Emmons County record. [volume] (Williamsport, D.T. [i.e. N.D.]) 1884-current, 1886-08-14


limits of Indebtedness allowed territories
counties, sch ool townships and other po-
litical subdivisions
Section /. The legislatures of the territories of
the United States, now or hereafter to be organ
lied, shall not pass local special laws in any of
the following enumerated cases, TINT is to say
Granting divorces; changing names of persons or
places; laying out, opening, altering and work
ing roads for highways: vacating roads, town
plats, streets, alleys, and public grounds; locat-
and township affairs: regulating the practice in
courts of justice; regulating the jurisdiction and
duties ofjnsices Of the peace, police magistrates,
and constablcs providing for changes Of venue
in criminal and civil cases Incorporating cities,
towns, and villages, or changing or amending
the charter OF any town, city, or village for the
punishment OF crimes or misdem e.inors; for the
assessment or collection of taxes for territorial
county, township or road purposes; summoning
or impaneling grand or petit jurors; providing
for The management of common schools; regul"t-
ing the rate OF interest on money; the opening
aud conducting of any election, or designating
the place OF voting: the sale mortgage of real
estate belonging to minors or others under dis
ability; the heprotecion Of game fish: eli ,rte tering
or licensing ferries or toll-bridges; rcmtting
fines. penalties or forfeitures; crenting, incrcas
ing or decreasing public fees, percentage or al
loWhnce of officers during the term for which
snid officers ore elected or appointed; changing
the law of descent: granting to any corporation,
association or individual the right to lay down
railroad tracks, or amending existing charters
for such purpose: granting to any corporation,
association or individual any special or ex elusive
privilege, immunity or franchise whate. er. In
applicable, no special law shall be enacted in any
OF the territories of the United States by the terri
torial legislatures thereof.
Section 2. No territory of the United States,
now or hereafter to be organized, or any political
or municipal corporation subdivision of any
such territory, shall hereafter make any sub
scription to the capital stock ofany .corporated
company, Or company or association having cor
porate powers, or in any manner loan its credit
to or use it for the benefit OF any such company
or corporation, or borrow any money for the use
OF amy such company or association.
Section 3. No law of any territorial legislature
shall authorize any debt to be contracted by or OIL
behalf Of such territory. except in the following
cases: 10 meet Il casual deficit in the revenues
to pay the Interest upon the territoria debt: to
suppress insurreclions, to provide for the pub
lie defense; except, in addition to any indebted
may authorize u loan for the erection of penal,
charitable or educational institutions for suclI
territory, if the total indebtedness OF the territory
is not thereby made to exceed one per cent upon
the assessed value of the taxable property in sucl,
territory, rs shown by the last general ASSESS
inent for taxation, and nothing in this act shall
be construed to prohibit the refunding of any
existing Indebtedness of sucl territory, of any
political or municipal corporation, county, or
other subdivision therein.
Section 4. No political Or municipal corpora
ton, county or other subdivision in any of the
territories OF the United States shall ever become
indebted IN amy manner or for any purpose to
any amount III the aggregate, including criSting
tndeOtcdnesS, exceeding four per centun OH the
value of the taxable property within such corpo-
ration county or subdivision, to be ascert:ineu
by the last assessment for territorial and county
taxes previous to the incurring of such indebted
ness aud all bonds or obligations in excess of
such amount given by such corporation shall be
void: but nothing in this act contained shall 80
be construed as to affect the validity of any act
OF any tel ritorial legislature heretofore enacted
or of any obligations existing contracted there
under, nor to preclude the issuing of bonds al
ready contracted for, in pursuance of express
provisions Of law, nor to prevent any territorial
legislature from legalzing the acts of any
county, municipal corporation subdivision of
amy territory as to any bonds heretofore issued or
contracted TO be issued.
Section s. The Legislative assemblies of the va
rlous territories shall not grant private charters
or special privileges, but they may, by general
incorporation acts, permit persons to assocute
themselves together as bodies corporate for min
ing, manufacturing, and Otlier industrial pur-
suits, and for conducting the business of insur-
ance, banks OF discount and depnst( but not for
sse). loan, trust and guarantee associations, and
Tor the construction or operation of railroads,
wagon roads, irrigation bitches, and the colo
nlZntion and Improvement of lands in connection
herewith. or for colleges seniinaries churches,
libraries or any other benevolent charitable or
scientific association.
Section 6. Nothing contained in this net shall
he construed to abridge the power OF congress to
annul amy law passed by territorial legislature,
or to modify any existing law of congress requir
ing i'll any case that the laws Of any territory shall
be submitted to congress.
Section z. All acts hereafter passed by any ter
ritorial legislature in conflict with the provisions
OF this act shall be null and void.
In counties, school townships, etc.,
where the Indebtedness is over per cent
of the last assessed valuation, 1t appears
that, after paying for work ordered or
under contract, county commissioners or
school-townshlp officers will not have
power to issue warrants for any purpose.
fThic, OF nd q vii
way at present to provide funds even for
arresting and prosecuting criminals, hold.
ing elections, taking assessments, or for
the payment of county officers. It will
also close the schools in large propor-
tion of the districts and townships of the
territory.
The bill will, prevent special legislation
for the division of counties, but still
leaves it within the power of the legisla-
ture to pass a general act allowing all
counties to vote upon this question; OF
any other Of a local nature, at regular
election; whenever the people therein
shall see fit. 1T prevents all county,
division schemes for at least two years,
however.
Taken as whole; tile bill is fcmark-
able one, especially as many members of
congress who voted for it are ex-confed-
crates and disciples of the old State e-rlghts
school. It tells the people Of the terrific
ries plainly that tlley afe not fit to gov
ern themselves; and that territorial and
state rights are not ahaldGous.
Aside from the fact that tile bill shows
10 the world that the Eiti$ehs of terri
tory do not possess tile privilege Of con-
Quoting even the most petty Of their local
affairs; and the injury that ti1ay result
from the absence of funds to provide for
the maintenance Of order and the en-
ployment of teachers, and other neces-
sary expenses, there is little to complain
of in the new law. It prevents the carv-
ing and slashing of counties through
special legislation, and will permit the
territorial citizen to calmly view coming
session without fear that his house may
be separated from his barn by county
line. It takes away from venal legis-
laturs most of the objects and opportuni-
ties for cofrupt bargains and comblna-
tions, prevents the granting of special
privileges; and limits the legislative body
to the passage of general laws.
But that part of the bill which regulates
county, city and township expenditures
could have been improved upon. Instead
of putting it outside tile power of politi-
cal subdivisions, indebted beyond the
limit to provide for absolutely necessary
outlay; the law should have sought linn
itatlon Of expenses and reduction of IN
debtedness, and at the same time allowed
potion of the current revenue to be
used for immediate wants. In this terri
tory the financial history Of each county
is about the same. While new, with Il
small tax valuation and with sparse pops
ulatioti with roads to bic built and with
bridges to lie constructed with 4 com
plete outfit for political housekeeping to
h. Ill - i: