Monopolies -- United States; Railroads and state -- United States
"The legislature cannot create a public debt, or levy a tax, or
authorize a municipal corporation to do so, in order to raise funds for
a mere private purpose. It cannot, in the form of a tax, take the money
of a citizen and give it to an individual, the public interest or
welfare being in no way connected with the transaction. The objects for
which money is raised by taxation must be public, and such as subserve
the common interest and well-being of the community required to
contribute."
That this is good law, all will admit; but what shall we say of the
following, copied from the same opinion:
"To justify the court in arresting the proceedings and declaring the tax
void, the absence of all _possible public interest_ in the purpose for
which the funds are raised must be clear and palpable--so clear and
palpable as to be perceptible by every mind at the first blush."
It is decided by the supreme court of the United States, that if there
is any "possible public interest" in the purposes for which a tax is
levied, then such levy of tax is constitutional, and this decision is to
be received as the supreme law of the land. Is this good law? The
public has an interest in toll-bridges, plank roads, ferries,
manufacturing companies, and many other enterprises prosecuted and
controlled by private corporations and individuals--are these all so
connected with the administration of the government as to be proper
objects of compulsory contributions for their support? The man who
crosses the bridge pays toll; the party driving over the plank road does
the same; the ferryman exacts fare--and all receive it, not for the
benefit of the public, but for their own private uses. Yet the public
have an interest in them. Are they public corporations? Suppose the
legislature of the state should, by statute, declare them public
corporations, under what provision of the constitution is found the
power to tax the people for their construction while they are owned and
controlled by private parties? Stage coaches and steamboats are owned by
private parties; they are common carriers, subject to be regulated and
controlled by law; the public have an interest in them; the legislature
can prescribe rules and regulations to be observed by them in the
prosecution of their business as common carriers. Can the people be
compelled to pay taxes for their support? No distinction exists between
common carriers by water or by land over ordinary highways and railroad
companies as to their rights and duties when the public are concerned,
except that railroads cannot be built until the companies building them
have procured the right of way. Private companies own the roads; they
sell and mortgage them; they receive all the profits, and control them
in their own interest. If a tax can be levied to aid in building
railroads owned by private parties, then taxes can be levied in amount
sufficient to build the entire road. If the decision is sound, its
results will prove most disastrous.
Public-domain text, read in full here on John Shaqi.
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