The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-07-14

and municipalities which was sought TO be
stopped. though II was by such outra gees
whole subject as an appropriate field for /
legislative action was eliminated from the |
scope OF political power, This was done,
there has not since been even an ATTEMPT |
TO evade the clear prohibitions of the con |
stltusion OF 1S1o-B against the granting by
the state OF public funds or credit to mu. |
nicipsl or other corporations. individuals or
associations. or against authorizing such
grants by the political divisions Of the
state. But the terms Of these prohibitions
can not be extended to include objects not
within the evil contemplated except by the
violation of fundamental csnons Of on
struction.
LEGISLATURE VESTED WITH ALE
POWERS NOT PROHIBITED.
Bearing In mind the general rule that tho
legislature has all legislative power sub.
ject to limitations contained in the con
stitutlon of the United States and not pro.
hibited by the constitution Of the state;
and that these prohibitions are not to be
extended by implication to objects not
within the Evil aimed at, article 3. section
As, Of the constitution is here quoted:
The legislature shall not have the right
to levy taxes or impose burdens on the PEG.
pie except to raise revenue sufficient for
the economical administration of the gov.
eminent. In which may he included the fol
lowing purposes"-hcre follows an enum.
Grafton OF the ordinary functions Of State
government only, none of which 1t is
claimed would authorize the aid sought
II mas been supposed by some that this
was an attempt to define, specifically
every purpose for which taxes might he
levied or burdens imposed But. SO far
from this being correct INTERPRETATION. it
Is believed 1t Is not contended for by any
who have given the subject more than cAk
t saI attention a, at Is generally conceded
the following purposes" admits Of any 9TH
er purpose pertaining to the "admnlstra-
5 aSsen OF toe cS But as IN the
called unlimited powers Of the legislature
are implicitly restricted to objects OF gov.
ornamental administration In legal contem-
plation the effect Of the section Is not re-
strictive. but purely advisory
Inc objects for which the legislature an.
nuaIly makes appropriations that can not
by any sort Of construction be brought
within the enumerated purposes nrc nu-
merous; MS the support Of the Confederate
home the orphan and eplleptic nsvlums,
| house Of correction. industrial college for
! girls and the maintenance of the ranger
| force for other than frontier protection
-, the absence of some prohibition IN
| the constitution If the State, or Of the
! United States. 1t is understood that n State
| legislature has power to pass all such laws
ms NAV he deemed necessary for public
welfare or the protection Of private
| rights. Language Of Justice stavton.
speaking for The supreme court in 70 Tex,
| p. 269l.
| grade raising bill Of the suhcommittee Of
! judiciary COMMITTEES No. / Of the house
Twenty-seventh Legislature signed nv one
m,emhIe 1 only referring TO this section It
| purposes expressly mentioned serve only
| the purpose ut providing for them and
pointing out the character Of purposes In.
tended to he Included and that others
may he provided for II thcv arc necessary
for the economical administration Of the
government" to which II NAV hc added
and of their admiration TO that end the
legislature Is itself the exclusive Judge.
But It is not pronosod to dwell further on
this question, conceded even from the
viewpoint Of opposition.
A GOVERNMENTAL PURPOSE.
That within the purposes If government
in contemplation Of this section may. In
extremity, coDstitutionally he Included by
wise craftsmanship the security md
maintenance of the port of Galveston that
In the words of the preamble to the act
of April 10. 1901 the agricultural com.
mercial. manufacturing, mining and stock
raising interest of the State require the
speedy protection of said city and port
through which so large part of the com
mercial intercourse of the State with 9th
er States of the Union and foreign nation:
is conducted, and which regulates tho
freight tariff of so much lager volume
. of traffic, would scarcely be questioned a.
an abstract propositions; and that sucf
function would properly be exercised b.
, the legislature when needful, even with
out the sanction of the enabling clauses
. in cases OF public calamity" Is so clea
/, a proposition that 1t may be left to TN
! force of suggestion without trespassint
on the limits proposed at the OUTSET o
: this discussion. Cooley In his work oil
|
and coo, concisely states the rule as fol
lows: What is public or governments
purpose is for the Legislature to say;
a infringe on the implied prohibitions of tn
provisions OF the constitution governing
" the powers Of taxation,
e lected by general laws and for publ
o purposes only"
e But as whether the purpose contemplat
i ed is a public one is only another form o
$ the inquiry whether the protection Of til
itt a mot per- perceived that the objection de
!, rives any additional force from mere oil
II section / Of the same article. ''raxf
: ton shall be equal ANA uniform is a.
Il verted TO only TINT 1t may not seem !
/. and as proposed contemplates no chang
1t In the rate OF taxation The. same tax
l. collected In Galveston as elsewhere, II
i not. as charged, turned back to the part
q The proposed bill is not In violation {
d article 8, section As. of the Constitution
T. because the taxes which are donated
the CITY are levied and collected under n
" general laws for the administration of n
lie government and the power 10 appropriai
d the money for Galveston comes under III
II calamity clause Of the Constitution.
"a PUBLIC CALAMITY
Z There are two sections Of the constit
IN ton expressly authorizing relief by IL
!, state In case of public calamity. Und
"A article 8. already referred TO, section
reads as follows
lie .yThe legislature shall have no power
e. make any grant or authorize the inakii
IN Of any grant Of public money TO any Inc
vidusf. association Of individuals, muI
cipai or other corporation Whatsoeye
provided. however. the legislature m;
al grant aid 10 the establishment ana maj
= tenance OF home for INDECENT and d
abled Confederate soldiers or sailor, w
ne are or NAV be bona hde residents OF Z
ne state OF Texas. under such regu auo
he and limitations MS may be provlnel
= law: provided that such grant shall .
10 exceed the sum OF 10000 for any o
al year. and provided further. that the pl
v, yisions Of this section shall not De CO
"a strned so as 70 prevent the grant OF
Gu a. case Of public caIamity."
he ~ an ~ article y. on fnN1fl