The Russellville Democrat., 1882-04-13

| tue OWIer or person Tn whose name the land may be listed, may redeem the same within n period of one year from the time the lands are returned delinquent in the office of the county clerk. The second section Of the act provides that eff the said lands are not redeemed, as provided for in section one of this act, then they shall remain iu said clerks office one year longer, during winch time the same shall be subject to redemp- tion by any person whatsoever who will pay the tax, penalty and costs. and upon the payment of the same the clerk shall execute and dellver q proper deed of conveyance. for which he shall be entitled to a fee of one dollar and fifty cents," with provi- so excepting certain persons under disabilities, as is usual. By this last section any person may redeem, and .he clerk is given power to exc cute deed upon payment of the tax, penalty and cost. To redeem means to repurchase, to release. Webster's Dictionary, unabridged, title Re deem.
 This term redeem can only apply to person who owned, or had q right, legal or equitable, in the land taxed, and whose title or interest ID the property has been jeopardized. or might be entirely forfeited unless he redeemed it. The provision of this section directing the clerk to execute deed of conveyance to the person redeeming (if it was intended to give the power to the clerk to con. vey the title absolutely, ), is inconsis tent with She term redemption. A person, rot the owner, or person in whose name the same may be listed cannot be said to redeem, when he pays the delinquent tax. He had no interest or title, or right which was the subject of redemption. He must be purchaser, if anything, if the legislature intended the deed to con vev title. There is then an ambigu. ity in the body of the act, as it pro vides for redemption of the land, and for a deed of conveyance to the per son redeeming in the second year af- ter delinquent list returned to the clerks office. Referring now to tue title of the act, in order to assist in re. moving this ambiguity, it is found to be as follows: "An act to provide for the redemption of delinquent lands, and to repeal sections 5lS6 and 5l96 of Gantt's digest" From this it would appear thatthe legislature intended this act to relate to the redemption of delin- quent lands, and not to relate to the sale of these lands by the clerk ,and the deed to be executed by the clerk was intended to be evidence of redemption, and of the amount paid by the person redeeming.
 on the clerks of the several counties, to sell these delinquent lands to "any per son whatever" who may pay the taxes due on them, within the second year af- ter the return of the delinquent list, and to convey the title, then the question arises on the constitutionality of this law.
 The states ancient right of eminent domain and of taxation is expressly conceded in the constitution. The right of the state to take the property of the citizen or taxpayer, who has failed to pay the just tax assessed against it, and deprive him of his property, after de- fault, and take the title to herself, even without allowing the privilege of re- demption, is right belonging to the state. This extraordinary right can only be maintained on "the absolute sovereignty of the state in the exercise of it's taxing power. It is q severe ex- ercise of power. To divest ownership, without personal notice and without di- rect compensation, is an instance in which Il constitutional government ap- breaches most near to an unrestrainGd tyranny" But this power of taxation is absolute, and necessarily 30, fer the purpose of securing the very life of the government. ConcediHg this eXtraOr- dinary power to exist in the state, aS between itself and it's taxpayer, can this power be so exercised as to give the right to any one person to purchase the land of another, who has failed to pay his lawful taxes, at private sale, and without the competition which would arise under a private sale with notice, and before the state has acquired title by forfeiture! The act under consider ation provides that these delinquent lands "shall be deemed and held AS for feited to and the property of, the state of Arkansas, if any of these lands shall not be redeemed as provided for in the two first sections of the act" So that the ate could not, under this act, claim title to these delinquent lands until the expiration of two years from the time the delinquent list was return ed into the office of the county clerk, and unless the lands were not redeemed.
 Section Fl, article 7, of our state constitution, declares: No person shaA be taken or imprisoned, or dis seized Sf his estate, freehold, liber- ties, or privileges; or outlawed, or in any manner destroyed, or deprived of his life, liberty, or property; eX cept by the judgment of his peers, or the law of the land, etc."
 Section P of the same article, de- clares, that, "the right of property is before and higher than any con stitutional sanction; and private property shall not be taken, appro priated, or damaged for public use, without just compensation therefor"
 1.-The terms, flaw of the laud,' do not mean merely an act of the gen. eral assambly If they lId every re