The Horry herald. (Conway, S.C.) 1886-1923, December 06, 1888, Image 2
rT? "
T"E U'"''" II j
Published Every Thursday
.-ATCotputi/,
Till-; I.Kfr N I.I I > ? I- It ?N* v.
SIM I* IW'M
W,?
- i * "v " '
UkUai.d tho full text of Chief Juslico
Simpsons decision on the ease
of tho Xinetv-six township bond ma!
tor. Kverybody will ho anxious tc
know how will tho decision affect the
Township bonds issued in I lorry in
aid of tho \Y. ('. X (' railroad. Lawyers
differ in opinion and wo can only
express our own individual opinion
after careful readings of the decisior.
Wo have reached our conclusion
reluctantly hot conscientiously,
that this decision of tho Supreme
( ourt invalidates every 'Township
bond in the State.
The Legislature ^rantino' the
charter to the (ireenville and Port
'oyal railroad attempted to renied\
a foreseen dillioulty of Township subscribing
to tho capital stock of rail
roads by making the Townships cori
i:~.. \i > '
ijvMiiiw uimn'9, inns (]iiniMyniir lliom
to exercise corporate functions. < >l>jection
was taken to this because as
alleged it violated Sue. '20 Art. '2 of
the Constitution which declares that,
"every Act or resolution havino- tin
force of law shall relate to hut one
subject and this shall bo expressed in
its title." The Supremo t'ourt do
not concur with .Jud<n- Norton,
whoso opinion was that there w*asmore
expressed in the A^t than was
covered by the title anil therefore
the Act was in conflict with this section.
According to the Supreme
Court the Legislature conferred en
Ninety-Six township a corporate
power without a corporate purpose.
1 lore hinoes the validity of all Township
bonds. See. X. Art. tf Constitution
provides; "That the corporate authorities
of counties townships,
schools dislriotscitics, towns and villages
niav be vested with power to assess
and collect taxes for corporate
? _ . _ purposes," etc., etc. Counties are
"""^^rporato bodies having jurisdiction
(jvcTliTpfr^L^'vUiii^^ bridges, ferries
and therefore have a twumrate purpose
in levying taxes
them. ( 'ounties can snliscrnu^io
railroads because railroads are esteemed
as hiediwavs and embraced
within their corporate purposes. But
what is the corporate purpose of a
township? What corporate interest
does it control demanding the taxing
power for its advancement?
<iOV UK NO ITS >1 KSSAtii:.
W e present the portions of the
tlovernor's Message bearing on the
Agriculture t.'ollegc, Experimental
Stations and Pensions for the information
of our readers. It is all
worthy of consideration but is too
long.
A(ii:uri.rt i!Ai, < oi.i.tan:.
The wisdom and necessity of establishing
a high class institution of
learning devoted exclusively to instrnction
in the sciences pertaining
to agriculture and in all the technological
studies and arts germane to
mis iiiusi niij)on;ini ami uimiamcnlal
pursuit of man, has, during the past
threo years, excited great interest
among the people of this State, and
enlisted >n its behalf the warmest advocacy
anil earnest efforts of many of
our best and worthiest citizens.
l'his (juestion is one that demands
* for its solution no investigation of
principle, as it involves none, but
simply consideration of policy as affecting
the wishes and vital interest
of a large, and important portion ol
the people of the State. The decision
upon this much-agitated, arrived
at by the last Legislature, after itsmature
and elaborate discussion foi
weeks, has been disturbed and unsettled
by the introduction of a new
factor, viz: the liberal bequest madi
to the State for the establishment ol
such an institution by a distinguished
adopted citizen, the lion. T. (.'
Clemson, at*liis demise during the
spring of the present year, coupled
with certain conditions, which, unilei
the terms of the will, must attael
to its acceptance by the State. Naturally,
therefore, the whole inattei
has again been brought before the
people ami fully and exhaustively
discussed in both the State and county
campaigns immediately preceding
tho general elections. There can
then be no doubt whatever that you,
the chosen Representatives of the
people, are in accurate possession of
their views and wishes, and being of
all vocations in life, and more largely
of tho agricultural class than any
4^M^^>ther, are prepared at all points to
wisely
the
nation
-Sj yV ;
elusion to be reached. There can be '
no doubt, if it is tin; well ascertained i
desire of the agricultural olnss of the
State that such a college should ho
established, that there should ho
measures at once taken to that rod as
a ju^t recognition of their importance '
in numbers, intellio1 euco and the
value of their productions. The
farmers constitute the very hone an 1 ;
sinew of the laud, and upon the result
. ih< it '.1 * mi> ;o '! ?11?r-! in.
ii winch in i-t. t||> }..i". li"
.1 w ;i > - best Mlbsorw i .?f I?i must el
foctu.'illy promoted when the oecupu- i
lion of fanning is u ?st ; uce 'ssfully
and intolliirentlv c ?n 1 ?i< t< I.
Admitting the n ??f tho*
n ;
rouoh education uiul t cluneal instruction
to the followers of this1
prima! as of nnv othoi pursuit in life, i
which surolv no one in this a^e of
progress can (picstion, the duty of
providine1 the means f >r : noli e location
and instruction becomes imperative,
if not already existing, t'onsid
orations of economy ho-onies secondary
where results are to he so amply
componsatino for the the money
expended. If, therefore, in the
judgment of your honorahle Imdv. in
addition to tin* splemlid opportnni*
ti??s ofTered l>y our nia?Miifieent and
.* ...
superbly equipped I nivorsit\ for the
aequ:roment of agricultural knowledge
in all its depart meets, from the
mos' rndiinental to the most scicntilie
in character, there he need of
further facilities in this direction, it
would he hotli just and wise to accede
to the demand for a separate
: ...t i .. .n i i
i i itii i i ii i ?i 4 IIIMI nrui'iMMi,
hy such si<?|?s as j>mi hmec wonlil dictate,
to establish such an instituli >n
as would accompli h the purpnsi
son<r|it, and l>?' a credit to clie* Slate.
I>111 this, I am idearly of th opinion,
should In- dono without inpuv'
to' or the least dUt irbunco of, tin
oro-ani/.atioii of a siii?He instituli >n
n n
now existing. iliero could he* no
wisdom in, and therefore IIO 6XCII80
for jnillinjr clown one institution
already established upon the broadest
and most enli^litened liases, and
accomplishing a wondrous work
towards the intellect oral advancement
of our vouiijt men, to erect another
comparatively experimental in
its system, and far narrower in its
Held of instruction and usefulness.
Nor should the buildiuo of a separate
agricultural college d'epe ml 11j>c>n the
acceptance of the < .'leiuson or any
other heipiest, for the State of South
Carolina is not as poor as some
would represent her to he, and hv a
careful liushniidino ?if her resources,
mli mo noimraine maintenance of
lu?r orUMv she will, in the next few
years, 1)0 auTj'lx, ably to I>u1111 ami
support such a eoTfeuTi
dollar's increase of taxation. The
refunding of her debt at the reduced
rate of interest, slut litis the rhdit to
. n
expect I?y tli" wise mamioeiiient of
her finances will result in the annual
saving of a sum - * 1 ";J(),000 at letisl
that will ho more than sullicient to
Imild, equip, and support, in the
nio>t effective manner, a first-class
institution. In this connection I
would suooest the further utilization
of our experiment stations for the
purpose of agricultural education, bv
gradually converting tlieni into preparatory
schools, where the manual
labor of the pupils could be successfully
emploN ed in the cultivation of
the farms and the conduct of experimentation,
while souurin?( for themselves.
bv their own otTnrtvs mi.l with
out cost to the State, the inestimable
advantage of a technical education,
They would thus become superb
feeders of our higher institution, and
the most worthy, industrious, and
proficient atnono the pupils nii<dit ho
awarded scholarships in our Stab
I niversity as an incentive to amhi
tion and exertion.
1 cannot, in fairness and frankness,
pass from this subject without a
brief expression of my views on tin
matter of tin; "C'lomson bequest," already
alluded tc, which, I presume,
will be brought before you in souk
shape for your consideration. Its
acceptance or rejection upon tin
conditions with which it is incumbered
is a matter solely for your <j,.
. termination, and in which no e.xecu
tivo oflieer has either voice or vote,
lint my sense of dut y compels me t<
I say that whlio I would rejoiee to sec
j the State in posession of so hand,
some a property and so laroe ; dona
tion, especially hollowed as it is by
the conclusion memories of her orait
ic.-t atulgreatest son, Iain decidedly
of thu opinion tluit it would comport
p neither with her true interest not
I sovereign dignity us an independent
Commonwealth to hastily and for
" tnally accept it before the validity ol
the will is clearly and judicially es1
tablishcd, and before ti positivo and
. unquestioned ascertainment of the
fact is had, ttiat the institution, when
established, shall ho, and forever remain,
tinder the supreme and sole
' control of tho State.
' I >iit upon your honorable body, as I
have said, rests the responsibility of
the determination' of this question,
and with these thoughts I leave it in
vour hands in full confidence of your
reaching the wisest and most righto*
, ous conclusion.
I'KXSIONS.
I respectfully call the attention of
the (ioneral Assembly to that portion
of the comptroller gbr.etnl's report
which refers to pensions, and the recommendations
made therein by the
pension board. The t?>tal number of
applications filed in the comptroller's
office during the year and up to JiOth
of September is2 020. -The pension
board approved 2,025 :>f the the apjdications
filed\ 1,102 of these were
widows
the the
and
in
I
hi:; iiojmy iikual
service*. Tho hour I disapproved iVJ3 1
applications, of which ')71 wore for j
soldiers: and Tit for widow*.
The threat amount of work entailed
upon tiio eompl roller's oHico !iy tho j I
unexpected number of applications, i
tho correspondence consentient theto- ! i
upon, the number of boohs to be .
kept for the comptroller and pension
board, and tin* lar?re number of warrants
to lto issued u.onthlv made it
necessary to employ a clerk to carry
nut t'i" "vo: I in pn> .| ojcui the eompii
! !? i old boa: | !>v hy j.i nsiiat Act. ,
.Major Wade 11. M luniny wa,; ap
pointed clerk by the com pi roller and ;'
board, and tiiero b ir.tr m> ftimls to 1
. #
pay said clerk, upon t'mT application, I
I I. i\ < paid M ijor .M tnuiny TOO o it j
af Iiv < ;vi! eontin<ront fund, and for I (
his s r\ ices as su?1i clork, I cone ir
in tliv recommendation of tho pension |
board, that ho la; paid such an amount.:
as will make* his compensation ^I<H*
par 111 on tli lor the timo lie has boon
omploytyi, and that tho olliee bo made
a permanent one.
Attention is further direoted to tho
loiter of the pension board, in tho
comptroller's report, in whioli it is
asked that a enmity !>nard of pensions
be oroaui/.od to hoar in tho lirst instance
all applications for pensions.
Tho board is apprehonsive that arross [
frauds have already eropt in, and may
continue to creep in, if such system
is not adopted.
The applications now oh file in
tho comptroller's ollico could be reconsidered
by said county boards.
ant! tl i'ii returned to tlio comptroller
numeral to I) * aouiiii submitted to the
i
State hoard; or now applications
should be required.
I he expenses. too of enforcing
such Pension \ot, I>v reason of the
povat n nub' r of applications, liuvo
Mfowu mi larufo that I recommend
that warrants be. issued to pensioners
quarterly in stead of monthlv. To!
pay the pensioners whoso appliciltions
; wore approved I borrowed *50,000.
as authorized by law. This ainount
has been expended as follows:
Pension appi >nr: itiou.. . *50,000,00 |
Money borrowed 50,1)()().(HP
Expended.
April 80 there was paid., ' si,-10,00
May 21 there was paid.. 7, 0 10,00 (
June do there was paid,. 0,000,00]
July 82 there was paid.. 9,075,001
Au^Ol there WHS paid.. 0,980,001
Sept dO there was paid.. 0,098,00 i
S 19,(')SS 00 |
I balance unexpended 012 00:
Total *50,000 00
SUPREME COURT DECISION.
^Towntfifp Rail^
roads Declared Invalid.
Columbia llejfisti-r.
In view of the erent interest existing
in '.In* recent decision of the Supreine
Court in the ease of hdTer.son
Ployd and other taxpayers snuiinsl .1.
W'ardlaw Perrin, Treasurer of Abbeville
County, by wbieli township
bond- are declared invalid by reason
of the unconstitutionality of the Acts
i under which they were issued, the
. . .
full text of the decision liled by Chief
Justice Simpson is presented below:
This case primarily involves the
constitutionality of an Act entitled
> "Ail Act to charter the (ireenvillo
and Port l'oyal I tail road Company,"
J passed December 28, 1 SS2, and of
I u.\n Act to amend an Act entitled
i C\n Act to charter the Creenville
! and Port l'oyal Kailruad ('ainpany,
passed December 81, 1JSS5.
In tin; body of the Act power is
L jjdven to Counties and townships, etc.
! to snlisciibo to the stock of the company
therein chartered, and it enacts
1 that for the purpose of the Act
"township shall be, ami they are
. teivJiy declared to lie, bodies politic
and eorpornto and vested with the
> necessary powers to carry out the
provisions of mis Act.1'
I'nder the provisions of the Act n
township known as Xine'v-Six
Township, in Abbeville County,
subscribed to the stock of si'.id company
tlm County Commissioners as
the corporate agents of said township
issuine" the noe?.-sary bonds in pay
tnent ?.f said subscription, to meet
the interest of which bonds a tax was
. assessed and co'lectod by the defendant,
Treasurer of the ('ounty.
'The action below was brought by
? the taxpayers of said township, under
Section \M?S, (Joneral Statutes, to
recover the amount paid by them
i '
; under protest, to wit *d00.0i>.
'Their claim to recover is based
mainly upon the proposition involvin<*,
its we have said, the constitutionality
of the enactment above refoired
j to lo wit: it is claimed, lirst, that
the Act in question, with its amendments,
in so far as it |?tiiports to in,
corporate any township or townships
in tho body of said Act and not men!
tinned in tlin title is in violation of
that section of the Constitution that
declares that "Kvory Act or resolution
having the fortjo of law shall relate
to but ono subject and this shall
bo expressed in tho title." A 2
Sec. '20.
Second, it is claimed that the Act
j violates Section 8, of Article 0, of
j tl>0 Constitution, which impliedly tn
hibits the Legislature from vesting
??r
I), CON WAV, S (J- Tl
ho corporate authorities <?f Counties
ownships, \o., with the power to
issess and collect taxes for any other
purpose except u corporate purpose,
uul it is denied that the subucri ption j
11 >piostio:i liy Ninety Six Township, J
ind the tax collected there, was for a
orporato purpose. '
Now ass lining, in the first in itance,
that the subscription bv
N inet \ > i \ I < > v: r h >p ? ' '? ' ! ? :?eill?*
and I *? ?i-t ! h?\"d ! ,'dlr. ' in
puny was within its corporate pur|i
>3ev and, therefor ', if said township
111 > * * *
mm ooon iucorporuto'1 and vested
vvitli power l<> assess suul collect a
tnx to meet such subscription by a
separate Act, oppressed in its title,
such Act would not he obnoxious to
Article 0, Section S, of the Constitution;
yet the. question still presented j
whether the incorporation of this
township with the power mentioned
in tho bod\ of the Act, which, in its
title, refers oiilv to the chartering/'
v n
oT the railroad company, is not obnoxious
to Section 'JO, Article 'J,
s"/OW, because. as aliened, it refers
to a subject distinct and foreign to
that expressed in the title.
Ilis Motor, the Circuit .ludoe,
held and ruled that the Act was unconstitutional
ill both particulars.
This court has several times considered
and discussed Section 'JO, Artir>h>
o ,./.i,.1.1 it <i _> c
V ) jy" MI iiiu mnuo i?i
( 'hiirleston vs. Oliver, Hi S. t17;
Coleman vs. ( hostor, IS S. (101:
Woodsides vs. Mcl )nniel, 1'J S. C.?
I Hi, ami Connor vs. Ilailway Com- ,
puny, '20 S. ( \} 1 '27.
In some of these eases, the priuripie
under which the section should
:>o construed anil applied was announced.
In Charleston vs. Oliver,
while hohlii.ir the Act under review
unconstitutional because, in the
judgment of the Court, it was iu
vi? latinn of the se<:tion, the Court
slid: %i\Yo think there has been and
oue'111 jo l?e a general disposition to
i.iive a libetal oonstruetion to Constitutioual
provisions like this now unde.i
consideration, rather than to embarrass
legislation by an unnecessary
strictness of construction (Coolv on
Coast Line, 1 10), and we fully agree
with tlie Supreme Court of the I 'nited
States, where (San Antonio vs.
MahalTey, HO I ". S., 'H I ) :
iIn* 1 ;oiiauii^^r-^.Vrr. lower Court in
Sun Antonio vs. Same, TJ Texas,
! 4On, it holds that, "whon an Act of
I the I legislature expresses in its title
the oliject of the Aid. the title em1
braces anil expresses any lawful
I means to achieve the object, thus
following the constitutional injuiioi
tion that every law shall embrace but
| one subject, and that shall be expressed
in its title."'
In Coleman vs. Chester, the
court said: "This section, no doubt,
contains a wise provision, and, if
! properly observed, would tend ?rreat;
ly to prevent confusion and doubt as
'to the exact, uieanino and intent of
i legislative exaotnients, and to this
, end it should be enforced by the
court in all proper cases, due care
bein<r exercised lest a too strict construction
iniirht defeat its very object
and purpose by oloirepiijr legislation
and loadinir <W?wn our statute
books with numberless separate Acts
and wholly unnecessary to the end,''
etc.
These two eases and other show the
spirit in which the court lias been disposed
to consider this section. And
under the influence of this spirit, in
Connor vs. Railway Company
)>r<!y whbre, in NValtorboro and IJranchv
11 lo Railroad < 'ompany," powcrpvas
conferred upon the County Cominis'
sfonersto issue bonds in subscription
to the capital stock of the railway, the
court said; "As w,> have said in
Charleston vs. Oliver, 1(5 S. ('., 5(57,
upon the authority of Mr. Justice
Couley; 'There has been and ought
to be a general disposition to give a
liberal construction to constitutional
provisions like this now under
: consideration rather than to embarrass
legislation' by an unnecessary strictness
of construction.' Hence, when
a question under ibis clause of the
Constitution is presented for adjudication,
we. are bound to take a libeml
and enlarged view, and, if practicable,
l>rincr tlu* legislation which is assailed
as unconstitutional within the limits
prescribed by the supreme law of the
hind." And hi this ease the section
assailed was held constitutional on
| the gronad that it constituted to the
i object expressed in the title, and
could be properly regarded as lawfu
Ulceus to achieve that object, to wit;
the incorporation and construction of
| the (iretju I'oud, \\\ & B. II. I?.
i (;o.
i Now, applying these principle announced
fmm our own court, and especially
the decision in the last case,
j we think the Circuit Judge was in
| error in /holding the Acts here unuon'
atttutip/ial because hi Section 20, Ar
Ill RSDAY, DKCE.MHI
tide 'i, ('onstitution.
Tho only difforonco^hotweori Con*
nor vs. altuilwav company,* '/>/*?/, and
tho case before tlio court, assuming
for the present that Xinty-Six Town
ship had a corporate purpose, and
therefore capable of lx?ino invested
with the power to suhoriho and tax, to
the end of carrying out said corporate
purpose, was tho fact that Colleton
'' hoiIn \ .. already a <*orpora e i? ?>ly-,
\n ill a ! po'.-.o* M:r|> ?.- ? the Jinn*
tin' tireen Pond Ita Irond Company
was chartered, while in t!to latter
ease Ninetv-Si\ To.vnship was incorporated
by 1110 Act chartering the
railroad. Wo cannot see that this difference
affects the ?piostion. Tho '
principle, upon which it was held, in
the first c%se, that the Act was constitutional,
was that the authoritv oranted
to tho County to subscribe to the
railway was a means to acliievoTho object
expressed in the title of the Act,
and therefore was ncrmano to that obn
joct.
So it appears to us that declaring
the township a corporate body, with
power to tax in aid of the (Jreonvillo
and 1'ortlioyal Ibiilroad, was contributory
to aid furnished means to j
iii'liiovc. tin* iiliii'i'l oftlm Act as ex
j ?i*i*sscivl in i lit) title, assuming a 11 the
tiiiiu tlmt Ninety-six Township was
really incorporated, with a corporate j
purpose, and that the power conferred
was intended to promote that corporate
purpose.
This brings us to lhi.? latter qucstion
as it appears to us is the mean
aiuj vital question in the ease, to-wit:
Was Ninety-Six Township inoorpora
ted with a distinct corporate purpose 1
and was the power to subscribe to the
i.iilroad in question, and to assesS and
collect a tax to meet such subscription
granted with a v iew to enable it
to carry out said corporate purpose,
and thus conform to Section 8, Article'.I,
( 'oustitution, in which it is
provided: "That t lie eot porato authorities
of ('(unities,Jtorv'iiships,school districts,
citie ., towns and villages may
I>(? vested with power to assess and
collect taxes fo. corporate purpose,
Oct., Oct.,
It will lio conceded 111at at tlio
tirtie of the passage of the Act char-j
tering the flroonvillc and I'orl l?oyal
Itailrond Company, Ninety Six
1,1 A"slli 1 'wn^iQ^J^HyfTwia t e"*bo'l v.
nor was tlie anv other corporate townslnp.
It is true that in I N(1S, under an
Act of the I .egislature passed in I SOS,
the Counties of the State wore divi.
(led into townships, which wore declared
to ho corporate bodies, with
corporate purposes, and with powers
and privileges conferred, and to be
organized with various oflicials, mod
orators, town clerk, selectmen, constables,
etc., etc., and with all the
machinery of a regular corporation,
but this Aet was repealed in 1870,
l>y "An Aet to repeal an Act entitled
'An Act to organize townships ami to
define their powers and privileges,'"
: excepting, however, that portioh of
said Act fixing the number, names
and boundaries of the respective
townsips in the respective Counties,
which were left as territorial divisions,
but with no corporate powers, privileges
or purposes.
lias Ninety-Six Township been incorporated
with a corporate purpose,
.sufficiently so as to authorize its
| being invested with the power to assess
and collect taxes in aid thereof?
Section of the charter of the railroad
provides that for the purpose of
this Act, all the (.Anilities and township
along the line of sa.d railroad,
or which are interested? in Tiits conJ
struetion, as herein provided for,
shall bo, and they are hereby, declared
to be bodies politic and corporate,
and vested with the necessary
powers to carry out the provisions of
this Act," etc., etc.
| Ninety-Six Township is along the
lino of said railroad, and in so far as
Section above, has incorporated
i any township, Ninety-Six is included,
but these- incorporations are rather
singular bodies. No machinery is
provided for their organization; they
have no o'Acials, no perpetual succession,
nothing in fact originally bei
hinging and appertaining to corporate
bodies, either publid or private, municipal
or otherwise.
Inasmuch, however, as the (ieneral
Assembly has decleared them in express
words to be bodies politic and
corporate, they must be so hold here;
but where is the corporatd purpose
upon which, .and for the promotion of
which the Legislature is authorized by
Section 9, Article 2, Constitution, to
j grant power to tax the property in
said township by a majority vote of
the inhabitants?
I
To understand what is meant by a
J corporate purpose, a distinction must
bo drawn between tho power of ai
} corporation uiid the end and the purpose
intended to be accomplished by
it. The two must not he confounded.
To iliustrato: the Counties'of
j the State are corporations, with well
defined and distinct purposes, to wit:
supervision of ronds, bridges and fer-,
ries, and other internal and County
matters; and to carry out these ends
certain powers nro grunted, which are
i distinct and separate from the ends.
So, too, municipal governments are,
provided for cities, towns and villages
ifq|^^^^^^^)^|^)ling them to
OR (M888.
<i II HKIIT PC
COMMISSION i
. TN
xcofnin, r?*|>i EM t >-{
Oo< i
^'CXi>T SI H'H>T IVSIH". It>T'
1(U I" It (> N T
> IOW
preserve peace and order, to construct
and repair streets, and for various
other corporate objects; and to enable ,
these e'overnments t?? meet tt.e enddesignated
certain powu's are oranted,
but these powers and the corporate
purposes are widely different, j
True, the one follows the other, and
is pecessnrv thereto, hot the corporate
purposes must exist before a power
enii be irrnntml in n->rrv Ii .. >?
Now. t he so townships, after being
declared bodies politic and corporate,
were authori/od to subucribo to tin4
railroad upon a vote of the inhabitants,
said subscription to be paid by taxation.
(Jut \ro again ask for what
corporate cml nnd purpose was this
power writntedV What mutter did the
township, after its incorporation, have
charge of the promotion of which was
intended by this subscription? What ;
corporate interest did it control demanding
the taxing power for its advancement?
Wo can sec nothing.
It was giron power to take stock in
the railroad, but for what c.mI in <o
far ua the township ia concerned.
Suppose this stock should 1;..coimc
largely remunerative, in the vruv of
dividends, in .rhat manner and for
what purposes could it be used?
These are questions to which the Act
incorporating the township affords no
The ease referred to I'Vjfflfj l,?,or
the Circuit du.lgo^^l^jj^ (.mm.
sol, \Wgl^riauj/^i^ri.,{();. (;niUMl
Ivi'.iu's, '.'Al, presents a striking j
i example of the different lit ween the
powers granted and a eorp?rat"> purpose,
where n school cistrict in
I llinois was authorized to subscribe
to the capital stock of a railvny com- ,
pany and the case reaching the Supreme
Court of the I'nitef States,
i Chief .1 list ice Waite, in deli virinw the I
I .
(Opinion of the t'onrt,snid: "Taxation,
by municipal or public cor|k?rations
must be for a corporate purpose. It
is not always easy to decide vhether
a kind of tax is within or without this
limitation, but we think it i(av ho
J safely said that as a general rule a
corporate purpose must be sunn purpose
which is germane to thogbicral
j scope of the object for whiol the
corporation was created. '
Taxation for school purposes only
would bo germane to such corporations,
to wit: school districts.
The Illinois Act was declared unI
stitutional. So, in the case behre
i.: -1 M -
: iiiin rinin, wiuio wo SCO il cllStl.lOte
power granted to those incorporated
townships, we are at u loss to liuA iv
corporate purpose I ) which the poyj
Or can ho said to he gTutanc, and
i which it is intended to advance anil
promote by the exercise of said powi
or.
It is conceded that in this State,
I
and in the olhor States huving a coni
stitutional provision similinr to ours,
hy which Counties, etc., etc., may beinvested
with power to subscribe to
railroads, etc., and to tax the inliahii
tants to meet such subscription, that
. it, is constitutional for the Legislature
to tyrant such power to the Counties;
hut this is based upon the position
that railroads being highways
are embraced within the corporate
j purposes of the Counties, which have
jurisdiction over highways, bridges
and ferries, with other matters appertaining
to the Counties. The townships,
however, have no such jurisdiction,
and therefore the cases relied
Ion in thoargument in which County
subscriptions to railroads have boon
held lot^d have no application. Because
in all such cases the subsenp,
tion and taxation were intended to
promote and advance a strictly corpoi
rate purpose of the County, which is
not tho fact as to townships.
| Wo would very gladly have come
I to a different conclusion from that
i which has been reached in this case,
it *
' because of tho serious effect which
this ju Igcmcnt may have; but after
I patient and mature consideration, we
feel compelled to hold with tho Circuit
Judge that in so far as the Acts
in question attempted to confer power
upon townships along tho line of
the railrond, embracing Xinetv-ftix
?
Township, that it.was in violation of
section 8, Ajtiole 1), of Hie Constitution.
and therefore void. .
From the view which we hare tskfl
On of this case, it is not nocessiugfl
>4tiI
-mow .v
MERCHANTS,
i
Tupontjiio find
I on
X'S BCn^ITEIj.
S T IJ KK T, *"
V 4 > 8 1* ^
?i s iy
consider the plaintilT'a ^respondent's)
"rounds of appeal which impute error
to the Circuit Judoo in holdiuo as
matter of law that plaiutifTs were es.ippcd
from showing that the c.oiuli;ons
precedent to the issue of the
>onds, etc., had not been complied
w iill, etc.
We do not think therv^s anythincr
in the defendant's irronnd of appeal,
as to the jurisdiction of the court, in
so far. at least, as the rioht of plaintiffs
recovery was based upon the illegality
of the tax, because of the unconstitutionality
of the Act under
which it has been imposed. The
duty performed by the County
Commissioners was not one
of those duties which appertained
to the County Commissioners as ft
constitutional body, having jurisdiction
over roads. highways, ferries and
bridges, and in a'l other matters relatino
to taxes, disbursements of ^
money for County purposes, with the
right of appeal in all eases to tho
State courts, Nor was said duty imposed
of necessity upon said Comiirssion
,-rs on account of smd^ ^ 1 nj^i>'m
On tho contrary, ilu\.(\)Ulltv (Vm.
missiouers wore s^J-,|v declared tho
eorporato agetyf^ ()f (jlf, townships,
and ;is s:. J'tnomts inveted with anthoritv
to order the election and, issue
the bonds upon certain conditions
and, as wo suppose, any one else
might have been declared the agents
as well. I'udor these circumstances
wo do m l think the I'ottnty < o irnissioner.s
constituted a court in this
matter as in matters belonging to
their local jurisdiction, before which
it was incumbent noon the nl.n'r.i
- "I . .......... o
as taxpayers to raise the question of
tlio constitutionality of the Acts titerutioned,
at tlio peril of being estopped
from bringing the action below to
test the legality of the tax, under the . 4
Act in such case cspeci.ilh made and i
provided as they have done.
It is toe judgement of this court
that the judgement of the Circut
Court holding the Acts in question
unconstitutional on account of a corporate
purpose in the townships incorporated,
and tliut. therefore, thn
tax assessed and collected by the defendant.
was illegal ami should bo
refunded, should be allinnod and the
same is hereby nlliriued.
\\*. I) Simrso.v, I'hief Justie.b.
Mclvtir, Associate .Justice, concurs
in the result and liled a separate opinion
J
Mcdowan, Associate J astice, dis- 8
sents and liled a dissenting opinion. P
AllVKltTISKMlSNT*.
. *
J
Killed fov
->V 1
*A man found ilo.nl at Hammond
and buried at Hand. The old wretch had
been loafing around until tlio undersigned
kdlcd and buried him: his nnino was
I
but the murderers yet has a .Mr. Prices
witli them, "l.ow Prices," who has caused
groat excitement within the past few days,
lie invites one and nil to call on him at
Hammond and I land,
.) I!. <il{ AINOKIt ('(VS.
ciiK.vrcash stoiik,
selling Btr.v <?oo?ls. t'lolldn^. I.n*
(lies' ItresN 4r<mmIn, Mats
ami Cii|i?/ ll<?oln iiihI
fl'Oes, llai'tlu arc, (Jroceries,
Millions, anil <
Thousand and one things; too tedious
to mention, cheaper than they
ever lias boon known to soil in
ii i> i
7U
.i.ul country pr<xluco if you wnnt inorr H
FOti IT THAN YOU CAN CRT T
KfiSKWIIKItE. I
Yeiv Hcspoctfullv.
J. B. Grainger & Co. I
sopf ?7th * 8m . I
When
plop tlirm for nnd
It
nTS,?Pxu|^^^H|
Hfo-lon*
Coiik
f Mid
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