The comet. [volume] (Jackson, Miss.) 1877-1882, 1881-01-15

business OF lie, adopted TO common wants,
designed for common use, and fitted for
them; the people adopt them the people
must be supposed to read them, with the
help Of common sense and cannot be pre-
sumed to admit In them any reconcile
meaning, or any extraordinary gloss.''-
Story on the Constitution, b451.
Z" But the most important rule in cases OF
this nature, Is, that Constitution Of gov
eminent does not and cannot from Its ma.
ture, depend IN any great degree upon
Of single words. Such criticism may not
be wholly without use 1t may sometimes
illustrate or unfold appropriate sense but
unless II stands well with the context, and
subject matter, it must yield to the latter.
While, then, we may resort to the mean-
ing of single words to assist our inquiries,
we should never forget that 1t is an instri-
ment of government that we are to con-
strue and, as has already been stated, that
must be the truest exposition, which best
harmOnizes with its designs, its objects and
its general structure. "-Vattel, b. 2, ch. II,
''The suggestion is plausible at least, that
the meaning of Section IS, Art. XII twice
adopted by this Court, is Its most obvious
one. BY See. 20 of Art. vi Of the cOnstitu-
ton it Is provided that .'the qualified cleo
by districts, for the term Of two years, who
shall constitute Board Of Supervisors for
each county, a majority of whom may
transact business, which body shall have
full Jurisdiction over roads, ferries and
bridges, and shall order all county cleo
tiOns to fill vacancies that may arise in the
offices Of their respective counties, ana
perform such other duties rs shall be pro-
vided by law" Certain matters for their
arn lnanifat Inv tho
tion, and it is left for the law-making power
to prOyiue by law such other duties as II
may see proper to deyolve on Boards OF
Supervisors.
Among the General Provisions" in Art.
XII il "Sec. 10. No county shall be denied
the right to raise by special tax, money suf-
ficient TO pay for the building and repair
ing of court.houses, jails, bridges and other
necessary conveniences for the people OF
the county and money thus collected shall
never be appropriated for any other pur-
pose provided, the tax thus levied shall
be u certain per cent on all tax levied by
the State" This is equivalent to saying
every county shall have the right to raise,
etc." 1t shall not be denied, that IL, the
cause il is the intent of the instrument that
the right shall be possessed by every county
secure from denial by that body which, but
for this limitation on its power might deny
it.
The specific provisions of Section 10 are
inconsistent with the assumption of u
mere address to the Legislature, and indi-
teryention, and to confer upon the counties
the right to do, in the way prescribed,
what is provided for. An analysis of the
section will make this clear. ''NO county
shall be denied the right" The idea in
volved is that every county shall have the
right, for it IL placed beyond denial. IL
shall not be refused nor withheld. But for
this limitation, the law-making power
might refuse to counties this right BY
legislative action it might be withheld. II
shall not be. The county shall have it. No
power shall deny it. "To raise by special
tax" A specification of the manner In
which this right shall be exercised. money
sufficient" A limitation on the right thus
secured to the county. Sufficient" money
Not more than is required. "To pay for
the building and repairing of cOurt-hOuses,
jails, bridges, and other necessary conve-
niences, for the people of the country"
An enumeration of the objects for which
the right may be exercised. "And money
thus collected shall never be appropriated
for any other purpose" Aprovision against
an abuse of the power conferred, lest, UNI
der cover of this right, money should be
collected nominally to pay for the building
etc., and afterwards should be applied to
other uses.
provided, the tax thus levied shall be
a certain per cent. on all thx levied by the
State" a specification of the subjects of
the special tax the right to levy which is
secured to every county under the limita-
tions prescribed. TAX levied by the
State" suggests another tax levied not by
the State but by the county.
WHY thes minuta dptailsf This sneci6-
cation Of the right to raise money, the man
ner Of doing 1t, the amount, and the objects
for which IL may be raised, and the exclu-
sion OF the abuse of the right to raise
money for the specified purposes, by pro-
hibiting its appropriation for any other
purposei IL the section is held to confer
on the counties the right mentioned, these
details for its exercise and TO prevent its
abuse are appropriate, but IL IL Is held TO
do merely admonitory TO the Legislature,
seems out Of place.
When the constitution declares a right
and defines the circumstances under which,
and the manner in which IL may be exer-
cised, the specification is u prohibition
against Legislative infringement OF the
right or change OF the circumstances or
the manner for the exercise of the right
The fact that the section does not say
that the Board OF supervisors shall not be
IL.
shall be denied does not alter the case.
The thought embraced rather than mere
form Of expression Is to be considered.
The constitution was made for u people
accustomed to exercise Of the power Of
local taxation for the purposes named In
the section under consideration by tribu-
nal formerly existing in the several coun-
lies, by the name Of boards OF police. The
was the successor of u former
ha annfAI ~ ha npW
one, and IL found body ofstatutes In force,
and continued them In operation. BY the
former Constitution each county had a
board OF police consisting Of five persons
elected by districts. with iull Jurisdiction
over roads, highways, ferries and bridges,
and all other matters Of county police, and
with the duty TO order all county elections
10 ill vacancies In the Offices OF the county.
The new constitution changed the name Of
The board, but continued IL under the name
Df the Board Of Supervisors, as before pos
'essed, emitting highways" aud instead
Df ''all other matters Of county police"
"such other duties Ms shall be |
provided by law"
This Constitution found Ia force this pro- |
vision, 1.-THE board Of police OF any county |
nay levy a special tax for the erection or |
repair Of courthouse, jail, or other county |
buildings, and bridges, whether the same |
hall exceed the state tax or not TO be APP |
Piled 10 no other purpose"
Revised Code OF 1857 p. Az Art. -, aud |
I Is apparent that this suggested the sec
ion 10 Art. XII Of the Constitution. |
This statute continued In force under the |
lew Constitution being applicable 10 the |
Board Of Supervisors. IL seems plain that /
he intention must have been TO invest with /
he force Of the fundamental law the right |
n the county acting through its own tri- |
Dunal charged with county matters TO raise
money sufficient to pay for the things men,
Toned. IL Ia manifest that the purpose
vas TO give the right to the acting authority
n the county bridges" are a subject OF
he grant Of Jurisdiction 10 the Board OF
supervisors, and court houses and jails
we're subjects entrusted to them by law.
{ was known that building and repairing |.
curt houses, jails and bridges required
money. These are local in their character.
Z was 1t that they who were 90 bear the
'urden Of maintaining them should have
be right 10 determine their character, and
Iay for what they chose 20 have.
I do not deny TO the Legislature the right
o regulate the exercise Of the rizht con-
erred by Sec. IS, Art. XII. The right to
cgulate and the right 10 abridge, are diff
trent things. I admit the former and deny
he latter. IL 10 competent for the Legisla-
ure 10 make an estimate Of the cost Of
he work, and an advertisement Of the
.tting Of the contract. and the making
the contract, and the making Of the
Ontract, and other like things. a condition
recedent 10 the collection Of the special
X provided for.
Whatever may be q proper regulation for
he exercise Of the right secured 10 the