The daily times., 1921-10-11

made by one county OF the state Is
reflected on the market when other
counties desire to sell securities. "A
Limitation beyond which
no county may go would insure the
solvency of our counties; enhance
their credit and do much to remove
an apprehension that now exists III
the minds OF many persons of large
property, that we are in danger OF
overstepping the mark and making
our tax burdens too heavy. Such an
apprehension does exist and it is not
altogether groundless, and it should
be removed and will be removed to a
very considerable extent by the
adoption of some limitation upon the
power to issue bonds.
1T is with the state problem, more
especially. rather than the county
problem, that we are at present con-
cerned and should deal.
IF those who are interested in the
out the state are determined that
system shall be built. they must first
bring about a change in the funda-
mental laws of the state.
AT the last session of the General
Assembly a bill to amend the consti-
tuition along these lines was intro
duced, but defeated. This bill in
substance, provided that the General
Assembly should not issue bonds in
excess of per cent of the assessed
valuation of the property of the state,
but that as to bonds SO issued, the
General Assembly for the purpose of
paying the interest and principal,
tshould have unlimited taxing power.
The bill was defeated for reasons uh-
necessary to discuss. Unless and un-
| til such a bill is passed and then
adopted as a part of the fundamental
law, the road building program of
the state will be handicapped and if
one may say SO, limp along
II will not undertake to work out
Ia workable scheme in principle I
realize the fact that any plan will
probably be subject to many objec-
tions and that when it was finally
worked out, if at all, it would be the
product of number of persons and
that ils author would hardly recog-
nize it. There could be no objec-
tiOn to it upon this ground Most of
hal
passed are the result not of the work
of any one person, but the work of a
number of persons. They are usual.
ly arrived at by a system of giving
/ and taking, compromise if you please
We have the very highest authority
for this. The Constitution of the
United States, which is the oldest
Constitution in the world, is nothing
but series of compromise. There
is hardly clause or section in it tina,
is not the result of compromise Some
one has said that no one man has
lever been great enough to rule over
men and certainly no one man has
ever been great enough to write stat
utes or constitutions which should be
adopted without change.
"In dealing with this, as in al
things, we must be sure not to mi,
things up. What I have in mind i.
this: Let us ever keep in mind the
vast distinction between constitution
tal and statutory enactments. Consti
tutional enactments should be broad
should avoid dealing with details
should consist in the enunciation o1
principles. The amendment as in
troduced was almost ideally worded
Details are properly matters of z
statutory nature and should be dealt
with as such. A great deal of oul
constitutional difficulties are due te
the fact that instead of adhering te
the idea of the first constitutional
craftsman, those of the latter part OF
the eighteenth century who drafted
the Constitution of the United State:
and the Constitutions of the origina
states, one of which we are, and who
had given more study to this question
than perhaps any other men who have
lever lived. we have departed from il
nd in our late constitutions are prom,
to go into details, and put statutory
provisions therein.
: "One more general statement as to
state bonds, which is as applicable tt
highway bonds as to other bonds: We
must in the future abandon the idea
heretofore existing in this state, OF
issuing long term bonds with nc
thought or provision for their retire
ment. Our bonds in the future must
be serial. We cannot continue to pile