Monopolies -- United States; Railroads and state -- United States
But this position is not tenable. Bouvier defines the term, "Eminent
Domain," as follows: "The right which the people or government retains
over the estate of individuals, to resume the same for public use."
Taxes are defined to be burdens or charges imposed by the legislative
power of a state, upon persons or property, to raise money for public
purposes. It will be seen that there is a wide distinction between the
taxing power and the right of eminent domain: that while they both
appropriate private property for public uses, they differ in degree.
While the right of eminent domain takes from the private citizen the
absolute title to property upon just and fair compensation, taxation
exacts from each property owner a contribution for the support of the
government, or for the benefit of the public, without any other
compensation than the protection the government affords him in life,
liberty, and property. Contribution for this purpose is a duty imposed
upon all who are under the protection of government. A complete power to
procure a regular and adequate supply of revenue forms an indispensable
article in our constitution; and provisions for levying and collecting
this revenue is a charge laid upon the legislative department. The levy
and collection of all taxes deemed necessary for the administration of
the government and for the public good, is an incident of sovereignty;
but this does not extend to the levy and collection of taxes to aid
private interests or enterprises. The taxing power is limited; the needs
of the public fix this limit. When this is passed, the citizen is
subject to continual plunder. The value of his property is destroyed; he
is but a trustee holding his property subject to the will of an
arbitrary power, that can at any moment call for a part or all of it. He
had entered into a governmental contract for the purpose of appealing to
the strong arm of constitutional law when his rights are assailed, but
finds, instead of the protection he had reason to expect, an
irresponsible, arbitrary, power, compelling him to divide his property
with railroad corporations, or other private parties, without any
consideration; not only without consideration, but the taxes illegally
and forcibly taken from him are used to build up and protect a monopoly
that is blasting the fruit of his labor, while it is as surely
destroying constitutional and republican government. His property is
taken from him by what can only be termed a superior, despotic, power,
and appropriated without his consent for the benefit of a private
corporation.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account