The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-01-27
A VERY IMPORTANT RULING.

a VERY lMPOREANE RDLINGs
This is a time when the people of
Utah ought to calmly and inpartially
consider a question which IS likely to
form a root of dissension and bring
forth buds of bitterness in the common
wealth about to be permanentlytestab-
nshed here. 1t is that of the right Of
any government, local or national, TO
use public money for anything but a
public purpose.
To some people this may appear so
plain matter that 1T needs no de-
bate. 1t looks like an axiom that pub
lie money must be devoted exclusively
to public uses. But there. are many
persons of sound mind and great ex-
perience who do not accept the rule.
It is. therefore, and no doubt will be, a
subject of much discussion.
It is for that reason that we call
attention to a recent decision by the
Court of Appeals of the District of
Columbia bearing on this question. It
is not final, but will go to the Supreme
Court of the United States, where there
is little doubt it will be affirmed. There
nave been several decisions from States
courts which agree that state taxes for
private uses, profit or benefit, are I'M
constitutional But this is a decision
in reference to the powers of Congress,
and 1T is to a similar effect as to prin-
ciple through reaching higher as to its
application.
The sugar bounties provision of the
Mckinley law are declared unconsti-
tutional. Congress. 1T is declared, has
no right to levy a tax for the benefit
of a private person, or to take the
property of all for the benefit of one,
or of a selected group.
Protectionists and bounty advocates
cannot find anything in terms in the
Constitution to support their position;
they, therefore, seize upon the ttgen-
eral welfare clause to cover that de-
ficiency. On this Judge Sheppard, in
delivering the opinion of the4court,
said:
eff it may be for the general well
fare of the United States to encourag sc
-, f1,a IF
a bounty, it is hard to conceive why
the producers of corn, wheat, cotton,
wool, coal, iron, silver ore, etc, might
not be paid a bounty also. If Congress
be conceded the power to grant subsi-
dies from the public revenues to all
objects it may deem to be for the
general welfare then it follows that
this discretion, like all admitted powers
of taxation, is absolute. Such a, doc
trine would destroy the idea that this
is a government of delegated, limited
and enumerated powers render super
fluous all the special delegations OF
power contained in the Constitution,
and open the way for a flood of social
all of which has ever been the general
welfare
The reasoning in this paragraph is
fairly unanswerable. 1t strikes at the
root of the evil which is being planted
in the governmental field. The diver
sion of public funds to further private
ends is excused under various specious
pleas in the interest of moneyed corpo-
rations But it will not stand the test
of competent judicial inquiry. 1t is
wrong in principle, 1T is a, prostitution
Of the powers of government, and how.
ever 1t may appear to be justified by
certain exigencies, it will be found in
furious in practice and detrimental to
the public welfare.
The decision is very timely. 1t will
serve to check the tendency of legisla-
ton in the interest of private concerns
and should act as a warning to local
bounty agitators. 1t sustains the posi-,
ton taken by The Herald on this i'm.
portant subject and is in harmony with
every state court ruling on a similar
question. The bounty system is in its
last struggles: the end is near.