The Aberdeen examiner. [volume] (Aberdeen, Miss.) 1866-current, 1884-02-21

ty, which is alone absolutely Severe
ign. The powers they possess are all
delegated by the Sovereignty; the
limitations upon these powers are all
imposed by the Sovereignty. Both
the affirmative grants and the mega
tive restraints are intended to pro
mote the welfare, prosperity, freedom
and happiness Of the cities who
make up that aggregate which, as an
organic unit, constitutes the Severe
ign body polite; since this is the f.
nal object Of all just Government.
The representatives of your side of
this issue, n clu d in q many
lawyers which fact, | confess with
modification, urge with apparent con-
tidence that the Supreme Court Of the
United States has absolutely detern-
med that the act of one Legislature
does not bind the succeeding ones
where the former has conferred priv
ileges without reserving to itself the
right to change, alter and repeal such
privileges.
Upon this question I will refresh
your memory by quoting to you
portion Of the language used by the
the Supreme Court Of the United
States in the case of the Binghamp-
ton Bridge Company, Bird Wallace
page II. Mr. Justice Davis in delv-
ering the opinion said; ''The Con
stitutional right Of one Legislature to
grant corporate privileges, 50 as to
bind and conclude a succeeding one,
has been denied We have supposed
if anything was settled by an unbro-
ken course Of decisions in the FEEDER
al and State Courts, it was that an
act Of incorporation was a contract
between the State and the stockhold-
ers. All courts at this day are estop-
ped from questioning the doctrine.
The security of property rests upon
1t, and every successful enterprise is
undertaken, in the mistaken belief
that it will never be forsaken. 4 de
parture from it now will involve dan
gers to society that cannot be forseen
would shock the sense of the country,
unhinge its business interests, and
weaken if not destroy, that respect
which has always been felt for the
judicial department of the Govern
ment. An attempt to reatiirm it
could only tend to lessen its force
and obligation.
"Ihe purposes to be attempted are
generally beyond the ability Of indi-
vidual enterprise, and can only be
accomplished through the aid Of asso-
ciated wealth. This will not berisked
unless privileges are given and secu-
| rites furnished in an act OF lncorpo-
ration. The wants of the public are
often so imperative that the duty is
imposed on the Government TO pro
vide for them, and as experience has
proven that IA State should not direct
ly attempt to do this, it is necessary
to confer on Others the faculty of doing
what the State is unwilling to under.
take. The Legislature therefore says
to public spirited citizens: If you
will embark with your time, money
and skill, in al enterprise which will
accommodate the public necessi
ties, we will grant to you, for peri.
cd, or in perpetuity, privileges that
will justify the expenditure Of youl
money, and employment Of your time
and skill Such a grant is a contract
with mutual considerations, and JUS
tice and good policy alike require
that the protection Of the law SHOULD
be assured to it."
Are you not charmed by the cogen
cy Of this reasoning,and the sundnes.
Of its moral and legal ethics?
| have written you at great lengtl
hoping to persuade you to reflect up
on this question, which | am conf
dent, will cause you to reverse
your views and action, and proven
you from doing injustice to yourself
your friends and your country,
| feel gratifed, Of course, at wha
you have chosen to say Of me person
ally, but personal compliments are al
inadequate consideration for the righ
you claim in behalf of the State, viz.
to invade private rights and tramplt
them down, which can onl y result il
obstructing the march Of progress
and inhict multiplied evils upon on
people and State, who have suffered
from so many in the past, Your
truly,
Z. L. Russell.