The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-04-17
COLD COMFORT.

| The Pcayune calls attention to recent de-
cision Of the Supreme Court In suit brought
by the State of Illinois to enforce a tax I'M
posed under the State laws on certain prop
erty belonging to the Northwestern Univer-
sity an institution Incorporated by the Leg
islature Of the State. The account given In
the PIC is from the Chicago Times and is,
briefly, as follows: The Northwestern Uni
versity was incorporated by the Illinois Leg
islature under the constitution of 1s4s,
which authorized that body to exempt
from taxation such property as it
might "deem necessary for school, charitable
and religious purposes" In the charter, 1t
was provided, that call property owned by
the university should be forever free from tax
alton for any and all purposes" Subsequent
to the granting OF this charter the State
framed new constitution, In which it was
provided that only such property as was
fused exclusively for such purposes should
be exempt from taxation, and under law,
framed in accordance with the new constltu-
ton, the State imposed a tax upon all
property held by the university for pur-
poses Of revenue. The university resisted
the enforcement of the tax, on the ground
tion of a contract created in its charter. The
Supreme Court of the State decided against
the university, whereupon the case was taken
to the Supreme Court of the United States,
| by arrM of error from the State court. The
Supreme Court of the United States reversed
the decision OF the State court and declared
that the provision in the charter OF the uni
versity exempting all its property from tax
alton was OF the nature of contract, and
the privileges and immunities conferred
could not be taken away, either by consti-
/ tutional convention or legislature.
The Chicago Times was very justly indig-
nant at this invasion OF the States sovereign
ty and the extraordinary construction by
which mere privileges and mmunities,
granted from motives Of public policy of q
purely transient character, are given the force
and effect OF contracts which the State Is for
hidden to rescind. The Pie, true to Its
weaker nature, drifts off into slush about
the obligations of contracts and "the re-
sponsibilities of vested rights" and wants to
know if the Times Indignation twill push
that eminent journal into the embraces of re-
pudiation."
Il We understand this covert allusion of the
PICS, but If the bondholders Of Louisiana
propose to take any consolation to them.
selves from this decision they will be sadly
disappointed in the end. It is not necessary
in N aking our point to discuss the merits Of
this decision. Whether the decision of the
Supreme Court Of the United States was just
or unjust, the case was properly brought be-
fore that tribunal, and was clearly one Ii
which it had jurisdiction. The suit was
!: brought by the State, and originated In al
attempt to enforce in a State court Law
OF the State. The defendant, to wit, the
university, pleaded the unconstitution
atty of the act, and invoked the protection
Of the Federal constitution. The plea was
overruled In the State court, and, under thu
universally accepted rules of law and plead
ing, the case was carried to the Supreme
Court Of the United States. Had the STATE
court sustained the plea or had the suit beer
brought by the university to restraint thu
State from enforcing the law, or to recover
money paid in error, the Federal courts
would have declined jurisdiction, and tn,
case could not have been brought before them
J There Is not one word nor one intimatioI