The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-08

|
} the Legislature, and that is in the cOnstlu
, tion of Nevada securing to cities in that
ranless land the power of procuring nee
; essary water. So in order to arrive at the
construction rejected by us we must not
only disregard the plain meaning OF the
language employed and the constitutional
history of the State, but we must even run
counter to the general consent Of cOnstitu-
ti0nal provisions on the subject.
The construction sanctioned by the
court in the two cases alluded. to, encOun-
tiers this further difficulty. If the boards of
supervisors have the unrestricted right to
raise what sum they may deem suf-
ficient for the purposes mentioned in
the Section, they have also to deter
mine tor themselves what "Other necessary
| conpeniences for the people of the county,
they will supply out of the unlimited fund
There is no restriction as to the objects to
which the tax may be applied, except only
the discretion of the Board, and their iudg-
ment that they are necessary conveniences
for the people. A power so ample may well
be deemed alarming. Such sway over
private property has never been granted to
any body of Magistracy in "A free govern
| ment. Tie existence Of the power would
be absolutely inconsistent with the institu-
ton of private property. The advocates of
| this construction of the Constitution
shrink from claiming SO erroneous and dan
gerOus Il power for the Board of Super
| yisOrs.
In the recent Code of this State, by Sec.
2l50 the Unnecessary cOnyeniences" are re-
stricted to county buildings other than
| jals and cOurthOuses. This provision
| would be unconstitutional If we are in
error as 10 the true meaning of the section
in controversy. There is no reason arising
| from the language used or from other parts
Of the Constitution, which would deprive
the Legislature of its power to limit and fix
| the amount Ofthe special tax, and yet would
allow il TO interfere to limit the necessary
cOnyeniences to which the tax may be ap-
piled. The words "necessary conyenien-
| ces" are embraced in the same sentence
| with "cOurt-hOuses, bridges and jails' and
| separated from them only by the like pune
| tuation mark which separates these from
| each other, and there is no rule Of gram
| mar or construction which authorize us
to saw there is less control i'm the Board over
| one than the other.
II is also fatal to this yiew that il as
| sumes that the right of the county Boards
| to levy unlimited taxes for the purposes
mentioned, and independent of any control
| by the legislature, was deemed SO import
ant by the Convention AS TO demand pro-
vision to that effect. Yet the very clause
| intended to secure this essential erd, ac-
| composites only half OF the purpose in ad-
mitting Legislative interference as to the
other half
| The conclusion Is irresistible that II the
| legislature may limit and control the power
| of the Board to tax as to necessary conven-
| iences, il may do the same as to court
| houses, jails and bridges.
| IL T. also u rule OF construction Of coEsti-
tutiOns and statutes, that the instrument
| should be made If possible harmonious and
| consistent with itself. Its trainers are pre-
sumed TO have a consistent and definite
policy which is the key to all the provisions
on the same subject-matter, and that which
! is clearly within the same mischief Is in
tended TO be within the same remedy. 1t
| is not to be presumed that provisions were
inserted ut random, TO subserve some de-
tached and isolated purpose. In constitu-
tions especially, we are TO look for care
ful and well digested plan of government,
under which there may be u regular, we'll
ordered and harmonious administration. To
justify the construction con.ended FOR bythe
appellant. we must suppose the Conven-
ton was moved by mischief felt then eN-
isting AS to the unwilingness of the legis- |
lature To grant suiheient taxing power for
cOurt-hOuses and Jails, and the means of ill., |
tercOurse and commerce among the people, |
and that IL intended to remedy this mis-
chief by securing an absolute control over
these matters in the Boards OF Supervisors. |
II is impossible to conceive any other foln-
dation for this section, If IL be colstruedas |
cOntended for.
But as to the means OF Intercourse, pro- |
vision Is made only for part, and that too,
not very essential part of this important |
subject. As TO roads and ferries-the first |
AN essential and the second an important |
part of the means Of intercourse-thep pow
er of the legislature to limit and restrict the
board Of supervisors is unquestioned. In
that part OF the opinion in which all the
Judges concur, IL is held THAT the board of
supervisors cannot eXpend dollar for
building or repairing roads without the con-
sent of the legislature and the same prin-
ciple was announced in respect TO ferries,
in supervisors V. Mcfudden, % Miss, GlS.
Under that construction, the constitution
means that the legislature may not be trust.
ed with power to grant the means to bulld
bridges, but may as to the roads over
which access Is alone possible anu without
which the bridges would he utterly Naiu-
less. The board OF SUPERVISORS cannot
spend dollar TO repair road or lerry-tO
make a causeway, or dram pond over
which road Is located Dnt may without
limitation or restriction Dhlld Drldge
whenever they may deem proper.
Thus u Is seen that thls great puDnc
policy supposed 10 be lnaugurateu Dy TINS
Section SO Tar as the means OF intercourse
aud travel are concerned, Is found 10 eN-
pend itself in the securing the building OF
inaccessible bridges. A construction which
involves such a conclusion should not be
adopted. IL is well settled that courts
ought not, except in cases admitting of no
reasonable doubt, TO take upon themselves
10 saw flat the legislature has eNteeueu
nowers and violated the constitution, es-
necially when the legislative construction
has heen Given 10 the constitution nv those
who framed its provisions and coniempo-
raneous with rs adoptiou. (Sedgewick
constitutionaI construction. mage Il9. and
cases there eitedn This r,,le has been
n,lIy recoonizeJ In This state. Camnbeli
- Ifnion RAM a N G9s Newson ys
rocl a. NJ 40
fn ~, Coie Of 1871 adon,ed contemnora.
,..i,,,s,' ,,,,,h ,ba cons,i,n,ion the newer ar
~ ie,isla,nre to restrict and Iimit the
,'n,,.ar N heard az snneryisors 10 levy The
Pl,,o,,iai ~ ,a,aed IN ,he consti,ution mn
- ,',,,sidaraaiou ,s,as asser,ad and 4 Iimit
s,,,,,'1,i ue, fsoo IoJa oc Is.i So iaGai The
na,l,o ,os,ric,ioo A. imnascd nv tbe cts on
ss.s ,.n,sa 10 So 10 and nv Sec Chan
o. ,,l,-s - az ,he At of is-s and NV See
g.. a.. 49, ne 10 or the Acts ~ is-s
III - P"5gsn ,,s,,a - Of tbe
a, ,sso f' -
T,,,o ,riso,,,, .ons,r,,,,ion nut op the
s.,t,e,, H., ar io,,isi.,,'r, o,,,,h, No, Inder
Iii es,,i :, r,l.s -, H., li.ra,sariaJ i,,, ,ha
c,,,rs o,cer, IN y very clcs- csse onr
,hais bis,arx under The ronsti,ution 81
Iss,a has been under success;ye statutes.
eontinuouslv in force. and five times en-,
acted. putfing the construction we adopt
on this clause OF the constitution. II Il moi
to he presumed that the legislature did moi
,1nderefand or did not observe the con- /