Horace Gray

“ It is true that this article regards the right of eminent domain, and not the power to tax; for the taking of property by taxation requires no other compensation than the tax-payer receives in being protected by the government to the support of which he contributes. But, so far as respects the use, the taking of private property by taxation is subject to the same limit as the taking by the right of eminent domain. Each is a taking by the state for the public use, and not to promote private ends. ”

“ Subscriptions and bonds of towns and cities, under legislative authority, to aid in establishing railroads, have been sustained on the same ground on which the delegation to railroad corporations of the sovereign right of eminent domain has been justified,-the accommodation of public travel. ”

“ The thirteenth section peremptorily denies to the state the power of giving or lending its credit to, or becoming a stockholder in, any corporation whatever. The aim of the fourteenth section is to forbid the legislature to authorize counties, cities, or towns, without the assent of the tax-payers, to become stockholders in, or to lend their credit to, any corporation, however public its object, (State v. Curators State Univ. 57 Mo. 178;) not to permit them to be authorized, under any circumstances, to raise or spend money for private purposes. ”