The record-union., 1891-11-24

welfare, which it is one great object of
government to secure.
The question whether the public inter-
ests of the State would be at all advanced
by an exhibition Of its products such as
is contemplated by the Act was an ap-
propriate one for discussion in the halls
of the Legislature, before its enactment,
and for the consideration of the Governor
before approving it, but it is not one for
this court to decide upon the individual
views OF its members, concerning the
wisdom or expediency OF such legislation.
AN OLD CUSTOM.
There is no difference, except in de-
grees, between the appropriation con-
tained in this Act and those which for
years have been made without any ques-
ton as to their validity, for the support
of the State Agricultural Fair and the
various District Agricultural Societies
throughout the State. The fact that this
exhibit of the products of the State is to
be made without the limits Of the State
does not change its essential character, or
make il any less an occasion or purpose
in which, in an enlarged sense it may be
said that the people OF the State have an
interest.
IN fact, it would be hard to distinguish
this appropriation, in principle, from
those made from time to time for the
maintenance of horticultural, viticultural
and other similar commissions. None of
these, strictly speaking, are required for
the proper administration of the govern
ment OF the State, and possibly, in the
opinion of many, call for an unjustitiable
and useless expenditure of money. But
the power of the Legislature to create
such commissions has never been
doubted.
LEGITIMATE AND PROPER.
We know from the express declaration
of the Act of Congress authorizing the
Columbian Exposition that the purpose
Of the exposition is to commemorate the
four-hundredth anniversary of the dis
covery of America, "by an exhibition of
the resources of the United States of
America, their development, and of the
progress of civilization in the New
WOrld''; and, that such exhibition is to
be of national and international char
acter, so that not only the people of the
Union and of this continent, but those of
other nations as well, can participate"
We have no doubt that it was fairly a
matter within the power of the Legisla-
ture to determine whether this State
should join with its sister States, and
with the Government of the United
States, in celebrating in the way sug-
gested the historical event referred to.
DIFFERENT WITH CITIES.
1t has been held in many cases that a
municipal corporation has no authority,
under the general powers usually given
such corporations, to appropriate money
for the celebration of the anniversary of
the important events in the history of our
country, such as the Fourth of July leases
cited. These decisions, however, all rest
upon the principle that municipal corpo-
ratlons have no powers except such as are
specifically granted by the Act of incorpo-
ration, or are necessary for the purpose
of carrying into effect the powers ex-
pressly granted. But it has never been
doubted that the State could confer upon
city or town the authority to celebrate
such important events in the history of
the country as appeal to the patriotism or
higher sentiments of the people, and to
tax their citizens to pay the expense
thereof
Thus it was held that the city of Phila-
delphla had the power, under its charter,
to provide for the entertainment Of the
centennial anniversary of American in
dependence. Chatham VS.. Philadelphia,
IL Phil. 276.) So, also, in Massachusetts,
by general statutes, the power has been
conferred upon towns to celebrate the
centennial anniversary of their incorpo-
ration. (Hill VS.. East Hampton, 140
Mass. 3Sl), and also to appropriate money
for the celebration of holidays and for
other public purposes. Hubbard VS..
Taunton, l40 Mass. 467.)
THE STATE HAS POWER.
These cases are authority for the prop
osition that the State itself, unless re-
strained by its Constitution, has the
power to make appropriations for such
purposes, because, unless it possesses the
power it could not confer it upon its
municipal corporations. In fact, such
expenditures are justified under the gem
eral power which the State has to provide
for the public welfare - the limits of
which are perhaps not capable of exact
defnition-and are the same in prin-
ciple as those for the building of monu-
ments to commemorate great histrical
events, or for the erection in public
places Of the statues of those who, by
common consent, are clasSed among the
patriots or benefactors of the nation.
MUST TRUST TO HONEST LEGISLATORS.
Undoubtedly this power may be the
subject of great abuse, but this is no argu-
ment against its existence. The only
protection against reckless and improyi-
dent appropriations for public purposes
must be found in the character of those
intrusted with the power of legislation,
and in the integrity and firmneSs of the
Chief Executive Of the State.
The demurrer of the defendant is over
ruled, and peremptory writ of mand-
anus ordered in accordance with the
prayer Of petitioners.
THE DECISION UNANIMOUS.
The opinion was written by Justice De
Haven, and is concurred in by Chief
Justice Beatty and Justices Garoutte.
Mcfarland, Sharpstein, Harrison and
Paterson.