Page:Journal of the Sixth Legislative Council of the Territory of Michigan.djvu/169

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March 7.]
LEGISLATIVE COUNCIL.
157

duties therein contemplated might be safely lodged with the auditor. Indeed it has seemed to me, that such officer might properly be charged with most of the duties contemplated by the act. Should the bill be amended agreeably to those suggestions, I will cheerfully give my assent to it. Considering it objectionable in its present form, I return it to you.

G. B. Porter.

March 7, 1834.


To the President and Members of the Legislative Council of the Territory of Michigan.

A bill has been presented tome entitled "an act to incorporate the Detroit Co-operative Association." I cannot, from a careful perusal of it, ascertain what the intention of this association is. The bill provides for a charter of twenty years duration, with full power to purchase, hold and convey, any estate real or personal, without restriction, as to who shall be members—not even confining it to citizens of the United States. It is essential in every law of this kind, that the objects, articles and conditions, should be clearly expressed. It may be, and probably is, that the objects of this association are very laudable. Should they so appear, when set forth, it will afford me pleasure to aid them, by permitting an amended bill to become a law. It is proper, however, here to remark, that the power given in this bill to purchase, sell and convey real estate, must be restricted to such real estate as may be necessary for carrying on the specific business of the company.

As sundry bills providing for the incorporation of companies have already been crowded upon me at this late stage of the session, and there are many more bills before you, I cannot better express my views on the subject than by giving them in the language of a highly respectable statesman of the present day:

"The opinion is entertained by many of our citizens, and not a few of our statesmen, that individual enterprise has been greatly discouraged, and in some instances entirely depressed, by the too general and indiscriminate conferring of corporate privileges, creating monopolies in branches of industry, which ought to be left to individual exertion alone. The true line of discrimination would seem to be this, that in all great and important undertakings or enterprises, having for their object the advancement of the public convenience, accommodation or interest, to the accomplishment of which individual effort and capital would be inadequate, acts for the incorporation of companies or associations of individuals may be safely and in many instances beneficially granted: but wherever a branch of business or enterprise of any kind can be successfully and advantageously conducted or carried on by citizens in their individual capacities, there ought to be no legislative interference;