The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1899-02-21
HousroS, TUESDAY, FEB. H. 1900
TEN PAGES TODAY
THE LAWS UNCERTAINTIES.

few years ago through the agency OF
n new supreme court. or rather the selec-
tion of new members of the court, the
cities of Texas suddenly had their street
and sidewalk improvements checked and
they have felt the effects on progress ever
since. Mississippi, through the same
agency, a new court, is about to find indus
trial activity and investments stopped
within her borders.
1t appears from the comment of our
contemporaries on the other side of the
big river that in June last the Mississippi
court decided that the constitution of 1869
did not exempt manufactures from taxa
ton, although 1t had been from 1869 up to
the date of the decision popularity so sup
posed, had been so declared by the supreme
court itself and had been so acted upon by
the legislature, Now tho State revenue
agent is engaged in forcing a payment of
taxes by those corporations that have so
long been believed to be exempt. The
back taxes are demanded and these accu-
mutations of obligations are not only heavy
burdens In all cases, but in some instances
amount to confscation. The Mobile Regis
ter, discussing this unfortunate condition
of affairs, truthfully says
The effect of the decision must be far
reaching and most damaging Mississippi has
been dislinctively an agricultural State anl
owing to this fact has naturally beca re-
t dn IN her develeo g Y the pas, two
manufactures at home those products which
are hers in abundance. This has given
developed much that was unproductiye and
caused the placing Of thousands OF dollars
In home industries. The courts decision,
however. falls like wet blanket upon this
FIRE of enterprise aud threatens not only TO
extinguish IL but to exact n heavy penalty
from those who have exhibited enterprise.
Nothing more unfortunate for the hopes Of
Mississippi could havo happened. II Is viz
tually n violation of n contract and recalls
TO mind another incident in the states mis-.
brought about, has been crystalize1 In the
public memory to M!ssisslppi's dscrodit
Unless Mississippi shall right this wrong
and retrace this evil step. progress and in
vestments In that State will cease. Tho
policy was questionable ono in the first
instance, but having been adopted Il moral
Il not legal duty rests upon the State
to see that investors do not suffer through
the capriclous judgment of the States
courts.
The trouble arises In all such cases
from the desire OF some new occupant of
the bench to display his ability TO split
hairs In argument, or to create sensation
that will attract special attention toward
him. He wants to become famous ut Il
bound, and proceeds to cut and slash pre-
ccdents with what he imagines will i'm
press the public as profund legal acumon!
He brushes away the accumulated wisdom
of library of law hooks with nm assump
ton of superior profundity that 10 as anus
ing as 1t is revolutionary and dangerous
and winds MP by imagining he has done
something "smart' when he has only dis
closed his freshness and shallowness.
There ought to be some means OF CIV
ing greater stability and uniformity TO tbs
decisions of the higher courts, or the judges
should be changed less frequently. Dis
regard of precedents and conflict of de-
cisions have created immeasurable CON
3 fusion losses and injustice in nearly every
state OF the Union--Texas prominently
ta