The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-03-04


system of government and opening
the way to the grossest abuses. the
worst kind of jobbery and the most
reckless extravaganza.
The Democrats in the Legislative
Council performed their whole duty as
guardians of the peoples rights and
the peoples money They were clearly
overcome by numbers and not by ar
gument. It was an issue of power and
not of principle. 1t may be, however,
that both power and principle will be
exercised in combination to defeat the
movement.
AS to the legal aspect of the contro-
versy, Hon. p. L. Williams presented,
some conclusive citations from the de-
cisions of courts, which We're not met
with anything but persihage and airy
assertions. A few of them are as fol-
lows, and they should be carefully con-
sidered by all persons who wish to
understand the principles in the con
troversy:
In January, 1871, the Legislature of
Maine, under a provision of the con-
stitution of that state, submitted to
the Supreme court for an opinion and
advice, the question whether the Legis-
lature had authority under the consti-
tuition to pass laws enabling towns by
gifts of money or loans of bonds to
assist individuals or corporations to
establish or carry on manufacturing
of various kinds within or without the
limits of such towns. In reply to this
question the judges of the Supreme
court were of the opinion that the
Legislature had no such power, and
presented their views at great length.
Amongst other things the Chief Jus
tice. Appleton, and Justices Walton
and Danforth uniting. said:
AS the proposed gifts can only be
raised by taxation, the question really
las, can the legislature constitutionally
authorize towns to assess their inhabf-
tants and collect the same for the pur-
pose of giving the proceeds to some
favored manufacturer or manufacture
ling corporation? And as some of the
inhabitants may be indisposed to such
generosity, the inquiry will arise.
whether the legislature can authorize
the majority by vote to give away the
estates of the minority or any portions
thereof not merely without but against
their consent?
Taxation by the very meaning of
the word is for public purposes, and
for those the right of the government
to impose taxes is unlimited. Taxes
are the enforced proportional contribu-
ton Of each citizen of his estate, levied
by authority of the state, for the sup
port of the government and for all
of the citizen, taken from the citizen
by the government, and they are to be
disposed Of by it.
THE general benefit to the commu-
nifty resulting from every description of
well directed labor is of the same char
acter, whatever may be the branch of
industry upon which it is expended. All
useful labors, no matter what the field
of labor, serve the state by increasing
the aggregate of its products-its
wealth There is nothing of a public
nature any more emitting the manu-
facturer to public gifts than the sailor.
the mechanic, the lumberInan OF the
farmer Our government is based upon
the equality of rights. All honest em-
pigments are honorable The state
cannot rightfully discriminate among
occupations, for a discrimination in
favor of one industry is discrimina-
ton adverse to all other branches. The
state is equally to protect all, giving
no undue advantage or special and eX-
elusive preference to any.
"Such law may be for the benefit
of the donee, but it cannot be for that
of the people. Grant this power to the
legislat ure and let it be exercised, and
all security for property is at an end.
The motive to acquire is destroyed. The
enjoyment of possession is taken away.
The power to protect is gone.
In a separate opinion Judge Dicller-
son said:
s'The argument in support of the con-
stitutionality of such a law is that the
establishment of a business of manu-
featuring in town or city promotes
the public prosperity, by increasing the
value of private property, inviting in
Icapital and population and furnishing
employment for the people. The direct
purpose of the proposed law is private
in it's character; it is to increase the
means and Improve the property of
some. and furnish employment to some,
while the benefit, if any, to the public
lis only reflective, incidental and SEQ
Iondary. Can tax be constitutionally
Imposed by municipal corporations to
load the tables Of a few with bounty
that the many may partake OF the
crumbs that fall therefrom?
Another argument in favor of such
legislation is that certain existing To-
cal enterprises will not be self sup
porting. and that certain others will
not be established, if such compulsory
aid is not furnished-an argument in
conflict with the theory that business
that cannot stand alone might as well
not stand at all, and that the law of
demand and supply is the safest reg
nlator of business. But does the ina
bility of A, to carry on or establish
manufacturing, afford any constitutions
al ground for taxing b to help A do so?
Besides. what guaranty is there that
AS business will be self supporting
with one installment. of BIS property,
and that he may not call for another
and yet another
To exact such tax is to compel A
to pay a bounty to B for BIS private in
terest on the ground that B's use of it
may secondarily result in some indefi-
mite benefit to A. Such a tax lacks
the distinguishing characteristics of le-
Ultimate taxation-a public purpose.
Justice Barrows, in his answer. said:
ut is against common right and be-
yond the legitimate sphere of legisla-
ton to raise, under color of taxation
any sums of money except those which
are required to promote the appropri-
ate objects for which the government
was instituted In fine it is a principle
that lies at the very foundation of all
legitimate exercise of the power of
taxation that the revenue shall be
raised for public purposes alone. and
not for private profit and advantage.
This alone makes the distinction be-
tween lawful taxation and public plum
der But the subtle and sophistical ar
gument of those who are seeking their
own private advantage by the use Of
the public purse is, that the successful