State v. Vicksburg & Nashville R. R.

Citations

• 51 Miss. 361

Syllabus

<p>1. Donation on Lands : By the general government. Act of congress, 1862.</p> <p>The act of congress of 1862 donated lands for the endowment, support and maintenance of at least one college “ for instruction in agriculture and mechanic arts.” The state accepted it upon the conditions of the grant: Held, that the state could only control the fund by action of the political department of the government.</p> <p>2. Same: Same: Power of the legislature over fund and colleges.</p> <p>It was intended that the discretion should be conferred upon the legislature to make the selection of the investments for the fund. The discretionary power of tbe legislature over tbe subject of tbe investment of tbe funds, and also in tbe establishment and change of the colleges which are to be the recipients of the fund. Neither of the colleges have, as against the state, a vested right to property or corporate franchise. Tarbell J.. dissenting.</p> <p>3. Same : Same : Coordinate branches of government, absolute and independent, in exercise of their functions.</p> <p>If the regulation of a subject belongs to the legislature, the choice of means is purely in its discretion, and no other department of the government can intervene, on the ground that the law is unwise. It pertains exclusively to the legislature to say what “ stocks ” are safe and solvent. Its decision is binding and conclusive on the judiciary, nor can they interpose on the suggestion that the stocks they have selected are unsafe. To attempt to control or restrain the law-making department in this respect, would be an encroachment on the functions of another branch of the government. When the state acts as a trustee, it acts through the legislature, and assumes the same measure of responsibility that pertains to it in the exercise of its law-making power. No other mode can be suggested m which the state can manage a fund for charitable uses. Tarbell, J., dissenting.</p> <p>4. Chancery: Jurisdiction over a charitable fund and