I object to this as a matter of policy, upon another ground. Once establish the proposition that railroads within this State are to be aided in this way, and can only be set going by means of their local aid, and capitalists who usually enter into and form the controlling element of these corporations, will not permit a single shovel to be put into the soil to build one of your roads, until they have bled you of the last dollar they can get out of your pockets. They will hold back and wait, and wait, and wait, until they have taxed you And here I ought to refer to a re- five per cent., and ten per cent, and mark made by my friend from Tuscola, then have raised by subscription all (Mr. HUSTON.) In his argument he they can, before they will themselves do put forth this appeal to us: Why not anything. The policy in the long run permit us to tax ourselves in aid of is a ruinous policy for the State. these roads? Now, I would say to the It was said by my friend from Gragentleman there is not the least ob- tiot, (Mr. CHAPIN,) that the non-resijection to it. Men may tax themselves dents who own lands in his vicinity, just as much as they have a mind to; will do nothing to assist in opening up those who are in favor of any line of the country by the building of these road, may subscribe voluntarily what- roads, and he is very anxious to get at ever amount they please. Nobody in- those non-residents. Now, I want to terposes any objection to their doing ask my friend, for whose opinion I it. But I apprehend the difficulty with have the very greatest respect, who are that gentleman, and all who take that the men who control these railroads? view of the question is this, that they Where are the controlling interests in want not only to tax themselves, but them? Are they not non-residents they want to tax others. This is the likewise? We have a spectacle that is trouble; they want to tax others, and worthy of the contemplation of this compel them to unite in aiding these State, in that we have through the railroads. If it is confined to those action of Congress, had appropriated public characters of these railroad The question involved is as to the alone who are in favor of raising money a very large amount of wild lands to corporations. It was stated by the genit can be done without any of these aid in the construction of these rail-tleman from Cass, (Mr. VAN RIPER,) forcible proceedings. roads under foreign control. And it that these corporations were private I believe that in regard to taxation, is now proposed that we shall encum- corporations; that taxing the people it is the duty of a State to confine ber a large portion of our improved in aid of them, was taxing the peoitself, and to confine its municipal land for the same purpose. ple for the benefit of private corpoorganizations, to the strict legitimate I do not wish to take up time on this rations. The gentleman from Wayne, objects of taxation, to works that are question. I wish simply to say enough (Mr. LOTHROP,) declared that this auclearly and properly public, and exclu- to justify my own vote, and my own thority has no more relation to the sively so; to the building of highways, position in regard to this amendment. authority employed for the construcpublic bridges, and public buildings. It is not because I am opposed to the tion of highways, than it does to the Now, I object to the principle, not development of the State, or to the banking institutions in a town, or than only on this ground, but I object to its it has to a man's private business. application likewise, because of its inThese railroad corporations, he says are equality. We propose to build a strictly private concerns. How then through line of road through this State. is it, and upon what ground, that the We are called upon to tax ourselves to right of eminent domain is applied to a very large amount to build that road, to lend aid to it, because it is a benefit railroads, if they are strictly private The CHAIRMAN. Among the nu- concerns? Upon what ground has to o us. Now, the benefits to those be- merous amendments that were offered the right been recognized from the yond the termini of the road are great- the other day, the Chair omitted to commencement, not only of this State, er than it is to the people within this notice this morning an State. There is not a road running proposed by the gentleman from Me- and by the Federal Government to morning an amendment but of every other State of this Union, through this State, that does not ben- nominee, (Mr. INGALLS,) who proposed take private property for the use of efit the people east and west of us, to amend this section by striking out railroads upon making compensation, Vol 2-No. 20.

if they are strictly private concerns? Again, on page 436 I find the fol-particular, from the fact that the nature of the road, as well as the personal safety of inIt was upon that very question of right dividuals renders it impossible that they of eminent domain of railroad comNor can it be said that property when should do so. If the right existed, it would Public security requires panies, that the Supreme Court of this taken is not used by the public, but by the not be exercised. State made the decision to which I corporators for their own profit and advan- that the mode of travel, and the means emtage. It is unquestionably true that these ployed, should be limited within, and subject propose to refer. It was in the case of enterprises may be, and probably always are, to, the control of the company; and the LegSwan vs. Williams, and was decided in undertaken undertaken with a view to private emolument islature would have but indifferently secured on the part of the corporators; but it is none the public interest in extending the privilege the January term of 1852. The ques- the less true that the object of the govern- to all. Were the road built by the State, tion arose upon the right of the Pon- ment in creating them is public utility, and and maraged by its immediate agents, the tiac Railroad Company to take private that private benefit, instead of being the oc- same disability as to promiscuous use would property for their use. The decision casion of the grant, is but the reward spring- exist; but would it be contended in such a will be found in the 2d Michigan Re-ing from the service. If this be not the cor- case that the use was not public?" Re-rect view, then we confess we are unable to Now, this opinion of the supreme ports. The question in that case was find any authority in the government to acdistinctly stated by the court as fol- complish any work of public utility through court states the matter so much more any private medium, or by delegated author- clearly, explicitly, and pointedly, than lows: ity; yet all past history tells us that govern- I could, in reply to the propositions ments have more frequently effected these purposes through the aid of companies and made by gentlemen upon the other corporations, than by their immediate agents; side of the question here, that I forbear and all experience tells us that this is the most wise and economical method of securing any further reasoning or argument poration is in no essential particular different these improvements. The grant to the cor- on the subject. Mr. FERRIS. Does the gentleman from the employment of commissioners or consider that opinion as applicable to agents. The difference is in degree rather than in principle, in compensation rather the taxing of property for the building than in power. The fact that the company of these roads? I understand it to be receives the toll or compensation, for trans- a decision upon taking lands for the portation of persons and property over the road, is conceived to be a reason, and in right of way. Mr. LONGYEAR. I understood fact the prominent reason, why these associations should be considered as private corpo- the objection of the gentleman to taxrations; but the purpose designed by the government, in the construction of these ing for this purpose, to be upon the roads is the use of the public, the expedition ground that these were private corpoThese objections cover the whole of communication and transit from point to rations and for private benefit. I have ground held by the gentleman from tended for a moment that private property read from the decision of the supreme Kent, (Mr. FERRIS,) the gentleman from could be taken to be used for the latter pur-court of this State that such is not the case; that they are held and deemed Cass, (Mr. VAN RIPER,) and the gentle- pose. The appropriation of the tolls, theregentle-fore, can be regarded only as a compensaman from Wayne, (Mr. LOTHROP.) As tion, and affords no basis upon which to con- to be public corporations. I read it to the objections of the gentleman struct an argument respecting the character in answer to the proposition `of the from Oakland, (Mr. P. D. WARNER,) I of the company, or the validity of its charter." gentleman, that it was not right to tax If here is not a full answer to the people to support or aid these railroads, leave them and him to the tender mercies of the gentleman from St. arguments of gentleman upon this because they were private concerns. Clair, (Mr. CONGER,) and the records question, then I do not know what can Now I have a very few more words to say. This question has been discussed and the journals of the Legislature of be. 1867. [Laughter.] These were the These were the Mr. FERRIS. Was not that decision very fully; the debate has taken a very I will now in relation to taking lands for the wide range. For my own part, I depoints stated in that case. sire, and I apprehend this committee read from the opinion of the court in right of way? Mr. LONGYEAR. Certainly; I earnestly desire to arrive at what is that case upon page 434, Second Michstated distinctly that this was a case really the precise question before the igan Reports: in which that question was involved. committee. I do rot regard this ques"Most certain it is, that as to all their rights, powers and responsibilities, three The gentleman, perhaps, did not hear tion to be one of a grant of power to grand classes of corporations exist. 1st. the remark I made in introducing this the Legislature, for that power is Political or municipal corporations, such as decision; which was, that if railroad assumed to exist, to confer such counties, towns, cities and villages, which, from their nature, are subject to the unlimited companies were private corporations, authority upon townships and cities, control of the Legislature; 2nd, Those asso- then private property could not be by the section as reported by the ciations which are created for public benefit, taken for their use. But the fact that committee on the legislative departand to which the government delegates a porAnd by the amendment oftion of its sovereign power, to be exercised private property could be taken for ment. for public utility, such as turnpike, bridge, their use proves that they are of a pub- fered by the gentleman from Sagicanal, and railroad companies; and 3d. lic character. I read further, on page naw, (Mr. MILLER,) if the power Strictly private corporations, where the pri- 437: does not exist, then why the necessity vale interest of the corporators is the primary object of the association, such as bank"It is true also, that the mode of convey of either prohibiting the exercise of ing, insurance, manufacturing and trading ance and of travel is different upon this road it, or restricting it? I say that either and in this class may also be in- turnpikes and highcluded eleemosynary corporations generally. ways; but the difference springs from the proposition, that of the on the legislative department, Chief Justice Marshall, in McCullough vs. character and construction of the road, and tee the State of Maryland, (4 Wheaton, 316,) in from the vehicles employed, and not in or that of the gentleman from Sagindicating the power of Congress to charter a the use designed. The one is equally bank, says: the power to create a corpora- intended, however, to open good and easy inaw, assumes the fact that the power tion is never used for its own sake, but for communications, with the other; and so far already exists; and that if nothing was the purpose of effecting something else. as travel and the transportation of property said in the Constitution, the LegislaThe object defines the character of these is concerned, the public have the same rights ture would then possess the power unassociations, and by whatever name they may in the one case as in the other, with this dif- ture would then possess the power unThe be styled, their rights and liabilities, and in ference, that the means employed are varied restricted and uncontrolled. many respects the terms of their powers and with the mode of travel. franchises depend upon entirely different conThe fact that upon railroads, individuals question then, is not that of a grant of siderations, and are derived from an entirely do not travel or transport property in their power, although it has been argued different legislative source." own vehicles, furnishes no argument in this here by several gentlemen in that light.

That is not the question before the other works of internal improvement. majority of the bills which were acted committee. The question is between On the immediate results of that upon by the last Legislature, proposing the absolute prohibition of the exercise policy it is not necessary for me to en- to authorize municipal aid for the conof that power, or a restriction of the large; it is a part of the history of our struction of railroads. Supposing that exercise of it; that is all. The prop- State, with which every member of this some of those bills possessed merit, I osition of the gentleman from Saginaw is committee is familiar. It is also, sir, a voted for them; if they did not, so to absolutely prohibit the exercise of the part of that history that the people much the worse for the principle inpower. The other proposition is to per- of our State saw fit to change that volved. I referred to the action of the mit the power to remain, but to restrict policy, and, in the Constitution of 1850 last Legislature, not so much for the its exercise to ten per cent. That is adopted by them, decided in favor of purpose of calling in question the charthe issue, and that is the question now a different one. With the workings of acter of the legislation, as the manner before this committee, and that is the that we are all familiar. I think, sir, in which it was sought to be accomonly question. I do not propose now I hazard nothing in saying that it has plished; and I take the liberty of sayto argue either of these propositions. met the general approbation of our ing that it was disreputable to the I have already said, upon a former oc- people. I might cite as an evidence character of any legislative body, and casion, all I desire to say as to the of that approbation, the unanimity such as I presume my friend from St. extent of that restriction; that has with which the same principle has been Clair and the honorable gentleman from already been settled by the committee adopted here for the State, as a State. Ingham will not attempt to justify. at ten per cent. The simple question Now, sir, I think we should be Mr. HOWARD. I did not propose now is, whether we will prohibit the guided by one great, general principle. to speak upon this question, nor do I exercise hereafter of that power by the We have decided by our action what now propose to occupy a great deal of Legislature, or whether we will permit shall be the principle guiding the time in what I have to say. In fact, it to be exercised, and limit it to the action of the State as a State. Now, after the rule applied by my venerable amount settled by the committee, ten sir, I ask that the same principle be friend from Clinton, (Mr. DANIELLS,) to per cent.? I think, from the temper carried out in all the subdivisions of the remarks and opinions of my youthof the committee, that they are ready the State, to its legitimate results. I ful friend from Cass, (Mr. VAN RIPER,) now to vote upon this question. And wish, sir, the prosperity of the entire yesterday, I have some hesitation in I will, therefore, forbear any further State, the northern as well as the south- embarking in this discussion. I think remarks at this time. ern part. The prosperity of the parts it, however, my duty as a delegate on Mr. FARMER. Assuming the right is essential to that of the whole. For the floor of this Convention, to say which the gentleman from Ingham, myself, I know no particular localities, what I have to say, without fear of (Mr. LONGYEAR,) does, it places this mat- as separated from the rest, in my ter upon the ground of a pure question action here.

of policy. And as the amendment I hope, sir, the committee will allow proposed by the gentleman from Sagi-me to say, at this time, that I regret to naw, (Mr. MILLER,) brings up that hear gentlemen on this floor say in question, I propose to treat this whole substance that if their particular views subject as a question of policy.

Sir, I consider this whole subject a question of policy. The right of society to tax itself and to prescribe the objects for which it will be taxed, and the manner in which it shall be done, will not be denied by any political economist. It has been recognized by I will say further, that as we have our government from its first organiza- decided upon the policy of the State in tion. The policy of taxing for purposes this matter not to tax the people for these I opposed the principle of local aid of the improvement of our internal improvements, I hope that the amend- to railroads by municipal corporations, communications, by the Federal gov-ment of the gentleman from Saginaw, when the question was before under ernment, and by the several States, has (Mr. MILLER,) will prevail, and that consideration in this body; I opposed it varied at different times and in the we will carry out that policy in the upon principle. I cannot discover several States. While many of the separate divisions of the State. that the question whether those railStates still act upon the policy of mak- Mr. P. D. WARNER. I desire to roads are public or private enterprises ing great public works matters of State state that I did not suppose any mem- has much to do with the matter. I control, taxing the people for those ber of the committee would be misled believe that all railroads and other inpurposes, the general tendency of the by the humorous and somewhat satiri- ternal improvements will go on and Federal and State governments has cal remarks of my genial friend prosper, wherever the projectors of been in the opposite direction. This from St. Clair, (Mr. CONGER,) in his these improvements can see that they change in the general policy, I think, reference to me, either as a member will pay. I believe that wherever our sir, has been caused more by our in- of the Legislature, or as a member of waters are navigable, there our comcrease in wealth, as a people, and the this Convention. But having been dis-merce will be carried on. I believe increased tendency to form associations appointed in my expectation, I will that wherever the interests of the State for all the various objects which, at an take this opportunity to say, for the in- require them, and those projects can earlier period of our history, it re- formation of the gentleman from St. be made remunerative, private enterquired the credit of our government to Clair, (Mr. CONGER,) and the gentleman prises will push on the construction of carry forward. from Ingham, (Mr. LONGYEAR,) that by railroads. I believe that wherever the

Our own State, sir, at an early period a careful examination of the journal of capitalists, whose assistance is necesof its history, adopted the policy of the last House of Representatives, they sary to carry on those great works, taxing the people for the purpose of will discover that the Speaker voted can see that there is a profit to be building railroads and carrying on "no," upon the final passage of a large made by it, can see that it will pay to

"

aid in their construction, then they vote, as the last chance, as my only pledged for that purpose. But what will give the assistance required. But chance, to carry out what is nearest to have we to show for that to-day? when the sharp, shrewd capitalist can- my view of the right in this case, for And the same principle will apply all not see that they will pay him, and is the proposition limiting the exercise of over the State. We have a pile of not willing to invest his money in them, this power to the smallest possible dirt, it is true, thrown up in the I can see great impropriety and dan- sum. I believe that we shall not re- city, but not a tie, nor a rail, ger in allowing the voters of the vari- tard the progress of the State; I con- have we yet, and we have no assurance ous townships, unaccustomed to rail-fidently believe that by prohibiting the that the road will ever be built, except road matters, not posted in railroad exercise of this right entirely, we the assurance of the manipulators of projects, to be led on by the figurers should promote the best interests of the road, and of course I would not and manipulators of these schemes to the State. impugn them. The history of the past, involve the credit of their townships Very much has been said here in re- so far as that road is concerned, teaches and municipalities in the constructing gard to the early political and legisla- me that there is danger that all the and carrying on of these projects. tive history of this State. I do not bright prospects may fail, and that all I can see a great difference between propose to enter into that branch of the our bonds may be thrown out into the the principle spoken of here and taxing discussion. I propose merely to say market, and we will not derive that the citizen, by a majority vote of the here that I believe a large majority of benefit which we have so long expected inhabitants, for the maintenance or the people of the State of Michigan are to derive. I believe if the Port Huron construction of internal improvements. to-day opposed in the abstract to the & Lake Michigan railroad was a payEvery citizen under this republican application of this principle, or to the ing project, capitalists would give their form of government, for the benefit he incorporation in the Constitution of aid to it. receives from that government, for the any clause which will allow the appro- Railroads are certainly private proprotection which it gives him in his priation of private property by the ma-jects, so far as the building of them is rights of person and property, and all jority of the voters of a township or concerned. Although they are public other rights, not only owes allegiance municipality to the construction of rail- conveniences, and in many cases public to the government, but, in considera- roads. The minority have rights; they necessities, yet they are not public tion of that protection, is liable to be have rights which should be protected. works to such an extent as to give them called upon for taxes to support the And yet we ask you, Mr. Chairman, the character entirely of public imgovernment There is a difference. be- and gentlemen of this Convention, provements. Without occupying the tween taxing a man for the support of where have the minority a better right attention of this committee longer, I government, to carry it on and defend to look for the bulwarks of their defen- will close by expressing the hope that it, and taxing a man for these projects, ses against the aggression of the ma- if we are to have anything in the Conwhich, while they are in a measure jority, than in the Constitution of the carried on for the public benefit, are State? It is here that we should erect still private schemes, in every sense of those great bulwarks of defense, that the word. An individual who enjoys shall protect minorities against the agall the benefits which this government gression of majorities. confers upon him, owes it to the gov- Now, while I have the greatest con- Mr. BURTCH. Mr. Chairmanernment to pay taxes upon his prop-fidence in the intelligence of the peoThe CHAIRMAN. It may be well erty, and to hold himself in readiness ple of the State of Michigan, I believe for the Chair to state that he notices to defend the government. But I that the past history of the railroad there has been a little neglect on the deny that there is any principle estab- schemes in this State must satisfy ev- part of some of the speakers, in regard lished by the courts, that there is any ery member of this Convention, that to the precise question before the comprinciple from which we can adduce the right of the government, the right of the State, to tax the individual to carry on public conveniences and public improvements which are intended to promote the welfare of individuals, although they may yet be great public conveniences.

stitution which we are here to frame, recognizing the right of municipal corporations to lend their aid to railroads it will be limited to a very small amount indeed.

mittee. It is upon the motion of the gentleman from Saginaw, (Mr. MILLER,) to strike out all of section twenty-seven after the words "construction of any railroad," so that the section will read;

"The Legislature shall not authorize any city or township to pledge its credit for the purpose of aiding in the construction of any

the people have not, in every instance, exercised an intelligent, cool, deliberate action in the matter of voting aid to railroads. I know of one instance where the endeavor was made twice, and even thrice, to secure this aid from townships, and it failed. Then, by the action of those having charge of the road Now, I insist that there is a differ- the engineerers and schemers, a fourth ence, which I believe every member of effort was made in which they finally The Chair makes this statement not this Convention, and every man who is succeeded in getting a very small ma- with reference to the gentleman from in the enjoyment of his senses, can jority in favor of this aid. While I Eaton, (Mr. BURTCH,) but with referunderstand, notwithstanding the de- have the utmost confidence in the ence to other gentlemen who have cision of the supreme court, and not-statement of the gentleman from St. spoken, in order that the committee withstanding the many decisions which Clair, (Mr. CONGER,) that he be- may understand it is the question behave been cited here to establish the lieves that road in which I am in- fore them.

railroad."

principle, that so far as taking property terested, to which my private funds, Mr. BURTCH. Now, Mr. Chairman; for the right of way for these roads is both by tax and voluntary contribution, and gentlemen of the Convention, you incurred, the principle of eminent have been given, will be built, yet I have been so kind to me heretofore, domain does apply, yet there is a limit can see in that very project the danger that I bespeak your kindness now. I to the application of that principle. As which we are incurring. When I hope that quiet will be preserved, and I said before, I opposed this propo- was at home during the last week, we that no man's nerves will be set on sition in the beginning. I had hoped were called upon, as members of the edge. Mine are strung up very feebly that this Convention would not com- council of the city in which I reside, to this morning; I am hardly able to rise mit themselves to the principle of issue our bonds for the first five per in my place. But while I am able to allowing municipalities to aid in the cent. and I willingly voted for it, be- stand up and perform my duty to my construction of railroads. I shall now cause the credit of the city had been country and my God, I shall always do

Mr. GIDDINGS. I call the gentleman to order; the question of eminent domain is not before the commitee.

it. I have cleared my way in the wil- through Christianity, to save those nicipal corporation, and more immer derness in this country; I have taken who are ignorant and vicious from de- diately connected with the people than the axe and attacked the smaller trees. struction. The man who would de- any other corporation in the State. Now, after I have done that in connec- prive-I speak with all due deference The right of the people to take into tion with the remarks made here-I to every man on this floor-the man possession that corporation, and conspeak without any disrespect to any who would deprive me of the rights trol it for their benefit, is a sovereign gentleman, for all upon this floor have, in which I have an eminent domain, right; and by the infringement of that in my opinion, equal rights and equal would strike at the very foundation of sovereignty, they have suffered enorprivileges, and so far as other persons the government. mous evils. We have been paralyzed; are concerned, I would not harm a hair we could not possibly move hand or of their heads. But so far as their ideas foot without appealing to the Legislaare concerned, and are advanced in ture of the State. I say that we should this Convention, they are public prop- The CHAIRMAN. That is true; the be relieved of that paralysis; we should perty, they are your property and my Chair understands the gentleman from be suffered to let our blood flow freely, property, and they are the property of Eaton to be endeavoring to get at the so as to promote the best good of our the world. With that property I pro- question before the committee. He system, so as to secure the blessings of pose to deal. commenced with the Declaration of life, liberty and the pursuits of happiIndependence, and has proceeded four-ness. Yes, sir, the pursuit of happiteen years, to the time of the adoption ness. And here is my friend now, (Mr. of the federal constitution. LOTHROP,) an honest man, the noblest work of God, a stalwart man, but he stands in my way.

4

Mr. FARMER. I rise to a point of order; the gentleman is not confining himself to the subject.

Gentlemen have argued zealously here, and I like to see their zeal in behalf of what they deem to be right, just, and equitable, so far as the rights Mr. BURTCH. Just as quick as the of man are concerned. But, to my underbrush is all cleared out, Mr. own mind this question has greater Chairman, I will get to the question. proportions than any man has yet sug- I am, in my way, clearing it off as I gested in this Convention. In looking best can. When I first went into the back to the rock from whence we were woods, I was called rather a foolish The CHAIRMAN. It is almost imhewn, I see that at the time of the man, because I did not pursue the possible for the Chair to see that the Declaration of Independence there was course which other men did in the remarks of the gentleman from Eaton a great declaration there, which was woods. I may be viewed by this Con- have any relation to the subject now that these truths were self-evident; vention in the same, light. I do not pending. The question is upon strikthat all men are created equal, that want to take up the time of the Con- ing out a portion of this section. The they are endowed by their Creator vention here with foolish speaking. I gentleman has now spent some ten with certain inalienable rights, and think the people of the State would be minutes without the committee being among these are life, liberty, and the glad to pay me for speaking here, if I able to see, and the chairman is cerpursuit of happiness. "The pursuit do not occupy over an hour. tainly unable to see, any direct connecof happiness;" aye, sir, there is a As I remarked, there is a principle tion between his remarks and the subpower in that, in connection with gov- which underlies this whole matter. It ject. ernment. I find in the Constitution of has been claimed that they have been the United States, if I have made no set up and established for the purpose mistake in my reading, that all the of protecting the people, but in fact powers not delegated to the national they have been used for the purpose of government are reserved to the States, robbing the people. And some of those or to the people thereof. When the institutions of robbery have come down national government was organized, from the older form of governments, we surrendered what? We surren- and are in use in this country. I do dered no power that we had not power not wish that any more of those old to surrender. We had not the power forms of robbery shall be inserted in to surrender any of the in- our form of government, so that the alienable rights of man. We sur- people shall be plundered of their rendered only such powers as were rights. I say that great principle necessary to secure those rights. The unlerlies this question. rest of the powers are reserved to the States, and to the people; they are the "eminent domain" which I will never agree to surrender. I will never surrender them, because I believe as the fathers of the Declaration of Independence believed, that the people are capable of self-government.

The CHAIRMAN. It appears to the Chair that the remarks of the gentleman from Eaton have but a distant connection with the question before the committee.

Br. BURTCH. That may be true; but that connection is near at hand. It is said that the fool's heart is on his And let me say to those gentlemen right hand, and the wise man's heart who have argued and reasoned here is on his left hand. I do not suppose with all the force of their power; who the members of this Convention can have expended their energies for the explain why this is so. I suppose it is I suppose it is promotion of good, as they understand in order that he can use it better. I it, and I respect them for it, they fail say that we can form our Constitution in an important point. In connection with all the necessary powers to let the with human society is the right to save people do their business as they see fit that society. It is a right of the intel- in these minor corporations. A town ligent masses, those who have become is a corporation, and as such it has the intelligent through education, and power to sue and be sued. It is a mu

Mr. BURTCH. If the Chair will bear with me for a few minutes, he will see the point.

The CHAIRMAN. The gentleman will confine his remarks to the question at issue, that is, striking out the latter part of this section.

Mr. BURTCH. I am for striking it out. Now, with regard to my friend from Wayne, he has my respect; he is a very tall man who has come in my way here.

The CHAIRMAN. The gentleman can review any remarks made by the gentleman from Wayne.

Mr. BURTCH.. I propose to.

The CHAIRMAN. But the gentleman from Wayne is not the subject under discussion.

Mr. BURTCH. I propose to review the remarks of the gentleman from Wayne. I have a few lines to read here, as follows:

"Standing on the ocean shore of God's eternal truth,

Let us kneel and sip from the crystal fount
That thirsty we no more shall be,

For power to drive the tyrant out,

That freedom's banner may float over the land of the free."

My friend here I have no doubt is really democratic, but we have had a tremendous gale sweeping over the land, and a paralysis has come over that noble man.

Mr. WOODHOUSE. I insist that

: