Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1875-02-17

parlukcS more OF uemaBOglsm tnan
craftsmanship. Where the public has
furnished q sufficient tribunal of jus
tice wherein all mems rights may be
: carefully considered and determined
: in court of the most approved char
acter, trial of facts by their peers
and Of law by an impartial and learned
{ Judge, the demands of justice are salts
fed. Then the public have a right to
an end Of litigation and of expense
One of the oldest maxims Of public
right and expedency is that-"Iatr-
est repuJiicae, ut SIT fnis tetrtm.
The argument that man is enti-
tied to a second hearing can logically
: be used to demand a third. The in
terest of the public are higher than
} those Of individuals, and hence there
must be limit at which the right to
consume tho public time and money
must cease,
This Limitation falls on the rich and
} poor alike, and no man, rich or poor,
, has right to litigate at bis pleasure.
II is an assumption untrue in fact that
errors are frequent. The large pre-
ponderance of judgments affirmed in
the supreme court disproves the asser-
ton.
The proportion Of causes affirmed
to those reversed in the year 1864 was
seventy-seven per cent or over three
fourths (D.
Another subject Of notice is found
in the twenty-second section of
the third article. Municipal debts
should not be the subject of invest
ment by executors, administrators,
guardians or trustees. Such legisla-
ton is sometimes procured to make
the bonds of small cities saleabe. 1t
is doubtful whether the bonds of such
cities as Philadelphia and Pittsburgh
should be made so. The moneys of
widows orphans, infants, the insane
and Others under disability should not
be venthred upon the uncertain waves
of city politics orplans,
The fourth section of the eighth
article relating to elections was much
discussed Time has not yet tested
the utility of the amendments in this
section. From information we have
reason to believe there are places
where the numbering of the ballots has
been omitted This raises serious
question how far the omission will
invalidate the entire poll. The requis-
ition is both q constitutional and a
mandatory one. We simply call at.
tcntion TO this 1t is said also that
frauds are easily perpetrated, by sub
stituting ballots in handling them for
numbering.
Another subject and one of para
mount Importance is the first section
of the ninth article, as to taxation and
finance. A practical question has al
ready risen in the city of Pittsburgh,
to wit: What is constitutional uniform
dy9 1t was fully argued last October,
and so difficult is it the supreme court
has ordered a re-argument. The sec
ton declares that "all taxes shall be
uniform, upon the same class of sub
iects within the territorial limits OF the
authority levying the tax, and shall
be levied and collected under general
laws"
1t VIII be observed 1t Is taxes (the
thing levied), not taxation (or the sys-
tenn that snail DC unliorm--oi one
form. Does this mean it shall be
rate q dd rdioTem, or certain sum on
specific articles2 Theuniiormity must
relate TO the same class oil subjects
wltnin certain territorial limits.
linus the power oil classliication OIL
SUBJECTS IN gwen territories is retained.
Oah the legislature impose rate on
one class ana a sp'ecliie sum on the ar
ucles oil another class Again, take
gwen territory, say the Guy OF fhiia,
uelpnla, containing poth Wodh ana
rwdt properly, may inc elty (the au-
'nority leVying the TAX impose rate
Oh .nree nilliS on urban ana TWO mllls
on rural properly A. UNIFORM taxes
mean equalty OF ourthen "a more M |
uenhlte l1ea ana yet inc Prooaoic
'hought oi the GohVentiohl inc prop |
erty having the oenent oil pavements,
water, gas hre department sewerage, /
ponce, ready access to stores, markets
ana places oil business and public resort,
should Dear higher rate OF tax than
rural property devoid oil these. But Is
II UNIFORM TO lay, one tax OF two mills
and another Of three mills ON real es-
Iaao5 a wInn thnio inc Mnne same territorial %s
imposed by general laws. AS n prac-
tical question, how is it possible for the
Assembly SO TO legislate in view of tho
different territorial limits, the multi
tude and the infinite variety of the
subjects of taxation2 Again. do uni.
form taxes, il equality of burthen be
its meaning, require every subject to
be taxed As surface thought mi-l
form taxes is a pleasant one but lot
any one sit down TO the practical test
of drawing n general act. which will
levy uniform taxes, and he will find
himself unable at the very start TO de-
fine .uniform taxes Unless he can
so define, as to give il n practical ap.
plication to the different subjects of
taxation, he fails TO furnish guide for
legislation. This brings into view the
next difficulty, to wit, isauniiorm taxes
judicial question, or legislative only ?
If judicial then every tax law can be
brought before the courts, and proba-
bly, no law will ever stand the tcst of
critical examination. Perhaps We hovo
now sald enough 10 invite me atten-
uon oi the Legislature ana the people
TO TINS most uilicult subject II
we also invite your attention 10 me
thirteenth article relating 70 new coun u
ues' IL rs perhaps = question whetner
the provisions OF THIS article are an