Year: 1873

years, and that the land shall revert an,


the fee shall invest in the county upor
the corporation ceasing or abandoning
the use of its road, still the transaction
amounts to a donation Of lands to tn,
corporation. have searched in vain 3,
find in II any provision which secures Of
even contemplatcs securing any divi
dends, rents, profits, or other compcnsa
zion whatever TO renumerate the unwill


ing taxpayer for the money which thi,
bill proposes to wrest from him. II is 4
bonus held out to induce the trustees Il
locate the road through the counties pro
posing to contribute the right of way
and the necessary grounds for building
depots. This is the first time, so far a.
| have any knowledge, that the Legisla
ture has gone so far as to impose tax,
or authorize a majority by vote in any
locality to do so, in order to raise a fund
to be donated TO a private corporation.


must respectfully, but earnestly, con.
tend that the Legislature has not the
constitutional power to coerce contribu.
tions Of money or property for any such
purpose. To require person to become
a stakeholder in private corporation
against his will, through the process OF
taxation, is as far as the legislative pow.
er has ever been hitherto exerted. And
even such legislation | regard as very
questionable. | seriously doubt, as !
have expressed it in former message,
whether the Legislature can constitution.
ally empower voting majorities to i'm.
pose a tax upon all the citizens of a
county. and compel them, however un.
willing, to become stockholders in pri
vatc corporation.


SupIo tlat the landed IroTrietors A
enc of our counties should think it de
sirable and for the public benefit to in.
vite and settle immigrants among them,
and to this end should ask of the Legis.
lature to empower the county court, il
so instructed by majority of the voter.
of the county, to impose tax on the
people for the purchase Of lands to be
leased at nominal rent to certain
number Of immigrants, would the Leg.
islature regard the incidental benefits of
such a measure sufficient to justify them
in authorizing ity | am satisfied that
the Legislature would not give its sane
ton TO such a measure. And yet ,as mere
question of constitutional power-and
this is a question Of power and not Of ex.
pediency-no objection can possibly be
alleged against such an enanctment that
could not be urged with equal force and
propriety against allowing county sub
scriptions to railroads to he made by vo-
ting majorities, whilst even on the
grounds of expediency or of incidental
public benefits, it might perhaps be tru-
ly pleaded that, in the county proposing
the immigrant scheme, no railway enter
prise could equally promote the pub
lie welfare. The maxim that "end JUS
tifies the means" is as false and mischiev-
Gus in public policy asjn private morals;
and yet it requires the unceasing vigi-
lance and frmness Of the patriot states
man to detect and guard against its as
siduous approaches. 1t tempts in the
in the guise of an angel of light, and de-
ceives by its professions of devotions to
the public good. The surest safeguard
to the legislator against the persuasion
of its siren voice is firm, unwavering,
observance of the constitution in its let
ter and spirit | would respectfully and
earnestly urge upon you the resposibili-
ty which you share in deciding upon
this subject with the other departments
Of Government. For whilst il is the
province of the courts to decide whether
the purpose indicated in law is public
or otherwise, and sustain and annul such
enactment accordingto their judgment,
yet the courts are under no greater obli-
CATION to observe the constitution and
enforce its guarantees and restraints than
are the Legislators and the governor and
il is of the highest Importance to the
public interest that an unconstitutional
measure should not receive the sanction
of the law-making power. In accord
anee, therefore, with my duties under
the constitution, l herewith most respect
fully return the bill with these my OBJ
iactions u III | .ESlI