Monopolies -- United States; Railroads and state -- United States
But when a county, a city, town, or township, organized for
the convenience of the people, and to more effectually protect their
rights, attempts to become a stockholder in a railroad corporation, it
attempts the exercise of a power it does not and cannot possess under
the constitution. Municipal corporations were not created for the
purposes of private speculation or private gain, but for purely and
strictly government purposes. No power is granted (nor can it be
implied) to county judges, commissioners, or supervisors, nor to
township trustees, or city boards, to take stock in railroad
corporations, or to issue bonds of the municipality in payment for such
stock, for the reason that such power is not necessary for the
administration of these several governments, and does not come within
the limit of the powers granted by the people. We know there are many
decisions of courts sustaining the position that municipal corporations
can become stockholders in railroads, and may issue bonds in payment
therefor, and that it is within the scope of the powers vested in such
corporations to levy taxes for the payment of the bonds so issued; but
we have yet to see a decision that is sustained by any provision of the
constitution. Many of these decisions admit that the right to subscribe
stock is not contained in the constitution, and cannot be justified on
constitutional grounds. Of these decisions we shall speak hereafter, and
we leave them for the present. We insist that there is no authority in
the constitutions, state or national, under which any department of any
of the governments can become stockholders in a railroad corporation;
nor is the right to take such stock in accordance with the genius or
spirit of republican government. The distinction that exists between
cities and towns acting under charters, and counties, townships, school
and road districts, is marked, and should be kept in mind in considering
the nature of the powers possessed by each. County, township, school,
and road district organizations are necessary in the administration of
the laws of the state. They are at most but _quasi_ corporations; all
their powers are derived from, and executed under, the general statutes
of the state. They have no special grants or privileges, but are the
chosen means for executing state laws. In the distribution of the powers
and duties vested in and imposed upon the state governments, the duties
of administering the local affairs of the counties, townships, and
districts, are delegated to, and imposed upon, these _quasi_
corporations respectively. They can only exercise such powers as are
necessary for the accomplishment of the objects of their creation. Their
acts are the acts of the state government as applied to their respective
localities. They are not clothed with any extraordinary power; nor can
the state government delegate to them a power it does not itself
possess. When the constitution of a state (as in the case of Iowa and
Public-domain text, read in full here on John Shaqi.
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