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persons； and the other； which especially improves the condition of
things。 The first is equal and the same for all。 The poor man； quite
as much as the rich one； needs to go and come and to look after his
affairs； he uses the street； pavement； sidewalks； bridges； highways；
and public fountains quite as much； he equally benefits by the
sweeping and lighting of the public gardens。 It may be claimed that；
in certain respects； he derives more benefits from all this； for he
suffers sooner and more keenly when bad roads stop transportation；
arrest labor； and increase the cost of food； he is more subject to
contagion； to epidemics； to all physical ills； in case of a fire； the
risks of a workman in his garret； at the top of steep； narrow stairs；
are greater than those of the opulent proprietor on the first story；
in a mansion provided with a broad range of steps。 In case of
inundation； the danger is more suddenly mortal for the humble
villager； in his fragile tenement； than for the gentleman farmer in
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