Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1881-11-26


ued depreciation IN Va. ue. 1t is better that
such copies as are imperatively required by
counties or towns shou.d be obtained directly
from publishers.
An act to amend section 26 of title /, chap
ter 81 of the general statute If 1878.
THE VETO.
The act authorizes a railroad company, even
after verdict, to abandon its condemnatory
proceedings, and begin de nouo. This would
enable such company, if the result of the trial
did not suit them, to have new trial by means
of new condemnation, and this could be kept
up ad infnitum until the property owner be-
came weary of the contest or unable to bear
its expense, and thus be forced to accept the
amount the company might be willing to pay.
Note-TheIe are two bi Is of the above title,
one introduced In the senate and the other in
the house. The reasons for the veto above
apply to both.
fIom Graceville in Big Stone county, TO Man
dad 1, in Traverse county.
THE VETO.
This action is numerously protested against
by residents of the county as an uncalled for
and unnecessary expense.
To vacate the alleys running north and
south, in blocks Nos. Is and l8. and the ale,
running east and west in block No. 16, in the
town site of Franklin, Mcleod county.
THE VETO.
This bill is vetoed for the reason the COVER.
nor has given in other cases, that the vacation
may be made by order of county wherein the
right of all parties interested may be properly
protected.
Authorizing Lille L. Bennett to convey Ger
tain real estate IN Mobiles county, in the state
of Minnesota.
THE VETO.
This bill is notapproved because special leg
islation of this kind is mischievous in char
acter and liable to gross abuse. It should be
escorted to, if ever, only in cases of peculia,
| necessity and for good reasons shown, which
do not appear in this case.
To authorize the Supervisors OF the town o.
| OrDoco in the county of o msted, state OF
Minnesota, to issue bonds for the purpose OF
| ioanlng the same, or the proceeds from tn,
sale thereof, for the build ng of Touring
mill in the town or village of Oronoco, IN SAID
| county or state aforesaid.
THE VETO.
Disapproved for the reasons set forth in
the opinion OF the attorney general herewith
attached.
SAINT PAUL, Nov. %, 1881.
To His Excellency, John 8. Pillsbury, Gov
ernor of Minnesota:
S1R-Herewith return Senate File No. 11S,
| IN act to authorize the supervisors of thu
town Of Oronoco, ia Olmsted county, to issue
| bonds for the purpose of loaping tbs same, or
| the proce eds from the sale thereof, for the
| building of Touring mill in said town, and
respectfully suggest the pfopriety Of vetoing
| the same.
The act is clearly and palpably unconstitu-
| tional, and if approved and bonds should be
| issued under it, they would be worthless. Lit
| igation by reason of their issue would prob
| ably ensue, their payment be enjoined an !
the town be charged with reputation.
The legislature has no authority to
pass laws enabling towns, by gifts or loans of
money or bonds, to assist individuals or cor
porations to establish or carry on manufactur-
| ing enterprises. Such gifts or loans can only
| be raised by taxation, and taxation can only
be resosted to for public purposes. The pro-
posed purpose is not public purpose within
the meaning of the constitution. As said by
the supreme court CT Maine, in So Me. 500:
individuals and corporations embark in man.
ufactures for the purpose of personal and cor
porate gain. Their purposes and objects are
precisely the same as those Of the farmer, the
mechanic or the day laborer. # II
the manufacturing be gafnfull, there
seems to be no public purpose to
be accomplished by assessing q tax
| on reluctant citizens and coercing It's collec-
ton to swell the gains of successful enter
Prise. II the business is losing one, it is
not readily perceived what public or govern.
mental purpose is attained by taxing those
who would have received no share OF the pro.
fits to pay the loss of an unprosperous manu-
facturer. The tax payer should not b.
compelled to pay for the loss where he is den
led sh ire of the profit. If the right
of conf1scating the private property of individ-
nails for the purpose of giving it away to one
branch of industry can be conferred on towns,
one does not easily SEE where or what bonds
can be imposed or limitations made"
Judge Miller in delivering the
Judgment of the supreme court
of the United States in 90 Wallac.
665, says: "No line can be drawn in favor
of the manufacturer which would not open
the Golfers of the pnblc treasury to the i'm
portunities of two-thirds of the business men
of the city or town."
speaking of the right Of taxation, uses this
forcihle expression: "When it is prostitutes
to objects in no ways connected with The pub
lie interest or welfare, it ceases to be taxation
and becom plumber.
The following cases will be found to fully
justify what I have said, viz: Dillon i,
municipal court, sec. 935; Cooley on taxauo
r.; 1O3 Mass. 1O4; Dillun 1853; 9Kan. $50; 60.
Me. 1874; 20 Wall. 655; "a N. Y. VI; 90 Pa. st
lat.
II is true that by this bill the bonds or the
proceeds are 10 be Loaned and security for the
payment is to be taken, but as said in So M
500, clowns are not banking corporations H.
II. 1t NAV be taking ones money without
his onsent to be loaned to an Individual whom
its owner would not trust for time which
might be inconvenient, for purpo-e which
he might dem injudicious, and at rate OF
interest which he would decline lending to
any one. II is no answer that the loan
may he repaid" The case in 60 M 1874. Is
directly in point and the court unanimously
held that placing it in the shape of a loan did
not relieve the act from objection. Very re-
spectfully, WIN. j. HAHN,
Attorney General.
An act to amend section 26, title 1, chapter
81 General Statutes of 1878, relating to the
condemnation of property for public uses.
The act authorizes q railroad companv.
even after verdict, to abandon it's condemna.
tory proceedings and begin de MORO. This
would enable such company, if the result of
the trial did not suit them to have new trial
by means of new condemnation, and this
could be kept up dd snintum, until the prop.
erty owner became weary Of contest, oruna. |