The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-07-14
EhORIAL OF GALVESTON.
the Democratic State Convention and the
Twenty-eighth Legislature.
view of Constitutional Provisions Affecting the
Dover of the State to Extend Aid to the City
of Galveston to Prevent Overflow.

,.,,r,ne memorial of the city OF
% the state convention and the
-, ,.,s.Iature. being an argument IN
- the proposed aid to the city by
49, taxes for fifteen years to AID IN
',ssa,lcn of the city for the prevention
s,sov. was prepared under the aus
~ deem water committee;
!. 80 often the case In the discussion
,nuc questions in the United states
snsst,on of the right or power OF the
.ld the city Of Galveston In pro-
ootIou against calamitous over |
1 rom the gulf involves considerations
ssal and political, both OF constitu-
law and public expediency.
ANS nroper to say ut the outset, to
,ho voy. that it is the purpose of
memorial to present the argument on
,,p,,oual law. ana not those considera-
Of a purely political character affect
|,be wisdom OF expectancy OF the pro-
\ measure. except in so far as they
incidentally occur or seem pertinent
M Of the construction of the constitu-
itself In short, no attempt is here
4 TO convert those who oppose such
\ TO Galveston per Sc; but only, taxing
{stafe NJ large as correctly represented
In almost unanimous vote OF its repre-
ktlye men, both in public and private
4 10 the effect that there is genera
n 10 grant the necessary aid If 1t may
Iitur,opally be done, to fairly present
sIderatious that may tend to releNe
In doubts on this score.
{nstitntiopai questions, however, are
4 "a he solved merely by the application
technical rules of legal construction,
In these have their proper ofnce In
relation, but such questions require,
4 their Just determination the aid OF
&der considerations, with which, hap
Tor our country, the citizen is made
klisr nv beng constantly accustomed
{pal with them in his political capacity
N the sanction attnching to individual
xcnsibility. As legal accuracy is or
Importance 1t may be possible to es-
offending the good taste OF those
are not lawyers by something or tedl-
M and prolixity. but II an honest eff
mas been made to avoid such offense
|candor OF the reader must be relied on
tueye a difficulty inherent In the sub
4 cAryBsToN's PROPOSITION.
nroposition on behalf of the city IS
Esame as submitted to the Twenty
legislature, and Is to be effected by
amendment of the act OF April 10.
and the donation of state taxes paya-
by the county of Galveston, except con-
tional reservations for school purposes,
period of fifteen years, to aid in rails
the graae Of the city. A brief sum
OF the act is as follows: Caption.
n act TO aid the city of Galveston in
ting and raising said city so as to pro
II from calamltous overflows by donat-
ind granting 10 II the State ad valorem,
a part of tie occupation and poll taxes,
cted on property and from persons in
eston county, for period OF hrteen
and to provide a penalty for their
ppllcation."
preamble recites the loss OF life and
uctlon of values by the storm Of 1900;
that the agricultural and commercial,
bfacturing, mining and stock raising
ests OF Texas and Of other States and
itories, seeking an outlet through the
Of Galveston, require the projection
bid city and port and the inhabitants
|of from calamitous overtlows.
etion / declares that for a period, OF
Years from September l, 1901, there
donated and granted by the State of
Is to the city of Galveston" net col
bns from ~ State ad valorem taxes
foperty In the city of Galveston county.
tate ad yalorem collected from railroads
ayeston county. 80 Three-tourths OF
occupation taxes in the city. az Pol
In the city, except that belonging
hool fund.
tion 2 provides for separate assessment
for property In the city and county
on 8 that the comptroller shall kteI
ate accounts of taxes collected In tbs
Section L. for monthly reports tc
troller by State and county collector
nounts collected and paid over to city
nrer. Section B, for monthly reports
ty treasurer TO comptroller, showing
received. Section requires municipal
PIties TO make annual reports TO gov
and comptroller of amounts received
disposition made Of same. Section pro
The moneys herein granted ar
ed 10 the city OF Galveston as a fun'
the city In paying the interest AM
log sinking fund upon an Issue o
OF bonds, the proceeds Of which ar
used exclusively for the elevation ant
9 Of the streets, avenues, alleys, side
~aN iVls VI NilN dDONt
oWs, and for securing and protectin
hlling' And the use Of the money 70
other purpose is made criminal.
Would be difficult to devise Legislation
adapted to secure the ends In view
ore carefully guarding the dispositio
FUNDS to be realized; or that, IN tn
Use Of constitutional power to did Il
g visited by great public calamitles
be at once 80 benefcent to the plac
De0nlQ m Il 10 oil on nd q
suoservient OF the interest of tn
a large In the maintenance, In III
sned vigor. Of its principal seaport q
ent regulating power In the transpo
b problems 30 vitality affecting at
atule: commercial, manufacturin,
and stock raising interests" Surel
very certain warrant must be show
% charge that Texas is so ecu
OF falr proportion" as State tbs
not deal In this manner with eme
put is restricted to matters of rol
legislative administration; that NJ
eAist the broad fields of statesman
tne mountain ranges of const
~ jurisprudence; but that Its clail
vainess must rest alone upon II
ana wisdom of Its dead heroes an
~ ~. OF tne FOWLER one OF the vas
governments, deriving their poy
aons Of the constitution Of the Unite
nn nave al the legislative powers
tr,,a1s not prohibited by their ON
r NJ. And those prohibitions ha,
ceen considered as adequately c
q IN the "Blll OF Rights" whi,
'utss The first article in the cons
~ every State IN the union. ri
snaole rights" e"'''
t,onssre the powers snd such only II
ana q the government Of the !
eo ru tae state. prior to the adopti,
or OF CONVENTION OF 1873.