Sharp County record., 1880-08-19
MISSTATING THE ISSUE.

the leading reputation organs Vi
the state, makes the following argu-
mcnt in support Of the amendment;
every few letters of inquiry are ever
written bv those wanting to come to our
state to settle but what make the inquiry
What is your state Indebtedness. how and
when is it to be paid, and what Is the rate
of taxation? If after the next election
such inouirers are informed that the peo,,
ple to whom the fraud debt was referred
for decision, have by their votes deter
mined to pay $l3, ,c00,O00 Of bonds known
to be false, but by this vote declared to be
lust, and the legislature consequently IN
duty bound to levy tax for the payment
of them, who would want to come to such
a tax trap|
This is not a fair presentation OF
the issue on the proposed constItu-
tional amendment, and those who
honestly favor the amendment and
wish to resent the Issue on its real
merits ought to be above that sort
of clap-trap in dealing with SO
grave and important subject.
A vote against the amendment
will not be construed into an ac-
acknowledgement of the justice of or a
willingness to pay, the bonds which
the supreme court have already de-
cided to be invalid and illegal. The
truth is that the decision Of the Su-
preme court against the legality Of
claim is Just as efectual a bar
against its payment as coostltu-
tional prohibition would be- tor
the constitution says that the legis-
lature shall not pay or tax the peo-
pie to pay any illegal claim, and the
only way OF uutholi;atively arriving
at the legality Of any given claim Is
through a judicial investigation and
decision. 1t is, indeed, for the very
reason that the supreme court has
decided the bulk of all doubtful
claims against tho state to be illegal,
that many people oppose the adop-
ton Of the amendment as an act OF
superogation that can accomplish
no practical good, and may do US
considerable damage IN the estlma-
ton of the world.
But again: Even if those who
oppose the amendment were in IA
vor Of paying the outlawed bonds,
no legislature could pay them or
provide for their payment without
violating an express provision OF
the constitution, which prohibits
the payment Of illegal claims. If
it be said that we might have a leg
islature that would not respect this
clause of the constitution, then we
ask what better assurance would
we have that the proposed amend
ment would meet with any better
fate? If we can suppose it possible
we might have a legislature that
would disregard plain provision
of the original constitution, can we
not as readily suppose that we
might have one that would disregard
an amendment Is an amendment
any more binding than the original
body Of the constitution ?
But still again: We are told by
the most intelligent and ardent sup
porters Of the amendment that if it
should be adopted, that would not
preclude the legislature from look,
ing into the equities that lie behind
the outlawed bonds, and adjudicat-
ing and paying them according to
the very rights and merits Of the
case. Ii that is 50, then there is no
sort OF necessity for either a Judicial
decision or constitutional amend
ment, Tor in either case the legisla-
ture can proceed to an equitable ad-
iustment of the states alleged liza
billties without regard to what the
courts or the constitution may say
about the bonds that cover thor
equities. Il a
The truth is that wsshayo bean
wasting a. good deal OF timo and
money in trying 10 adopt expe-
dlents to get rid of certain liabili-
ties which the repudiators Them
selves admit and confess must event
ually be adjusted and settled by the
law making and taxing power, on
the very rights, merits and equities
of each individual case. II that is
to be the winding up Of all contro-
vorsies about the alleged INDEBTED
ness and liabilities of the state, why
90 to the trouble and expense of be-
laboring the courts and restoring
the people with proposed constitu-
tional amendments? Why not pa
tiently bide our time, and wait until
the people are ready and prepared
to settle and dispose OF the matter
in that manner which the repudia-
tors themselves confess is the only
final and conclusive way Of settling
it? This, it seems to us, would be
tho true course that wisdom and