Monopolies -- United States; Railroads and state -- United States
Another thought having weight in connection with the constitutional
right to tax the people in aid of railroads, is, that minorities have
the right to live, and to own and enjoy property; and the majority has
no right to compel the minority to contribute aid to railroad
corporations. It has always been conceded that in a republican
government the majority should rule, and that their will expressed in a
constitutional and legal manner should be the law of the land; yet no
one claiming to respect constitutional law will contend that this will
of the majority can act outside, or independent of, constitutional
restrictions. If this doctrine should obtain, constitutional government
is at an end; private rights are destroyed, and the unrestricted will of
a bare majority becomes supreme; all the guarantees of the constitution
are annulled; life, liberty, and property, are all dependent upon the
popular will; constitutional safeguards are destroyed, and the stability
of the government is lost. The first step in this direction is fraught
with the greatest danger. When the restrictions embodied in the
constitution are overridden and disregarded in one instance it affords a
precedent for a second step in the same direction. Acquiescence in
encroachments upon constitutional restriction by the people, undermine
and absolutely destroy republican institutions and the government
itself. If, for the accomplishment of some private purpose, a community,
a state, or the general government disregard the provisions of the
constitution, and assume powers not granted them by that instrument,
they arbitrarily act the part of the absolute tyrant. And it makes no
difference whether the course pursued, or the measure adopted, proves
beneficial to the public, or oppressive. In the fact that it is the
usurpation of an unauthorized power, lies the danger. The disregard of
the limits fixed by the constitution, in the administration of the
government, destroys the only guarantee the people have for the
protection of their private rights. Among all the unconstitutional
measures which now obtain throughout the country, the affording of aid
to railroads, by the government, state and national, has proved the most
burdensome to the people. Of this class of subsidies, that afforded by
local, municipal subscription, with or without a vote of the people, has
caused the greatest injury. A local or municipal government can lawfully
impose taxes for the support of its administration, and for contribution
to the general comfort and happiness of the people. It can tax for the
purpose of laying out and constructing streets and public highways,
because these objects are intended to be, and in fact are, open to the
use of the whole people; all can use them on equal terms; they are made
for the benefit of the public; each citizen has undertaken to contribute
his just proportion of the expense of providing for the common, public
benefit.
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