The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1892-01-09
THE WORLDS FAIR.
The Authority of the Legislature to
Make an Appropriation Discussed.
LwrIlten for the pemoeratic AdvOeate.l


have promise only of indirect and remote benefits.
It is also the apparent interest of high officers of
State to stand in" with the monied people To all
of which we are compelled TO reply, this is legti-
mate.
, There SHOULD not be an advocate of a measure in
itself not unlawful who would not contribute
towards it time and money and use every honorable
means to further it, These things are his property
over which he ought to have full command and if
he cannot consistently contribute them he is no
advocate at all. He should then stand out of the
way of others who willingly assume the duties and
the burdens of earnest advocacy. Ifhe cannotwith
zest support measure he need not list himself in
its favor or contribute towards it. Nor should he
!, oppose unless success would probably affect him
detrm entally.
Then why these words? Because progressive
business men, high officers of State, and gentlemen
otherwise prominent do not eonfne their talk to the
proprety of an exhibit at the fair Their efforts are
measurably directed toward compelling by legis-
ative edict every person in the State, or person
holding property therein" 10 dcfray proportion of
the expense whether they will not. This is
very different question and to it our previous re-
marks are Inappropriate. In it every person who
either directly indirectly pays tax is pecuniary
interested and ought to be heard either airmatiyely
or negatively.
The published views Of representative citizens in
any calling are hdicia of what is in the public
mind, but they are not the public mind itself Nor
may they bespeak the popular will because they are
not the organs of its utterance. There is always
goodly number of people who do not form eonclu-
sons with facility, or freely express their conyie-
tons when not regularly called upon to do so, and
therefore we ought not assume that there may not
be among the great body of the people some aver
sion to a compulsory contribution. In other words,
the sense of people cannot be known in advance
of an eXDressiOu from them.
The people of this commonwealth have erected
! safeguard against differences OF conclusions being
drawn from insufficient data. They political
unit and have a will. They have provided means
forts expression. No one may assume to know that
will until it has been formally expressed and not
even those who vested with governmental pow
crs may do it, The latter free to act in accord
ance with their interpretations of the public mind
but only within the limits of authority granted. If
they do more they trench upon the rights which
/ have been reserved to the people.
! The people have not expressed their approval of
| appropriations from the public treasury for other
1 than governmental purposes; nor have they dele
gated any person set of persons to express it for
them The fifteenth article OF the declaration of
rights provides, among other things, that
Every person in the state, or person holding
property therein, ought to contribute his proportion
Ofpublic taxes for the support of the government.
ton in the constitution. We do not stop to enquire
if the power to levy is derived from it, We at
once assume that the power is properly incident TO
/ government and may be exercised without specific
authority in the constitution But either view may
be taken without initiating against this argument.
The point make is that the declaration prescrbes
a Limitation upon the power to tax and mutdtis
MttaadiS forbids transportation of monies raised
by taxation TO purposes not strictly governmental.
This has been the generally accepted doctrine in
relation to similar provision in the national consti-
tuition by both the parties of Jefferson and Hamil-
ton and though not impertinent to consider little
the information derived from its discussion it will
not be necessary nasmuch the State constitution
is not SO broad in this particular. and is of itself
sufficiently clear and explicit.
1t is not in point whether the constitution be Of
limited or general powers the instrument itself
/ provides the purpose for which taxes ought to be
paid. That purpose-the support of the govern
ment-iS exclusive; ccprcsstua tdcu cesdrc tdcitun,
and if the natural import of words is 10 be taken it
follows that any appropriation of money out of the
public treasury for an object not strictly within their
/ meaning is unwarraned.
1t would seem, therefore, if the legislature has
authority to make appropriation for the exhibit it
I must be found in unequivocal terms elsewhere in
the constitution There are but two articles in that
| instrument where II may be sought, and they are
! the fifteenth and forty-third of the declaration of
] rights. In the former the only possible room for
argument is in the meaning of word, and that
/ word is government" Let us therefore examine
it as perchance may ascertain what it is in sup
port of which the people Ought contribute their
/ proportion of public taxes"
/ In the words of a late writer, Government is the
directing managing OF such affairs as concern all
| the people alike" John Fiske, Civil Gov. in the
L. S. and think no objection will be offered to the
] definition by citizens of this State.
1 The question which at once arises from this def
milton is, what are affairs which concern all the
people alike? But before answering let us premise
that there are comparatively few affairs which con-
Germ all the people alike while their name is legion
which in some manner may affect the people indi-
vidualIy and in lesser aggregations, but always in
( different measure. Among the latter are many
worthy and desirable objects, necessary it may be,
to the progrcss of people but they do not affect all
alike.
/ Some of the affairs that concern all alike
pu uishment of criminals enforcement of contracts;
I defense against common enemies; maintenance OF
roads bridges and waterways, etc, and some which
( do not concern all alike are the development of
special resources; endowme mt of charities; the pro
| lection extraordinarily ofmanufactures. commerce
/ or agriculture, and the like.
1t is unnecessary to set forth details to show that
an appropriation for the exhibit would not make it
a state exhibit for, even admitting the desirabity
of crediablc exhibit from the State it is evident
/ il would not even approximate the condition of
concerning all the people alike. We may therefore
reasonably conclude that an exhibit at the Worlds
Fair cannot be any part Of the government in sup
port of which the people in their political capacity
ought to contribute.
This brings to the consideration of the forty
/ third article which is as follows
tI,,
( fusion of knowledge and virtue, the extension oil
! iudcious system of general education the promo
ton of literature, the arts, the sciences agriculture
commerce aud manufactures, and the general
Moderation of the people
I We will not undertake TO particularze nor do we
assume to know exactly, what is authorized by this
article; but according to the terms in which it is
/ expressed it may only encourage certain objects
| which are very indefinitely described. What these
objects are aud how they may be encouraged by the
legislature questions which can be appropriately
answered only as particular measures may be
offered for the purpose
one of these objects, the extension Of judicious
system of general education" is supplemented and
made Ineligible by Article of the constitution,
which provides that the State shall establish sys
tenn of public schools and provide by taxation for
their maintenance.
Another, "the promotion ofagrculture." is supple
mented by article 10 of the constitution bat does
not authorize advertisements Vi my Ninu VI N'''
acter.
This is all the light reflected upon the subject
from the constitution but it is sufficient to prove
that the legislature has not the legal power to
appropriate public money for worlds fair exhibit
any more than it has the authority to place adver-
Using signs any description at all the crossroads
throughout Christendom. And the reason
First the State is political organism and nota
business corporation Its function is different from
that of lesser aggregaons 1t deals with the people
only IN their political relations Itleaves the people
free to action or inaction in matters not pertaining
to the government.
Second, every interest in the State capable Of
exhibition is local primarily private, and of right
belongs to individuals The State has nothing to
advertise. 1t has no interest which may be trans
ported subject to billsofading; and the only wise
exhibition it may make of itself is secondary and
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