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

sisted ut every point--a very different prop
strange, indeed, the comparison the citi.
zens NJ so many OF the States OF the Union
have SO often had thrust upon them be- |
tween the yigor and promptness with which
Federal powec, though limited and enumer-
ated, Is constantly asserted aud enforced, |
and the technical Quibbling 40 frequently |
resorted 90, to excuse the failure 10 assert |
and maintain the Legitimate functions ana |
powers OF original state governments, do |
rived 1irecily from the people, and thee. !
reucally at least, charged with all the re- |
sponsihilitics and clothed with all the dig. |
n!ty of unlimited governmental powers
save where specially delegated or re-
served.
Under the constitution of ls4S. framed
by wise men and able lawyers, with niue
advantage OF the study OF all STATE gov
ernmcnts that had preceded II. said by Mr.,
Webster To ne the best constitution ever
written, the State had an undoubted right
10 grant. In the promotion of the public
interest the relief asked IL has IL stu,
unless this power has been Withdrawn by
the provisions OF the constitution quoted,
namely: Section 81, article 3, prohibiting
grants from the treasury. not, however,
to apply to cases of public calamity, and
section 10, article s, forblddlng the release
OF axes. unless in like event. From TINS
point of view the Idea that the burial Of
the dead aud ministering 10 immediate
physical wants, is all that was intended AZ
together vanishes, For the state possesses
ceptl0n, the same power 1t did aforetiine'
which was plenary. That power has
neither been taken away from II. nor has
any limitation appropriate In this connec-
tion been Imposed on It's exercise.
The prgumont In favor OF the construc-
ton Of temporary relief only IS rested py
Its advocates on TIE opportunity uiuer
ent construction would ofrer FOR abuse OF
the power II Is known among lawyers
as the argument inconyenienti. or that de-
rived from TIE supposed hardship or IN.
lou
admissible except In doubtful cases, and not
to be resortcd to then except with the
greatest caution. II Is surely inappllcapie
to import limitation when none Is eitn .sa
enorInity? Merely that the same constitu.
tional power 10 deal with public calamity
exists now as existed under the constitu'
tion OF lSsb.
The express exception OF cases of Pablo
calamity from the prohibitory provisions
as TO legislative aid has, however, sno'ner
aud most important erect. II Is IN eA
press recognition Of the pupnc or govern
mental function involved In the extension
| OF such aid or relief, thus placing tne
| tundameptal proposition on whlch sthte
action should rest IN any case oeyonu Vne
| nnle of controversy In the particular case.
/ Though as suggested before. IN the case
of the city and port of Galveston such ala
| is entitled. independently OF these eNeep'
tons, to be regarded as puotc I ,uD, 'iV ~
and the power as righuully exercised III
! tho interest OF the whole state 90 tne
| ground Of the maintenance OF the port
/ Without delay or impairment IN lts security
and the restoration OF conhoense, rVnel ~
utInc 10 the cheapening OF transportation
that there are no sound legal objections
to the relief most earnestly ana respesc,,,'
| tuny asked has been, II Is believed sum =,
GENTLY shown. And. II need he, there u
tna Guaranty of good fnith In It's adNo
cacy arising from the fact that ~ is aHh ,
tho Arst and last proposition mace ny 20.
weston; that It cnn only pear Iru,. " , [
nerotiotion of bonds based on IL pei"I'
the issuance OF wnlch IL Auue'
closest legal scrutiny. - law
1Shc legislature should only make law
for tho public; only dispense uone! ~.
nuh,ic nurposes should only Impose taNe'
-, hnrdnns FOR like ends hut Whht IL 10
m, nuhjic good and what are punt PG ga
noses are questions the legislature mus on,
eide for itself on its own 1uu u u,,n, ,,,p
n.Itb respect TO which 1t is vested Win !
lorre discretion. uncontrolled by the courts
and responsible alone to me peppie' ~
we'll said by Mr. Cooley When we -, -
, AS exercised is legitimate IN lts GU" rm,to
, tbo CONT can enforce only those hu' W.
,'nns which the constitution imposes no
those ,mpiied restrictions which, resting o
theorv only. the people have been sasis NV,
to leave to tho 1uaguen.o, rpesontatiyes.'
acain the Federnl government INC cou,
= try ne city and the people OF Is't ram
= nave done their part Wha' WIN
/ DOR - +be long and har
a .tIcio that lies before II for yenss
A come but also knows It has uue9u nv en-,
. vantages as the great s tarp country II
iv it,ortunes have welded Its people tosetni ~
! IN union Of strength. bound tnelh Nov No,
a civic pride that assures 1Hsu an bonorabl
II and to the city, ana us peoP'e a." -
!; mud successful future. - l., o.dor out
,; Galveston has put her house IN o tust, bo
= whiting the past behind her, settne al
lace to the front ana her tb ,cep generous COZ
@ ~, received In her extremity 1sen
,, hopeful. she asks, as dld ths ev sat
u merchants Of the governor u ouT INN nm
!, nj tho hnZnr for the rehel oi hc' VA
u 'What will Texas dor r. a,o,, flo,
n posnintion of the Texas Bar nssoclatl Nv
g nnenimousIy adopted Mt It's meeting w,
l. IN Dallas July 3. 1867 approving pr9pose
r XIII and affirming its constltntlonhiltS.
5. Rcsoived' That the state of Texas be n
d t. berchy requested to allow the CITY nv
e. comfy Of Galveston TO use the sthtG ta ~
y nvcoot school taxes. TO he conectcu IN VI y
= county for the next thirteen years, lol
y ing the grade and for other PROF. II,
a Works that will insure the satsT s 9t M
II n being the Judgment OF thls assocln .,., y,
= that such remission Of taxes IS nIumo. q T.
$ by the constitution, ana the Inen1 ~ t,te
% lns a. 20 tbe end TINT rs commerce al
Ne ~ lives and property Of it's citizens ms
he protected, as n matter OF pnpsG, oAp
70 diency the relief should ne ern"'eu
u "A STATE NECESSITY SAYS ia
$. NEW YORK COMMITTEE.
l. Extract from report Of thirty memne
u Of the Merchants association from Ne
York. printed in book form, VINO VISIT
l. rexas as the guest Of committee repi
Is senting the State. appointed by the speak
!. Of the house OF representatives at the Ia
n session Of the legislature
y Your committee begs to urge one otn
" thought upon the people Of the Lone 81
/, state. the Importance Of rebuilding thu
d grand seaport. Galveston. Nothing wou
" result IN greater profit to the great co
,e monwealth than providing Galveston wi
some positive means OF placing her beyo
ID disaster from storm. As our beautiful ~
IN Dor Of New York is absolutely necessary
a New York State, so is the port OF Galvest
IL absolutely necessary to Texas. Help Dul
her up. As she grows 80 will the State
IL crease In wealth, prosperity and hap
Z. ness" Respectfully submitted,
cr VIM. 7. Austin,
C. Chairman Board OF Commissioners Of
ne City OF Galveston.
ut County Judge Of Galveston Count
IL X. Waverlcy Smith
Is Chairman Galveston Deep Water Comm