The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1881-06-30

to the seiaols people" This is approved bv
| Cooley. Cooley on Const. 2S3. Note
! The question has been distinctly decided
| against the existence of such power in IT,
| Legislature, five different times. bv TIA
| Supreme Court of Ohio, and BY the unani-
nous judgment OF all the Judges of that
| Court, and that, too, when as great 2 ,nsr
patriot, statesman and jurist a Allen q
Thurman. sat on that bench and thar too
with the decision of the Supreme Court II
the United States in the Dartmouth CoIlege
case before them. Mechanic d. Tra4sT's
Bank. Is. Dsb0G, l Ohio, V s, 59I. T8ls{,
Bunk Is Bond, bid, or haooD Is. Pfos.,
Bank hid, Cos. Milan d. T. Plank O. ~
Huasted. Ibid 57S. The Nor3calE PINK Ri
Co rs. Hudste1. IBID, $50. The supreme
Court OF Ohio characterized the doctrine A.
absurd, gross absurdity." Plank Rd. CO.
Hud>ted, 3 Ohio State, 5S3
The Supreme Court of Pennsylvania has
denied the doctrine IN an argument which
has never been. and never can De- answered.
Holding that the power of taxation i,
essentially power of sovereignty or emf
nent domain; denying the power of the
Legislature TO make 4 contract by which il
shall be SURRENDERED without express authorj-
u for that purpose, Ia the Constitution
holding that there is a material difference be
tween the right Of Legislature TO grant
lands or corporate powers, or money and
the right 10 grant array the esseHtiGlattriba.es
Of sovereignty. Fer these do not furnish tie
subject matter Of q contract. The attribution
OF power, by the States To the Union, is not
In conflict with this principle for the act
OF union was but au enlargement of the 20
litical society Tor certain described purposes.
and the power of taxation that passed to the
Federal Government was but natural aud
necessary sequence Oft. It was not extin-
gulshed by contract, but merely transferred
to another portion of the government to be /
exercised for the general welfare, under the
limitations prescribed. Under the Consti-
tuition, there can be no such thing as perpetual
exemption from taxation; Tor the taxing |
power is OF ritai Importance, and Is essential |
to the existence of government. II Is 0f and /
belongs TO the po1cer OF legislation. 1t re- /
sides IN and IS a part II g2res7meat aud can |
itic, be Tenounced.
Mott IS. Penn r. r. Co., 30 Penn. ST.. g. |
The following cases also dispute the doe
trine Bremstcr rs Hough, 10 " H.. % 1
Backes Is Lebanon, IL Ibid, "a. Ti2rp gs.
RUtiand and Burlington Il. Il. Co., ~ 40
Raleigh, etc, Il. f. Ca Is. Reid, 81, " G..
loo. Acts of Parliament, says Blackstone.
ler0gatory TO the powers of subsequent Par
iaments, bind not Because the Leeisla-
.ure being, in truth. the sovereign power, is
always of equal and always of
absolute authority; it acknowledges
10 superior on earth, which the prior
must have been, if its ordinances
,ould bind a subsequent Parliament. And
ipon the same principle, Cicero, in his let
ers to Atticus, treats with proper contempt,
hose restraining clauses which endeavor to
lie up the hands of succeeding Legislatures
when you repeal tue law itself" says he,
you, at the same time, repeal the prohibit
DRY clause which guards against such re-
cal. b. Com, 80, vi. Il
TO BE CONTINUED. III