6io POPULAR SCIENCE MONTHLY. 



more entitling the manufacturer to public gifts than the sailor, 

 the mechanic, the lumberman, or the farmer. Our Government 

 is based on an equality of rights. The State can not rightfully 

 discriminate among occupations ; for a discrimination in favor of 

 one branch of industry is a discrimination adverse to all other 

 branches. The State is equally bound to protect all, giving no 

 undue advantage or special or exclusive preference to any. Tax- 

 ation in aid of private enterprise is to load the tables of the few 

 with bounty that the many may partake of the crumbs that fall 

 therefrom." 



In 1875 the Legislature of Kansas authorized townships to 

 issue bonds for the purpose of raising money to be applied for 

 the relief of such farmers within their limits as had been deprived, 

 by a failure of crops, of seed with which to plant for a new sea- 

 son. This authorization was held by the court (Justice Brewer) 

 to be unconstitutional, on the ground that the use of public 

 moneys for the accommodation of a certain class was not a public 

 purpose "not for the benefit of the indigent, but of those who 

 have fields to till and stocks to care for " and that if the prin- 

 ciple involved is once recognized, it may be invoked with equal 

 propriety in aid of other or all classes. (State vs. Osawkee, 14 

 Kansas, 488.) 



In the State of New York its Court of Appeals has held void 

 an act of the Legislature authorizing a village to take stock in a 

 manufacturing corporation, and to issue bonds to raise the money 

 to pay for such subscription, and to levy taxes for the payment of 

 the principal and interest on said bonds. (Weismer vs. Douglas, 

 64 N. Y., 91.) In a similar case (Sweet vs. Hurlbert, 51 Barber) 

 Justice James expressed himself as follows : 



If this can be done, it is legal robbery ; less respectable than highway 

 I'obbery in this, that the perpetrator of the latter assumes tlie danger and 

 infamy of the act, where this act has the shield of legislative irresponsi- 

 bility. 



In Cole vs. La Grange (113 U. S.), the case turned on an act 

 of the Legislature of Missouri authorizing the city of La Grange, 

 whenever two thirds of the resident taxpayers signified their ap- 

 proval at a special election, to levy a tax not exceeding two per 

 cent per annum on the assessed value of the real and personal - 

 property in the city, to pay for a donation or subscription to the 

 stock of a manufacturing company. The court held the act void ; 

 the opinion, written by Mr. Justice Gray, embodying the following 

 language : 



The general grant of legislative power in the Constitution of the State 

 does not enable the Legislature, in the exercise either of the right of emi- 

 nent domain or of the right of taxation, to authorize counties, cities, or 

 towns to contract, for private objects, debts which must be paid by taxes. 



