Now there has not been a session since the
adoption of this Constitution, at which ap-
plication has not been made here for the pur-
pose of enabling the county commissioners
to pass or to do some act in one county which
the county commissioners, of another county
have had no power or authority to do. This
provision of the Constitution has been utterly
and totally disregarded by the Legislature.
The Legislature at its second session, passed
laws defining the number of county com-
missioners for each county, and some very
meagre general provisions in regard to their
powers and duties; but in the great majority
of instances in which the county commis-
sioners were called upon to act, in establish-
ing roads, in levying taxes, in building
bridges, In raising money for county pur-
poses, all that hag been the subject of special
legislation by the Legislature, and will con-
tinue to be so, it seems to me, notwithstanding
any provision that we may put into the Con-
stitution. The Legislature have disregarded
this imperative injunction of this Constitu-
tion, and it seems to me that it will equally
disregard any other provision we may put in.
So it is with regard to road super visors.
Let us look for a moment at the amend-
ment offered.
"The Legislature shall not pass local or
special laws in any of the following enumer-
ated cases, viz:
"For the punishment of crimes and mis-
demeanors, regulating the practice of courts
of justice, or authorizing or directing the
trial of any case in any court."
I know instances in which, under any gen-
eral law that we could pass, unless the Legis-
lature had the power to grant a special
bearing or special appeal in those particular
cases, great injustice and great wrong would
have been wrought out. The Legislature acts
in passing a general law upon that subject.
A particular case arises; and if the rules and
regulations of the general law are to be ob-
served, injustice is wrought out, unless the
parties have the power to come to the Legis-
lature and obtain authority to take anappeal.
This is in reference to the first clause of the
amendment..
"Regulating the practice of courts of jus-
tice." How is that to be done by a general
law? You give now, under the general law,
the power to each court in the counties of
the State, to pass rules in reference to the
practice in these respective courts. The rules
passed by the respective courts will be local.
I have never heard of any attempt made on
the part of the Legislature to provide any
general law which would give the courts of
the State the power to pass rules. It is a
necessary inherent part of their jurisdiction
as courts of justice. These rules may be as
diverse and different as the several judges of
the several courts in the counties of the State. |
Why put that provision in, and regulate that
by a general law?
" For the assessment and collection of taxes
for State or county purposes, or extending
the time for the collection of taxes."
You provide by general law for the collec-
tion of taxes. No time is to be extended
for any collector under any circumstances.
The collectors of the several counties would
have to conform to the general law which
may be passed by the Legislature; unless youi
intend to divest the Legislature of all this
power and place it in the boards of county
commissioners themselves, and that I am op-
posed to.
Mr. STOCKBRIDGE. With the permission of
the gentleman, I wish to correct him here
once for all. I have foreborne to interrupt
him; but he seems to misunderstand the
propositions themselves, and I wish to explain
while upon this point of extending time for
the collection of taxes. The provision now
is that the Legislature shall not pass local or
special laws for that purpose. As the law of
the State now stands, there is a provision by
which the courts, on proper application, and
for sufficient reason, may grant this extension
of time of collectors who have tailed to col-
lect their taxes lo a sufficient time; notwithstanding
which, although full power is given
to any collector who has been remiss to get
the extension there in proper form, no sooner
does the Legislature meet here than it is flood-
ed with these special applications; and here,
where the facts cannot be investigated in our
limited sessions, there is a perfect deluge of
applications. The purpose is to prevent the
Legislature from acting upon such cases, to
force these parties to resort to the tribunal al-
ready pointed out for that purpose.
The same remark applies to the other cases.
It is not that it shall be all provided for
by general law, other than that the tribunal
shall becreated, and provision made by which
the end may be accomplished
Mr. MILLER resumed: The object of the
gentleman is to confer upon the several county
jurisdictions, or upon some jurisdiction other
than the Legislature, all this power that is
embraced in that amendment. Is it wise and
proper to confer upon such tribunals this
power? That is the question for this body to
consider. The next proposition is :
" Providing for the support of public schools,
the preservation of school funds, the location
or the regulation of school houses."
I do not see before me the chairman of the
Committee on Education; but I suppose that
as we have a committee on that subject, some
provision is to be embodied in the constitution
in relation to our system of public schools.
A MEMBER. They are to be supported by a
uniform State tax.
Mr. MILLER. This amendment puts in the
power of the local tribunals of the several
counties the regulation of the support of public |
