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his massive constructions。 Accordingly； under this heading； the poor
man owes as much as the rich one； the rich man； at least； owes no more
than the poor one； if； each year； the poor man cannot pay but one
franc； the rich one； each year； should not pay more than that sum
likewise。 … The second advantage； on the contrary； is not equal for
all； but more or less great for each； according to what he spends on
the spot； according to his industrial or commercial gains； and
according to his local income。 Indeed； the more perfect the public
highway is； the more are the necessities and conveniences of life；
whatever is agreeable and useful； even distant and remote； more within
reach； and at my disposition； in my very hands； I enjoy it to the
utmost； the measure of my enjoyment of it being the importance of my
purchases； everything I consume； in short； my home expenditure。＇6＇ If
I am； besides； industrial or in commerce； the state of the public
highway affects me even more； for my transportation； more or less
costly； difficult and slow； depends on that； and next； the receipt of
my raw materials and goods； the sale of my manufactures； the dispatch
of my merchandise； bought and sold； while the measure of this special
interest； so direct and so intense； is the annual sum…total of my
business； or； more strictly speaking； the probable sum of my
profits。＇7＇ If； finally； I own real estate； a house or land； its
locative value increases or diminishes according to the salubrity and
convenience of its site； together with its facilities for cultivating；
selling； and distributing its crops； for its various outlets； for its
security against floods and fires； and； after this； to improvements in
public transit； and to the collective works which protect both soil
and buildings against natural calamities。＇8＇ It follows that the
inhabitant who benefits from these services； owes a second
contribution； greater or lesser according to the greater or lesser
advantage which he derives from them。
IV。 Local associations。
Local society； thus constituted； is a collective legal entity。 … The
sphere of its initiation and action。 … Its relation to the State。 …
Distinction between the private and the public domain。
Such is in itself local society and； with or without the legislator's
permission； we find it to be a private syndicate；＇9＇ analogous to many
others。＇10＇ Whether communal or departmental； it concerns； combines；
and serves none but the inhabitants of one circumscription； its
success or failure does not interest the nation； unless indirectly；
and through a remote reaction； similar to the slight effect which； for
good or ill； the health or sickness of one Frenchman produces on the
mass of Frenchmen。 That which directly and fully affects a local
society is felt only by that society； the same as that which affects a
private individual is felt only by him； it is a close corporation； and
belongs to itself within its physical limits； the same as he； in his；
belongs to himself； like him； then； it is an individual； less simple；
but no less real； a human combination； endowed with reason and will；
responsible for its acts； capable of wronging and being wronged； in
brief； a legal entity。 Such； in fact； it is； and； through the explicit
declaration of the legislator； who constitutes it a legal entity；
capable of possessing； acquiring； and contracting； and of prosecuting
in the courts of law： he likewise confers on the eighty…six
departments and on the thirty…six thousand communes all the legal
capacities and obligations of an ordinary individual。 The State；
consequently； in relationship to them and to all collective persons；
is what it is with respect to a private individual； neither more nor
less； its title to intervene between them is not different。 As
justiciary； it owes them justice the same as to private persons；
nothing more or less； only to render this to them； it has more to do；
for they are composite and complex。 By virtue even of its mandate； it
is bound to enter their domiciles in the performance of its duty； to
maintain probity and to prevent disorder； to protect there not alone
the governed against the governors and the governors against the
governed； but again the community； which is lasting； against its
directors； who are temporary； to assign to each member his quota of
dues or of charges； and his quote of influence or of authority； to
regulate the way in which the society shall support and govern itself；
to decide upon and sanction the equitable statute； to oversee and
impose its execution； that is to say； in sum to maintain the right of
each person and oblige each to pay what he owes。 … This is difficult
and delicate。 But； being done； the collective personality is； as much
as any individual； complete and defined； independent and distinct from
the State； by the same title as that of the individual； it has its own
circle of initiation and of action； its separate domain； which is its
private affair。 The State； on its side； has its own affairs too； which
are those of the public； and thus； in the nature of things； both
circles are distinct； neither of them should prey upon or encroach on
the other。 … Undoubtedly； local societies and the State may help each
other； lend each other their agents； and thus avoid employing two for
one； may reduce their official staff； diminish their expenses； and；
through this interchange of secondary offices； do their work better
and more economically。 For example； the commune and the department may
let the State collect and deposit their 〃additional centimes；〃 borrow
from it for this purpose its assessors and other accountants； and thus
receive their revenues with no drawback； almost gratis； on the
appointed day。 In the like manner； the State has very good reason for
entrusting the departmental council with the re…distribution of its
direct taxes among the districts； and the district council with the
same re…distribution among the communes： in this way it saves trouble
for itself； and there is no other more effective mode of ensuring an
equitable allocation。 It will similarly be preferable to have the
mayor； rather than anybody else； handle petty public undertakings；
which nobody else could do as readily and as surely； with less
trouble； expense； and mistakes； with fewer legal document； registers
of civil status； advertisements of laws and regulations； transmissions
by the orders of public authorities to interested parties； and of
local information to the public authorities which they need； the
preparation and revision of the electoral lists and of conscripts； and
co…operation in measures of general security。 Similar collaboration is
imposed on the captain of a merchant vessel； on the administrators of
a railway； on the director of a hotel or even of a factory； and this
does not prevent the company which runs the ship； the railway； the
hotel； or the factory； from enjoying full ownership and the free
disposition of its capital； from holding meetings； passing
resolutions； electing directors； appointing its managers； and
regulating its own affairs； preserving intact that precious faculty of
possessing； of willing and of acting； which cannot be lost or
alienated without ceasing to be a personality。 To remain a
personality （i。e。 a legal entity）； such is the main interest and right
of all persons； singly or collectively； and therefore of local
communities and of the State itself； it must be careful not to
abdicate and be careful not to usurp。 … It renounces in favor of local
societies when； through optimism or weakness； it hands a part of the
public domain over to them； when it gives them the responsibility for
the collection of its taxes； the appointment of its judges and police…
commissioners； the employment of its armed forces； when it delegates
local functions to them which it should exercise itself； because it is
the special and responsible director； the only one who is in a
suitable position； competent； well provided； and qualified to carry
them out。 On the other side； it causes prejudice to the local
societies； when it appropriates to itself a portion of their private
domain； when it confiscates their possessions； when it disposes of
their capital or income arbitrarily； when it imposes on them excessive
expenses for worship； charity； education； and any other service which
properly belongs to a different association； when it refuses to
recognize in the mayor the representative of the commune and the
government official； when it subordinates the first of these two
titles to the second； when it claims the right of giving or taking
away； through with the second which belongs to it； the first which
does not belong to it； when in practice and in its grasp the commune
and department cease to be private companies in order to become
administrative compartments。 … According to the opportunity and the
temptation； it glides downhill； now toward the sur