks, squares, cemeteries, water ami
| gas works. sewers. docks. wh:irves and piers.
and al the other improvements, ornamental
and convenient, of Il tirSt-class city. The bill
not only mlke5 no provision for protecting tho
rights OF person or property of those present
and future citizens OF the town and district
who may not be included in the favored class
OF stockholders. but it completely ignores their
rights and d bar; them from any Voice Or par
| tcipation in their own municipal government.
1t goes Further. and in effect, constitutes the
| town and district q separate INDEPENDENCE or
| princpal.ty within the body Of the Common
| wealth, and vests is government in privc-
| gcd class who are virtually clothed with the
prerogatives Of an oligarchy.
| The bill seems to be based on the til cory,
| which is advocated by some, that, i'll framing
| charters or governments for local or municipal
communities, the Legislature has absolute pow
| er to limit or extend them at will. The theu7
1 Il
governments have no rights Hereunder but
such as may be conferred by Legislative char
| ter; that although the powers granted are to
| govern interests of taxation property and per-
sonal liberty, they may be withheld from Il: y
portion, or even from the body pf the people ~
| be governed, and may be vested exclusively in
such designated or privileged class IT'S shall b.
prescribed at the legislative discretion. It a.,
sum es that every right-eycn the highest and
most sacred rights-of any and all persons liv7
I ing within the limits of a municipality, are moi
| only outside the principles OF self-@nyerllnent
are not only bey nd the operation Of the bill OF
rights, but may be irresponsibly and absolute
ly governed by wi atceer power shall be set
over them by legiS at.ve prescription. If thu.
| legislative power OF cnacting charters is unnl-
tcd-if the principles of the bill OF rights, d.
not restrain the exercise of that power, and elo5
not apply tt tue relations cf the citizen to his
municpl IL government. then the cltrter of 81
t. WI or district MAY clothe its government With
unlimited powers; then the chartered allt!lori-
| ty may be such Us can not merely subj ct the
citizens to taxation without Representation,
and without limit: it may Tot only ippropri;i.e
their property to public uses without conipen-
sation; it MAY not only he authorized to deny
them the right OF trial by Jury when charged
with crime, but it may be clothed with suc:s
other powers over municipal limits lis Would
max. it :, deSpotis,n within the heart of Il re-
public. ii such theory is tr!lt, it needs but
to slb-diyitle the state into municipalities in or
der to deprive the body of the people Of all
rights,
Such doctrines s!,bycrt every principle OF
free government. 1t has been well said that the
bill OF rights bears the same relation to til:
body of the constitution us the soul to the Ill-
man body 1t so psrnleates the constitution
and all the powers OF the government, that cv-
cry legislative act. whether intended to apply
to the whole people Or Il portion, any oeof
Them, must be enacted i'll It's spirit, ana III sub
lection to its restraints. Tie inherent ljoltt-
cal. personal and property rights defined il,
the Bill Of rights, are guaranteed To the Who'll.
boly of the people, and no subdivision, class
and Individual OF them. They are guaranteed
sainst the invasion BY any governments eiril-
er state or local, or by any .departm mt ofli
Ger OF either government. The entire sovcr-
eig;l pow CT OF the people themselves cannot
del RE Il portion Or any individual OF lhcr
number of any of those rights, except for crime