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The Boesel Railroad Law Unconstitutional

The Boesel Railroad Law Unconstitutional image
Parent Issue
Day
16
Month
May
Year
1873
Copyright
Public Domain
OCR Text

Columbus, O., May 13.- In tho Supreme Court to-day two oases whieh involve tho constituüonality of the Boesel railroad law wero dcidcd, a full bench conourring in pronouncing this law uucoustitutional. Chief Justico White hold as follows : 1. Taxation can only be authorizod i'or public purposes. Wbere, therefore, a statute authorizes i: county, township, or municiiiality to levy taxes not ibovo n givenperceut. onthe taxablo proporty of the localityfor the purposo of building so much of a railroad as can bo built for that amount, and the part of a railroad so to be built can be of no pubii j utility unless used to aocomplish au unco:istitutional purpose, such Ux is illegal and cannot bo imposed. _ 2. Section (, article 8, of the ConsUtution declaros that tho General Assembiy ahall never authorizo any county, city, town, or township, hy a vote of its citizens or otherwise, to become a storkbolder in any joint stock conipany, corporation or association whatever, ór to raise money for or loan its credit to or in aid of any suoh company, eorporation or assooiation. What the General Assembly is thus prohibited from doing direotly it has no power to do indiroctly. When tho public credit or money is furnished by any of tho subdivisions of tlie State named to be used in part construction of a work which, under tho statute authorizing its compietion must be completer!, if corapleted at all, by other partios out of their own meaafi, who are to own or have the beneficial control or management of the work when conipleted, tho public money or credit thus used can only be regaráed as furnished for or in aid of suc.h partios. 4. The act of April 23, 1872, to authorize couutiss, townships, and tho paiuips ttierom named to build railroads, etc. (69 O. L. 84), authorizos the raising of uioney by taxation, wiiich is equally applieablo to tho iinlawful purpose oí aidmg railroad companics and others engageü in building and operating railroads as it is to ftuy lawful purpose and givt-8 to the oflicors eutrusted with the control and applieation of the moncy so raisod no means or power of discriminatipn as to the lawfulness er unlawfulncss of the work or purpose to which it is to bo appliöd. and is thus in contravention of section 8, article 8, of the Coustitntion, and therefore void. Mftundy Thursdny was colohratod as usual at Vienna, this year, by the washing of the feet of VI old men uid as many women in tho Imperial Hof burg-, by the Emperor and Empresa of Austria. The men averaged 85, the wotiien more, for thero was ono araong thora 106 years old, aud the youngest was 85.

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Subjects
Old News
Michigan Argus