Monopolies -- United States; Railroads and state -- United States
imposed for public objects, and taxation to aid in building the roads of
private railway companies is hardly consistent with a proper respect for
the inviolability of private property and individual rights. Fraud
usually accompanies its exercise, and extravagant indebtedness is the
result, and sooner or later the power will be denied either by
constitutional provision (as in Pennsylvania, Ohio, and Illinois, it
already is) or by legislative enactment."
As we are now dealing with constitutional rights, and not with judicial
decisions, we think we have fully shown that public or municipal
corporations have no authority under the constitution to aid railroads
by subscription of stock, or the issue of bonds, and that no authority
exists for taxing the people to pay for such stock or bonds; and if it
be true that counties and cities are not, and cannot be, clothed with
the power to aid in the prosecution of private enterprises, it is
equally true that the legislature cannot delegate to the majority of the
voters of a county, city, township, or district, the authority to tax
the minority for the same purpose. Legislatures cannot create new
powers; they can only exercise such as they possess under the
constitution. The powers not delegated by the people in the fundamental
law, are retained by them. If the people are sovereign, they are the
source of power, and all that is not vested in some department of the
government remains vested exclusively in the sovereign. If the
legislative, executive, or judicial department of the government can act
independently of the restrictions and prohibitions contained in the
constitution, then the will of the servants of the people is the supreme
law, and the sovereign power supposed to reside in the people is
destroyed, and constitutional government is at an end. Oppressive
taxation imposed without authority, for private and selfish ends, if
persisted in, will eventually subvert our republican institutions. This,
and other unconstitutional legislation, to some of which we have already
referred, has caused such a departure from the old landmarks that it is
questionable if we now have, in fact, a republican government. Under the
rules adopted in legislation, and the pliant decisions of courts,
constitutions are made to yield to the demands of combinations,
stock-jobbers, and private corporations, until we cease, as a people, to
revere and respect these safeguards of our liberty.
CHAPTER XIII.
THE FATAL POLICY OF MORTGAGING CITIES AND COUNTIES FOR THE CONSTRUCTION
OF RAILROADS.
Public-domain text, read in full here on John Shaqi.
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