Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1893-02-15


the object WAS not for corporate purposes,
but TO aid private parties to erect coppei
plant in this city. This cannot DO law
mlly done, Of hcr directly or Indirectly.
II 10 mo- permissible under the common
law ~ America aud IL forbidden in eN-
press aud oxplici, terms by tho statutes
Of tho Territory.
In Dillon on Municipal Corporations,
vol. |, sec. b0s, the common law OF Ameri-
en- on this subject Is expressed in this
language;
"Aflor tho numerous judgments OF
cours OF tho highest authority 10 thai
effect Il may be regarded ~ soti
doc rine Of American law that no tax eau
be authorized by the legislature for any
purpose which N essentially private, Or
TO state he PROPOSE ion In other words,
for any but public purpose
Among the humorous cases cited by
the author In support Of tho text many
were decided by the supreme Court OF
the Uni ed States. In section i5D of tho
zane volume tho nu hor further SAYS
"The doctrine that private enterprises or
objects cannot DO aldot ~ thNatioh - -
fundamental thai II cannot DO dcniei or
diAfegarded without unset ling tho nun
dulDn. OF individual rights, without
recognizing l. gislalivo omnipotenco over
pfiyate propertv or the irresponsible des-
potisnl OF d local majority and unwisoly
openinR the way tor frauds aud abuses
which. In view Of the past, cannn. DO
con en- plated without doep anxiety
Judge Cody, an aul'or " pre-Ominent
ability, ia hia work ON taxation, y. l26.
announces tho same doctrine In his
Language: at may therefore DO safely
49, Or ed that taxation for tho purpose OF
raising money from tho public 70 b.
given or even loaned to private paroles,
IN order that they may use II In their in
dividual business enterprises, IL not
recognized ~ an employ ment OF tho
power (of taxation) tor public use.
''In contemplation Of law IL would be
taking the common property OF tho
whole community aud handing II over to
prlvae parties Tor thoir privalo gain, and
consequently unlawful. Any incidental
bcnehi- 10 the public that might dow
from Il could not support IL ~ legitimAio
taxation"
on rage ilS, on this subject, no says:
"All useful laborers, no matter what tho
field Of labor, serve tho state by inciuas-
ing the aggregate OF its products, iis
wealth.
''rhero Is nothing Of q public nature
any more emitting The Manufacturer to
public gins. than the sailor, tho mo.
ohanio, Tho lumhorman or tho farmer.
'Our government IN basoi upon
equality OF rights. Tho state cannot
rightfully discriminate among occupa-
ti0ns, tor a discrimination IN favor Of ono
branch OF industry isa discrihitnalion
adverse 10 all other branches. Tho state
h equally to proioci all, giving no nnduc
advantage OF. special Or exclusive rfoier-
enco to any,
In note no adds "taxntion In mid Of
private enterprises Is properly character.
lied by Dickson !, In opinions Of Justices
rs Me-, 5pO-GO3, ~ taxation 10 load tho
table Of tho few with bounty that the
many may partako OF the crumbs that
fall therefrom.'n Suppose that tomDr-
row application should be made to tho
Council to appropriate $4,000 TO purchase
land to enable, as In the present case, tho
owners OF tho land 10 donate IL In aid OF
private enterprise Of more Importance
TO tho prosperity of the city than the
present one, and that on the following
day another like application In aid of a
private enterprise u still more import
ance than the last should be made, with
what show of Justice and equality could
the Council deny such npplicationsG l
make these Huppositions 10 direct your
attention to tho danger OF tho precedent
which such purchase will 90 Rblish.
Its danger, II tho electors Of tho city
should ia the future ever be so uniortun-
alto as to place In power Council less
cautious, wlso and incorrnptlblo than the
present one, or ono more yielding TO
popular demands, for tho exercise of
powers ultra Utrcs or ono Sill more skill
inl in ovading and getting around funda
mental principles aud plain provisions of
the statutes Of the Torn DRY, established
and passed for tho protection OF the peO-
pie, against municipal infractions OF
common rights, IL too manifest 10 dwoll
upon.
rom the doctrine announced in the
authority from which havo before
quo ed, that tho Legislature cannot lovy
u tax for the purpose OF aiding private
enterprise, 1t follows that money already
raised for general municipal purpose
cannot bo, directly or indirectly, OK
pended except for corporate purposes.
And IL the appropriation DO Viewed in
the light Of n loan II IN still Illegal, h0-
cause the city has no right to collect
money by taxation for any such purpose,
or 80 use any money legitima,ely raised
for corporate purposes. II ~ equally
clear that tho city cannot lawfully buy
real estate ON speculation or for any
other than tor public uses. Tho Legis-
latur0 has not lett these Limitations to re,t
ON the fundamental doc rin0 OF tho com
mon law OF america on the subject, but
on the contrary very wisely onac Cd
them in tho charter of tho city. In
article Nv, section | OF tho charter, lto.
Nir'u oNNutcs VI 49, f"b' "-'i ~ - wa
nctod:
"The city Council shall have tho fol-
lowing Dowors; To appropriate money
for corporate purposes only"
This provision IN IA torso and plain rs
the eighth commandment. There ~ no
room for tho claim of ambiguity ~ an
excuse Tor It's violation.
Tho lnyalidity of the appropriation IL
oonolusively admitted In tho admission
corporate purposes" our oaths ~ the
trusted officials of tho city should restrain
us from 80 ilagranIly violating an act Of
tho Legislature, 80 plain, independent OF
tho consideration OF the danger of such a
precedent. Tho action OF the Council l.
Illegal because II delegates TO tho trustees
namod the power TO expond the money
appropriated in the purchase OF roal
estate. This IL power which the Coun'
ell cannot delegate.
Tho section Of the charter before quoted
vests the City Council with the power $40
purchase, receive, hold. sell, lease, con.
voy and dispose Of property, real and
personal Tor corporate purposes only.
The purchase OF real property for cor
poTate purposes calls for the exercise Of
discretion aud Judgment on the part Of
the Council, not only ~ 20 whether the
real estate 10 be purchased " needed for
corporate purposes, but whel her tho land
TO DO purchased N sui ahle for that pur'
pose and whether the price Is reasonable
and fair.
ON this subject Judge Dillon lays
down tho doctrine in this language!
"rho principle IL u plain one, hAf he
public powers or trust devolYcd by law
or charter upon tho Council ~ governing
body when exercised by II when and IN
such manner ~ II shall Judge best canuut
~. -. A q.