Dodge v. Mission Tp.

Citations

• 107 F. 827
• 54 L.R.A. 242
• 1901 U.S. App. LEXIS 4027

Syllabus

<p>1. Legislative Power to Tax and to1 Authorize Public Debt Limited to Public Puliros®.</p> <p>The power of a legislature to levy or to authorize the levy of a tax, and to create or authorize the creation of a public debt to be paid by taxation, is limited to its exercise for a public purpose.</p> <p>2. Determination of Nature of Purvose of Taxation Not a Legislative, but a Judicial, Function.</p> <p>The decision of the question whether a tax or a public debt is for a public or private purpose is not a legislative, but a judicial, function. A. legislature cannot make a private purpose a public purpose, or draw to itself or create the power to authorize a tax or a debt for such a purpose, by its mere fiat.</p> <p>3. Promotion of Sugar Mills not a Public Purpose.</p> <p>The promotion of the construction and operation of mills and factories to manufacture sorghum cane into sugar or syrup is a private, and not a public, purpose.</p> <p>4. Bonds for This Purpose and the Act Authorizing Them Void.</p> <p>Township bonds issued for this purpose, and the act of March 1, 1889, authorizing tlieir issue, are beyond the powers of the legislature and the township, and are void, a</p> <p>(Syllabus by the Court.)</p>