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Railroaid And--re-argument Ordered

Railroaid And--re-argument Ordered image
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We uro disappointed ia i;ot being able ,o givo our readers ibia weck tlie deci.-ou ia the Salem Railroad case, involvng, as is supposed, the coustitutiouality of munioipul aid to railroads. Instcad of announoing ts decisioo on Priday ast, tlio Suprema Court directed n rcarguineut lo be had on Tuesday next. May 24tli, to which day it adjourutd. Argumeut is specially requested upen the follow ing points. nDd of the ïnain que - tion with reference to them : lst. Did the proceediucs which werchnd créate a contract,, or auy relattou or obliga lion in the nature oí a contract, bot ff een the township and the Rallroad Company f U' so, what wns its precise characler? If uot, wliat is the BDiCiflOgronnd upon wliich the Compauy is eutitleü to the inaudamus pruycd ? 2d. Conld the Legislaturc, without the vote of the electora, compel the township to do what the act nithorized It to do wilh relerence to thu issue of bodds and the levyins; of taxes to pay them f or lias the township any origina) or Inherent power ever the subject or question, such as the ature bas seeu üt to allow it ? 8d. Wlien the minority of the tax-payers oí the township are compelled by a vote oí t lio electora to pay the taxes inquestion, is it by any power existlng in tlie townsnlp as :v separate organlzatlon or by the sovereign legislative power of the State? 4th. Can the Legislatura delégate to the township the power to determine for itself, as a local;islature or administrative body, by a niajority of the electors, what enterprlses of a public nature are so far of a local benefit or advantage to the towns 1 1 i i as to jlistify township aid, entering into contracts to secure such benetlt and to fiirnish such aid, and the iniposition of tases to meet the obligations thus incurred? 5th. If bonds are issued by the townsliip and glven to the Company to encourage the building of a road which in the opinión of a inajority would not be otherwUi1 cottstructed, and no arrangement is made binding the Company to repay the bonds or tnoney or any part of them, isthis to be treated as a donation, or as a consideratlOD which the township is allowed to give lor the benefit! which in the opinión of the majority wül fully compeusate them lor the outlay '. 6th. Is tlierc any proper rule of aport'onuipnt of taxes provided for by the act, and what 11 the rule? Is the whole railroad, or only that porllou of it within the township, to be taken as the object for fvhlch the tax is voted? 7th. Do sections 8 and 9 of Article XIV. of the Constitution prohibit the Legiijature tYom granUnc aid to railroads as provided by tiie Act V IIow does this prohibitlon difler lu this respect froni thosc in the Federal Constitution upon the States in respect to laws Impalrlng the obligation of contracts, aguinst entering into treaties, beeplng troops and ships of war In time of peace, iVc, or (rom the prohibition In our own Constitution against the invasiou of religious überty ? 8ih. What is the extent of the term " in ternal improvcments," in section 9, Article XIV. of our State Constitution Tlie iniporianco of the quest'ion culis for the most carefiil and lull investiga tion, and this the Court is evidently de termined to pive, despite the clamor fo an immediate decisión. It is probable tbat the decisión will promptly follow a re-argumcnt. We sball not " steal Ihe tliunder " of the distinguished lawyers engaged in the case, nor get up a sensation articlo wit tho view of influencing the Court, but will bula our time with pationce. - Tho case was argued ou the firs he?rJpg.bviIoA1?3;Bh(f?,Wlm'l,P(fi?,IH the Detroit aud Howell Railroad Com pany, wliich prays tho issue of a man damus to compel the officers of tho tow of Salem todeliver certain bonds claimei to havo beeo voted in aid of its road and by Hon. H J. Beakes, of this city aud Hon. G. V. N. Lothrop, of Detroit for the townuhip officers and against tb issuiDg of the mandamus. It ie supposec that the Cour.t will ignoro mere techn calite8 aud decide tho Constitutiona questions involved - the right of a town ship or city to aid railroad Corporation either by donation or loan. The matter is so important that the Court will be juatified in so doing, even though it might evade the Constitutional poiats in deciding the cnse. The Supreme Court decisión reptyted below has both a local and general interest, and will do mucli towards checking the irauds being perpetrated by socallcd patent right dealers, who el-U worthlcss patents to unsophisticated farmers with a speculative turu of miud, taking notes with certain liberal conditions attachcd, and thcn detaching the conditions under which the note might never becorao payable, and immediately selling to a third party: Orrin A. vs. Norman G. Pomeroy. Error to Wnsutenaw Circuit. Opinión by Oahfsell O' J. ïha only qucstion raised inthis case was vrhether tlie ciestruction of a memorantlum wrltten under a proraossory note and qual ifyinci it vitiates the note in the hands of a bona fide holder having no kuowledge of the alteración. lldd: That the note and memorandum constituteri but one contract and were in law a single instrument. There are some cases which have held particular memoranda immaterial. liut no case has been fonnd which liolds that if material it can be disregardtd. The cases were fully examined by the court and shown to 3ustain their views. If the memoranditm formeü a part of the original contract, it was a material alteration to detacli it and leave the note as though it bad been absolute. And it is a principie well scttled that sucñ an alteration voids the entire obügation. A bona fide holder is allowed to receire the #euuine contract dtscharged of any equities attachiiig to the contract itself, as between the original parties, but he cannot get a contract wherc none was made. Judgmcnt afflrmed. Mus. McPakland-Richardson having published a defense, in vvhich shs date her ill-treatment and abuse by her husband alraost back to the timo of her marriago, McFauland relorts bygiving to tbe press her letters running through all thoso years down even to 186G, in which he is addressed alwaya in the most afiectionate terms. The publica;ioo on both side of coriespondence which does not at all concern tho public s disgnsting, and eredituble uciiher to ,he partios nor the papers so willing to ill their columns with tho stuff. - ïho N. Y. World censures the paries but priuts the letters by the dozen. Consistent, very. Tui, tiiriíT bilí has boen indefinitely sho?ed to one side by the House, to jiv preoedence to the oppropriation )Í11h. No revcnuo reform need be looked for this scf-sion, or at tho hands of a Radical Coogrsss.


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Michigan Argus