The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1875-02-18

osfr mon IL Constituency. This is IN gen
erai a sufficient security against enormous
and oppressive taxation. The people Of q
500. therefore, give to their government
the right Of taxing themselves and
their properly and as the eriqsneies
Of C0sslnmegt cannot h limited. they
prescribe no limit 60 the exercise of the
right, resting confidently on the interest Of
the Legislature, and the influence Of the
constituents over their represent stiyeg. 70
guard them against its abuse
In . Harris, 25s, 1Ir. Justice Gibson says:
IS postulate Of 4 State Constitution,
which distinguishes II from the FEDERAL,
that al the power Of the people Is dele
gated b. i, except such parts Of it as arc
specifically reserved, and the whole Or tbs
power, without exceptions, is vested IN the
constitutional dispensers Of the peoples
money. AS regards taxation, there - no
limitation Of It. Equality Of taxation .
not cnioined, probably because y was
known 20 Be fmpracticable.
Mr.. Speaker, Il IS the theory Of Bepub-
lican government that. taxes shall DC lald
equally, N proportion 70 the nature OF the
property, and, when collected, shall be APP
piled Only 70 purposes IN which the tax
PAYERS have an interest. But this isimpos-
ciety, and becomes more and more
dinicult il proportion as a higher
civilization diversifes the characters,
circumstances, and the pursuits OF q peo-
pic. "A Just and perfect system Of taxa
ton, says Chancellor Kent, SIS vet n de-
sideratum in civil government, y and j sup
pose, M, Speaker, ever viii be. Now, Mr..
Speaker, shall crave the Indulgence Of the
House Ia discussing the power Of taxation
for public highways-in other words. for
railways. The right to tax q viii premise
by snying) depends on the ultimate use, pur-
pose and object for which the fund Is
raised, and not on the nature or character OF
the person or corporation whose intermedi-
ate agency is 10 be used in applying it. II,
then, the building Of railway be public
affair, it makes no difference il the corpora
t1oa which has It in charge is private. Now
what says Judge Black in the discussion of
the subject. A railroad is public high
way for public benefit, and the right of the
corporation TO exact an uniform, reasonable
tell from those who pass over it does not
make It's use private one. The public have
an interest in such a road 'when it be-
longs 10 q corporation, as clearly as
they would have were it free, or
the tolls payable to the State, because
travel and transportation are cheapened
by it far exceeding al charges, and this adj
vantage the public has over aud above those
Of apiditY, comfort, convenience, increase
Of trade, opening Of markets, and other
means OF rewardIng labor and promoting
wealth. II is, therefore, the duty Of the
State TO mako such public improvements,
and Il isa grave error to suppose that the
duty Of a State stops with the establish
ment Of those institutions which are neces-
sary to the existence Of government; such
as those Tor the administration Of justice,
preservation Of the peace, schools, colleges
and institutions for the promotion of arts
and sciences, which, though not absolutely
necessary, are entitled to public patron
age enforced by law. 1t thus being the
duty Of the State to make such public inn
Provements, If she happens to be unable or
unwilling TO perform it herself to the full
extent desired, she may accept the yoIun-
tary assistance Of an individual or NUM-
Der Of individuals associated together and
Incorporated into o company. The COM
pany may be private, but the work they have
TO do q q private duty, and along with
the public duty there is delegated a sufii-
Gent share Of the sovereign power to per
form i. The right OF eminent domain IS
always given to such corporations. But
the right Of eminent domain cannot be
given for private purpose, and therefore
il q railroad, when made by corporation,
like tho buiiding OF a tavern, store or mill,
is q nero private enterprise, there never
was a constitutional charter given to an inn
provement company, and every taking of
land and materials under them was a fla
grant trespass. III tho making OF a railroad
Is public duty which the State may either
do entirely at public expense, or cause to
be done entirely by a private corporation,
Il follows that such work may be made
partly By the State and partly by corpora
ton and the people may be taxed for a
share Of It as rightfully as for the whole.
The corporation may be aided By an exer-
else Of tho power rs wen as with the right
Of eminent domain -.
shalt Row, Mr.. Speaker, direct my
argument TO another branch of this ques-
ton to which invite the attention Of the
House,
Section thirty two, article twelve, OF our
State Constitutiou, authorizes counties 10
aid ia tho construction of works of internal
improvement by the assessment and collec-
ton OF tax not to exceed two per cent.
for that purpose,
It IS held, Mr.. Speaker, by those who
oppose this bill, that by deiegating this
ReEer . counties, the State thereby inhib-
tied herself from the exercise of it. They
apply the maxim OF "erpreSsi0 URius est &c
ci1sio alierius, . and declare that the expires
sion Of one way Of assisting in works Of
internal imprOV egnents excludes every othel
way. Let Us ascertain if this argument WI
bear the pressure Of strict analysis. Sup
pose, Mr.. Speaker, that instead Of saying
ssc0untics, y the trainers Of the Constitution
had substituted the word cities. Would
this expression, II made IN favor OF cite.
only, exclude the power of aiding in tn.
construction of works Of internal Improve
mont from al towns, counties, and from thi
State itselfg Such view OF the effect o
the maxim Is simply absurd, Again, Mr.
Speaker, our Constitution declares that al
ohenses Of q less grade than felony ma,
Be prosecuted upon complaint unde
oath BY any peace officer or either
before any justice Of the peace, etc. (Sec
ton "a, article 8 Docs their expression
Of power to q justice OF the peace tax,
away the general jurisdiction Of the dis
trict courts to Try such casesl II thisbe SO,
sir then many thousands Of men sine,
the adoption Of our Constitution have, II
utter violation OF our organic law, beer
condemned, II their Interpretation be cor
rect. the courts OF this country have in ut
ter disreCard of the supreme law Of tbs
land, tlampled upon the rights Of the PEG
pie, ard t6e Judgments 81 them al, from
Red River 10 the Rio Gnnde, are absolutely
void 80 -
new proceed. Mr.. Speaker, 70 discuss
very briefly another point in this charter.
Il Il said that the delegation OF authority
% the Compfroller to levy tax IS uncon-
stitutonal, inasmneh as he is a component
part 81 The executive department Of the
government, and being representative Of
the executive department, the Legislature
cannot delegate to him their power 70
tax. Strictly speaking, sin, none OF
tia powers Of the government can be dele
gated, They are vested in coordinate de
partn,enfs . 81 exercised, and without
he rQht Of transfer. But there ana
executions u aha general rule. The leg.
ialatlrc may provide agencies through whom
q exercise he power Of taxation, and thai
a not rr,neFIr called a DELEGATION or trans