The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1878-02-27

Sect on nine cen -eeAs 70 10 by insii ectio
that which cannot be dune bv dir c. mean
wiihou violating the Coastitu ion. Il pro
YideS that in consideration of the henefil
which viii inure TO the lands In the Distrie
and which will accrue 20 the State at iarg,
all State taxes whch shall or may arise. 0
be ass ed upon any lands embraced In sal
/ District viii the period of ten years from
aud after the passage of this Act BE-. an
the same are hereby appropriated, assigned
/ and set over TO said Levee Board tor tn
/ uses aud purposes for which said Board
created. IL further authorizes and empOw
/ er- the Board of Supervisors of CoAhom,
county % aDpro pirate all county taxes arts
ing ia said District during the said ter
years, 70 the building and repairing OF sale
ievees. l certainly need not dwell upon
! these provisions in order TO point out to you
/ their great Obj ctions They virtually ex
/ empt all the lands in the District, from all
State and county taxes tor ten years.
/ Section 70, Attic g XII of the Con~titu-
/ ton declares thus: Taxation shall be
/ equal and uniform throughout the state
aud that all property shall be take in pro-
portion TO lis value, 10 be 9scertained a
directed by law" Should tn: bill under
consideration become law. the lands in
the control of the Levee Board of Huber
ton Bud" would be absolutely exempt
from the payment OF all State taxes. There
| is no Off -er designated to collect the taxes
| "Ehich may arise or be assessed in the
District; no officer authorized to make d
settlement on account OF them. ALI the
taxes are 'appro priated, assigned, and set
over TO the Eevee Board OF HUI berton
Bend" IN consideration of work done upon
the levees with funds raised from special
taxes upon the products. II is the evident
intention of the bill TO require that no State
and county taxes whatever, shall be id in
the District
1t may be claimed that section nineteen
makes an absolute appropriation of the
taxes to the pard- and is not therefore, in
violation of the section of the CONSTITUTE N
above quoted. | DO not think that this
position can be maintained, nor that it is
wi hin tAe power Of the Legisl tture to
make an appropriation of this charac tel
But even viewed in this light of l"giSla-
tive APPROPRIATION OF money, and cOnceding
the power of the Legislature to make it,
the provision i unconstitutional and absO-
luteIy null and void.
Section IA, Article ", of the Constitution
requires that the yeas and nays shall tie en-
cred upon the journal of each house ION
the passage of a bill appropriatiHg money"
An examination will show that the yeas
and nays were not called nor entered upon
The Journal OF either house of the Le9isla-
tnre, wh'n House bill pa was put upon its
Ias-tge.
Blu aside from ether cbn>i.lrrations, OBJ
Jet 10 linus- bill pa, beraus.' | telieve that
ti3e provisions of sectio 10 are contrary to
public policy ace begin to appropriate,
assign and SET over" 10 u cou sCV Or any pOr-
liOa of a county, ali the Stitp aud county
tx that may arise or be a-se- ed therein
I, ru term of earS,"r even tor enc year, sin
con liberation of TIN b ~, fl 5 wiIich will in
ar. t. To the public lands, and " hich will
acc ne 10 the State It llrg1," by reason OF
the county. or 4 potion OF Tn" OIuty un-
d-rtakiug u build a levce. or any other pub
lie work, and there will BE- 20 limit To APP
p .icatiOrs from counties and towns, asking
AL State and county taXys" shall be cap
proprilted. as>Sgned an / s Il OVER to them
in consideration OF heir building any pub
lie work which will cause ben. IS 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 eve y
county, should be required to bear its share
of the burdens OF government, and there
should be no exem ptions or distinctions
HardshipS may result in some instances.
and taxes may bear more heavily upon
some localities than upon others. Better
that such should be the case than chat such
a precedent should be established as is con
tanned in section nineteen OF the bill here
with returned.
For these reasons, which [ need not fur
ther dwell upon, l respectfully return the
bill for your reconsideration.
j. N STONE, Governor.
Mr.. Reid of COahoma, moved to recOnsid-
er the vote passing the bill. Carried. Mr..
Rid of Coahoml l, then moved TO puF the
Till uDnn its tenssa go. sI.s Co-o-.o-'s oDJeC-
lions notwithsIa nding, and the bill passed
YEAs-Hessrs. Allen, Applewhite, Au-
gustus, Bailey, Baker, Ballard, Bean,
Brown, Bunch, Causey, CT amberlaiu. Cook,
Dabney, Davidson. Day, Denham, Dockery,
Dozier, Eaton, Edwards, Erwin, Field, Glib
son, Gimer, Glass, Goodrum, Gordon,
Hampton, Hatch, Heathman, Henry, Hill,
Hogin, Hurt, Key. Lewis. Lusk, Marshall
of Marshall of Warren Mckenzie.
McSwinp, McWhorter, Nets. Miller OF Co.
piah, Montgomery of Oktibbeha, Moody,
Neilson, Niles, Num-, Pegram, Perkins,
Rainey, Reid OF COahoma, Redt cad, Rich
ardson, Seabrook, Stands, Smith, Spight,
Showers, Trest, Tucker, Wall. Washington.
Wilson. Wool, Young of Calhoun anu Mr..
Speaker-6S.
NAYs-M~ssrs. Aldrich, Ba, set, Bird, Car
ter, Catchings Cooper, Cunningham of
Marshall, Dean. Farley, Gallagher, Ghol-
shall of Holmes, Medium, Mclean, Mont
gomery of Marshall, Parker, Reed of ChOc-
taw, ROane, Roberts, Scott, Spinks, Stamper,
Street, TisOn, Warren and Young of Pamela
-29.
ABSENT and not Voting-Messrs. Bizzell,
Cameron, Clay, Cunningham of Monroe,
Farmer, Ford. Hall, Hicks of Kinds, Hicks
of Yazoo. Liddell. Love, Magee of Franklin,
Martin, McGehee of Wilkinson, Miller OF
Pamela Moore. Pintard, Ramsey, Robinson,
Seal Tarver and Whitaker-l9.
Mr.. Gibson, chairman. reported the proper
enrolment of number of bills.
Mr.. Bird, chairman reported the proper
of one bill
II. 3. to encourage the building of the
ship Island, Ripley and Kentucky Railroad.
Mr. Spieht offered an amendment, which
was adopted. Mr.. Pegaam moved to strike
out the 81 section. Mr.. Spight moved to
table. Carried. Yeas, 40; nays, IS; absent,
80. Mr.. Sprght moved to place the bill on
its final passage, and called the previous
question, which was ordered and the bill
passed. Yeas, so; nays, 30; absent, 80.
Mr.. Spight moved to reconsider the vote
and to table the motion. Carried.
At 80, the House adjourned.