Semi=weekly graphic., 1899-08-23

we any law aubh0rlZlng the f0rma- tion of taxing district to construct and operate an electric car line?
 If we have such authority 1t must be found in Section 27, Article 19, of the State Constitution, which reads as follows: Nothing in this Constitution shall be so construed as to prohibit the General Assembly from authorizing assessments on real property for local improve ments in towns and cities under such regulations as may be pre- scribed by law to be based upon the consent of majority, h value, of the property holders owning prop erty adjoining the locality to be affected. l was held by the Su. preme Court of the State in the case of the City of Little Rock vs. Katzenstein that the above proyis- ion of the Constitution applies to any property adjoining or near the improvement, which is physically affected directly by the improve ment to a degree in excess of the effect upon the property ia the city generally. It would be demon 8trable mistake for the city coun ell to put Third and Fourth avenves upon neither of which street car line could be constructed, into district with Fourteenth avenue, upon which you might construct car line.
 The property taxed must be in the locality effected by the inn provement. In the language of the act establishing the improvement district, it must be 8 local i'm provement oe a public nature. It is we'll established principle of law that you cannot tax by implication, but you must have direct ana specific authority. The charter laws of the city authorize the form ation of a taxing district for light ing plants, sewerage, waterworks, paying streets, etc., but it nowhere mentions street cars either ex- pre8sIy or by implication. In strict application of the law it has no statute upon which to stand and is repugnant to the Constitution itself. A street car enterprise is purely prospective, whose losses may largely outweigh it's profits and in the end possibly result in the condscation of property. Evi- dently in that event if is not an improvement, and at best from legal point of view, but public convenience for rapid and easy transportation
 Gen. H. King White was the next speaker to address the meeting. He said that he eoncurred in the views expressed by the city attor- rey that an improvement district to build and operate a street car line, was not authorized by law, aud without express authority. The authority could not be implied and while he favored municipal owEer ship of all such franchises he could see no way out of the present situ ation except to wait for the egis- lature.
 He strongly urged the Commer- cial League to take steps to or ganize car-building establish ment, cited the fact that every such an enterprise in the country was making large money and that the opportunity here was better than anywhere in the country He call ed attention to the fact that it was through the efforts of the League that the largest saw mill plant In Arkansas, the Sawyer & Austin, was being established at Pine Bluff, and that millions of feet of rough lumber, in little while, would be manufactured, shipped away and sent back here in the form of freight aud passenger cars, furniture, etc.; and urged that the League take advantage of the sltua-