The Daily clarion. [volume] (Jackson, Miss.) 1866-1888, 1880-01-24

sntine Observation-Disclosures and Traders Debut Is
How $50 The frm and learned Judges Campbell Daniel
and Catron again the House
the Frendess Rouse Wall 40 and the Washington Union
vs. Rouse Wall 4S9 Chief Chase Judges Miller
Field dssened and denied the doctrine beg read their entire
! dissenting opinion.
Mr. Justice Miller delivering it, said:
THE Chief Justice Mr. Justice Field and myself do not
judgments the settled doctrine of this courhat
WILL in every affecting personal rights when by the
Judicial proceedings the matter is properly presented decide
whether law mpars the obligation of contracts and
does will declare such law Intellectual such purpose and is
also settled beyond controversy that the State Les ures
by the enactment of statutes make contracts which they cannot
impair by an subsequent
be conceded that such contracts far proecedby
the provisions Federal Constitution that change
the fundamental law of the State by the adoption of Const
tuition impair them though provisions that effect
are Incorporated in the new Constitution
1--WE also free to admit that one of the most beneficial pro-
visions of the Federal Constitution intending to secure private
rights is the one which protects contracts from the invasion OF
State legislation And that the in which this court has
sustained the Of individuals has done much restrain
State Legislatures where urged by the presence popular dscon
under the suhengs of great financial disturbances from
wise, well as unjust legislation.
In this class OF cases. the validity of the
clear and infringement OF it by the Legislature of State is
also the duty Of this court equally plain But must be
permitted that in deciding the first of these propositions
namely the validity of the contract this court has in ndg
mnt been times quick discover contract that might be
protected and slow perceive that which are claimed TO DO con-
by of of authority in those who
profess bind others This has been especially apparent in
gard made by the Legislature of States and by those
bodies whom in limited measure part OF the
legislative function been conhded In all such when the
validity denied the question of the of the
legislative body make it, necessarily arises for such bodies are
but agents and representatives of the greater political body
peopewho benefited injured by such contracts who
pay when anything be paid in such That
fairly made ought to be performed aproposon which
lies the basis of Judicial education and the strong de-
e of every well organized uicda mind That under the in
this feeling this have failed some instances
examine with Judgment fully opened to the question: into the
agents is to be regretted but the must be at
butcd those angs which lean to ventures side In
Judgment decisions Of this court relied upon here
elusive OF these belong the class of have de-
scribed
We de not believe that legislative body sitting under
constitution of the usual character, has right 10 SELL to
bargain dody powerhe taxing pocer Of the State This
power which modern political societies absolutely necessary
the continued existence of any such society While under
government the ancient chiefs heads of
might carry by owned by them personally
by the action of personal service from their subjects civilized
government has existed that did not depend taxation
in form, the continuance of that existence.
hold that any of the annual Legislatures by
tracts deprive the State forever of the of taxation to
hold that they destroy government wheh they appointed
seue and that their action in that regard strictly au
1t be maintained that this power to bargain away,
for an unlimited time the right taxation exists at all
limited reference the subject of taxation In all the discus
of this question in this Court and elsewhere such m
aton has been claimed If the Legislature can exempt per-
petuy one piece Of land exempt all land II 1t
empt all land it can exempt all other property We can as well
exempt persons corporations And hndrance be
principle adopted by the Court rich corporations Rail
be legislatures as tbe best NAV and with such appliances as il
they do use for perpetual exemption from all the bur-
dens Of supporting the government The result OF such princ
% under the growing tendency special and partial legislation
exempt the rich from taxation and cast all the burden
IQ The support Of government and me payment Of ITS DEB" on
those poor too houet purchase such immunity
With full respect the authority Of former decisions be-
long teaching habit Judges trained In the
Jurisprudence think that there be questions
touching power of Legislative bodies which be finally
closed Of Court and that theone have here
considered This We strengthened in this view
of the subject dissens from this doc
rne by predecessors that has received
the full this Court and referring these dssents for
elaborate defence of views content ourselves with
thus eneDag the protest against doctrine Which think must
A finally be Abandoned
But light of authority there is stronger view growing
police power the State against the doctrine OF Dart
mouth College than | have presented.
The police powers of the States not delegated 70 the Gen.
Government retained by the States and be
assumed by the National Government.
Ferilizing Co vs. Hyde Park, 81 u. s. 667.
Rores inter State Laws 227
II Cooley Const, STA.
L. s. vs. Dewitt, Wall, Al.
1t said difficult define with sharp precision what this
;, power is.
! Railroad Husen, 95 IT, S, 470
But it of the sovereign powers of the
Saethat of the very ESSENCE of government 1t said
by Justice Taney in the License Case How bSS that che
police powers Of nothing less than the powers
government sovereignty and
things within dominion And this definition or
the power s sustained by the authorities.
! Cooley Const, 572-576.
noI Mume VS.. Illinois, 81 IT, s., l24-l25.
Quoting language OF the Supreme Court in the leading case
e of Thop vs. Rutland Burlington Railroad Co., u W.T. 49,
delivering the opinion of the Supreme Court OF the United
lie States in Railroad Huseu 50 u s., ALL Mr. Justice Strong
said the police State extends the protection of
the lives limbs health comfort and quiet of all persons and the
protection all property within the State According to the
c ere tie ada which being of unver
application be within OF legislative
mode and in which