The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1878-02-21

M. Reid OF Colhoma. called up II. B. TO |
reclaim TO the State ami from overfi Nv Ger
rain land, with the Governors message.
Tie message Was "a follows.
EXECUTIVE OFFICE, ! |
JACKSON, Miss, February 20, 1875
To the House of Representatives
GENTLEMEN L herewith return, without
my approval House Bill IA, an Act to re-
claim 10 the State, and from overflow, GER
tain lands herein described.
The bill provides for the creation of a
Board OF Levee Comm issioncrs in the Coun
tv of Coahoma, to be styled 1.-The Levee
Board of HulberIon Bend" The District
to be within the jurisdiction OF the Board
consists of some 80 900 er 10000 acres OF
land. The bill gives TO the Board absolute
control of the District. and provides for the
assessment, collection and disbursement
of >pecial taxes i'm posed for levee purposes
There are many Objectionable features in
the bill, which consCrain me to withhold
from il my approval. These objections are
so patent TO my mind, that it seems a
simple mention OF them is alone necessary
to cause its reconsideration.
section eight levies a tax upon the cot
ton and corn raised upon The land in
the District, said tax to be expended
upon the levees located in is linn
its--Said tax is to be levied and
collected by the first day of September of
each year, for the period of ten years. To
secure the payment of this tax, said section
not only creates Il prior lien on the cotton
and corn So raised, but also on all the land
on which the same is grown.
This stringent provision will work great
I'M nstice. | need not point out the manner
in which this may be done. You will agree
with me that to create prior lien on
lands for nom payment of taxes assessed
upon all cotton and corn raised upon them,
will result in graf wrong t. the owners of
the land. lie is not just or ghJ TO cause the
n of
lance on the part of the Tax Collector, or
for want of honesty on tue part of the ten
ants who cultivate the lands.
Section fifteen provides that a decree for
the charges and assessments made by the
Board, ''shall be a lien preferred to a other
leins and incum brances on the property" OF
those who shall have failed or refused TO
pay such charges aud assessments. This
provision Is unnecessarily harsh and exact
ing and vests In the Board power which
should not be conferred Many OF the rem
edi1s provided in the bill are, in my opinion,
in violation of the Constitution, and nOta-
bly, among these, is the remedy just men
toned.
Sect on nine cen seeks to do by indrectiOn
that which cannot be q ne by direct means,
without violating the Constitution. 1t pro-
yides that in consideration of the benefits
which will inure TO the lands in the District,
and which will accrue 20 the State at la rgr,
be ass ssed upon any lands embraced in said
District within the period of ten years from
and after the passage of this Act. be, aud
the same are hereby appropriated, assigned
and set over to said Levee Board for the
uses and purposes for which said Board is
created. 1t further authorizes and empow-
ers the Board of Supervisors of Coahoma
county to appropriate all county taxes arts
ing in said District during the said ten
years, to the building and repairing of said
levees. l certainly need not dwell upon
these provisions in order to point out to you
their great objections, They virtually eX
empt all the lands in the District, from all
State and county taxes for ten years.
Section 20, Article XII. of the Constitu-
ton declares thus: Taxation shall be
equal and uniform throughout the State,
and that all property shall be taxed in pro-
portion to its value, to be ascertained as
directed by law" Should the bill under
consideration become law, the lands in
the control of the Levee Board of 'Hulber-
ton Bend" would be absolutely exempt
from the payment of all State taxes. There
is no officer designated to collect the taxes
"which may arise or be assessed in the
District; no officer authorized to make
settlement on account of them. ALI the
taxes are appropriated, assigned, and set
over to the Levee Board of Hulberton
Bend" IN consideration of work done upon
the levees with funds raised from special
|
intention of the bill to require that no State
and county taxes whatever, shall be paid in
| the District
| II may be claimed that section nineteen
makes an absolute appropriation of the
taxes to the Board, and is not therefore, in
| violation of the section of the Constitution
above quoted. l do not think that this
position can be maintained, nor that it is
within the power Of the Leg islature to
make an appropriation of this character.
| But even viewed in this light of a legisla
tive appreciation Of money, and cOnceding
the power of the Legislature to make it,
| the provision is unconstitutional and absO
lutely null and void.
| Section Ia, Article ", of the Constitution
| requires that the yeas and nays shall be en-
tered upon the journal OF each house ION
| the passage of bill apprOpriating money"
An examination will show that the yeas
| and nays were not called nor entered upon
| the journal of either house of the Legisla-
ture, when House bill pa was put upon its
| passage.
But aside from other considerations, OBJ
ject to House bill pa, because [ believe that
| the provisions Of section 10 are contrary to
public policy. Once begin to ''appropriate
assign and set over" to a county or any pOr-
| ton of county, all the State and county
taxes that may arise or be assessed therein
| for term Ofyears or even for one year, Gin
consideration of the benefits which will in
ure 10 10 Tue puoIlc laHuS, anu WHICH VIII
accrue to the State at urge" by reason of
! the county, or portion of the county I'M
dertaking to build a levee, or any other pub
| lie work, and there will be 10 limit to APP
| plications from counties and towns. asking
call State and county taxes" shall be cap
| propriated, assigned and s.t over'' to them
in consideration of their building any pub
lie work which will cause benefits to sac
crue to the State at large" OF course the
Legislature may refuse to grant the appro-
priatiOn, and doubtless would. Every
county, every species of taxable property in
every county, and in all portions of every
county, should be required to bear its share
should be no exemptions or distinctions
Hardships may result in some instances,
and taxes may bear more heavily upon
some localities than nn0n others Rattar