The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1851-11-01
useful purpose can be obtained under such condi-

|
tons
The projectors Of the New Orleans, Jackson,
| and Northern Railroad have not been deferred by
these provisions from making some preliminary
ganization and raising by voluntary subscription
an amount sufficient for the necessary preliminary
expenses OF survey, location, etc. Under this ar
| Iangement the stock taken amounts to 100000.
This is evidence, under the law and under the cir
cumstances OF the case, Of the zeal, enterprise and
good faith with which the road has been projected.
IL is insisted, however that this road is a work
inently public in its character, and calculated to
| promote the general prosperity of the State, and
especially enhance the value Of the entire property
situated on the line OF the and at its termin
and that justice therefore requires that for its
construction be provided at the expense of all those
| who are to share its benefits. This seems eouita.
| BILE. Experience, as | have heretofore observed
has shown that real estate is the first to feel and
feels most directly, the beneficial influence Of in
ternal Improvements. 1t is proposed, accordingly,
to obtain the passage of law vesting in the par
ishes OF the State, with the concurrence of a ma
Jorly OF their legal voters, the right to levy spe-
cia tax upon real estate for the promotion Of rail-
roads. Individual subscriptions have generally
proved insufficient for such works and it is not
just to suffer those who will participate in their
| advantages to throw the whole burden upon few.
There are always to be found in every commu-
| nifty, some rich men whe acquire real estate, and
who knowing that such estate will be enhanced in
value by whatever adds to the value Of real estate
| Seueidiy, ouu especially Dy works OF Internal In
Provement, will refuse to aid in such works.
because not at first profitable in themselves, how.
ever advantageous in their general results upon the
community. They say: "Why should we sub.
scribe? If others subscribe, and the community
benefits thereby, we will share in the common
benefit, without paying or riskng any thing"
Such man was the late John McDonogh and |
know half dozen such at this time in New
Orleans. The object Of the proposed law is to
compel such persons to contribute fair quota for
the benefit they will receive from the establish.
ment of the railroad And the question of deter
mining whether the tax shall be imposed or not is
to be submitted to the people themselves in the
city and IN the parishes through which the road is
to run They all interested in the general rise
or depreciation of real estate and if not proprie-
tors, at least expect or desire to be so. The tax
proposed will be very light Upon real estate,
one-half per cent. would give five dollars upon
thousand. At the end Of four years it would
amount to twenty dollars. But the tar is not
without some equivalent, in addition to the benefit
conferred upon real estate by the road for the
amount OF the tax is to be represented by stock to
be parceed out to the property holders, vino may
dispose OF the same if they think proper, and thus
diminish the amount Of their assessment trust,
eilo"-citizens that you will give your support to
law SO equitable and just, well calculated to
advance the interests Of every portion of our city
, and OF our State. know no other way in which
any great work Of improvement can be carried on
with probability OF success under the present
Constitution Of the State.
With system of Free Banking, and with
| system OF railroads, such are proposed in the
Wing Platform, the people of New Orleans will
ENJOY the benefits Of capital-a sound circulation
convertible into specie at all times, and under ali
circumstances; while a new spirit of enterprise
| Will be infused into commerce, and will develop
the Of the State and give new ENCOURAGE
| ment to labor.
IL we turn to the Judiciary Department of the
Government, We will find its structure equally de.
= fecve. The Constitution provides that !" the Su-
preme Court shall be composed OF four Judges, viz
OF one Chief Justice, and of three Associate JUS
il tces I" and that in all cases in which the Judges
/. shall be equally divided in opinion, the judgmen,
n | appealed from shall stand affirmed
The act Of 1876 divides The State into seventeen
1 . Judicial Districts. For each District one Judge
has been appointed except in the First Judicial
( District, composed OF the parish and city of New
Orleans, in which there are five District Judges
Now, IN the District Courts of New Orleans, we
have fiye Judges OF very different characters and
{ very different minds A question may be brought
before Judge Buchanan in the Fifth District Court,
which he may decide in favor of the plaintiff A
precisely similar case may be brought before Judge
4 Kennedy, in the Third District Court, and he may
decide it in favor of The defendant and in direct
| opposition to the opinion of Judge Buchanan
Suppose an appeal should be taken from each of
these decisions and that both cases should be ar
gued before the Supreme Court, at the same term,
and 1t may be, on the same day. If the Judges of
/
t opinion, The Judgment of Judge Buchanan would
be affirmed In one case, and the judgment of Judge
Kennedy would be affirmed in the Other The
g consequence is, that, under the operation of the
I Constitution, we may have, in cases of appeal,
' directly contradictory decisions upon the same
point by the Supreme Court.
s Ihe same thing may occur in case of appeal from
any other District Courts OF the State And it has
been held that one decision of The Supreme Court
on point in one case, not conclusive or binding
/ the Cont tharc nho
is the Court may decide cases, but it cannot settle
principles; and the people of Louisiana are in tina,
condition which has been described by enlightened
0 Jurlsts, as wretched savery-where the law is
, vague anu uncertain. There is scarcely difficult
and important question presented to the Court upon
which there is not some division of opinion among
d the Judges And 1t Is not uncommon to some
OF the junior members of the Bar going to the Su-
pfeme Court on Monday morning, smiling at the
r | anticipation OF hearing that which fills the elder
r | and graver members of the Bar with deep regret
l. | and morlihcation--ihe dissenting opinion of Judge
r Preston, of Judge Rost. of Judge Slide, or Of
+ Chei Justice Eustis. II is, indeed, lamentable to
reflect that the frequent cOntrariety of opinions has
v greatly impaired the moral power of the Court over
if the sentiments of the people, and has shaken the
IS public confidence in the wisdom Of that tribunal
e The Supreme Court themselves have, under an
extraordinary Interpretation, decided that the Con
If slituiioh has not given them adequate power to
protect the right of the cilizen in criminal cases
l. Inc constitution, therefore, submit to your con
sdsratlon, fellow citizens, has in this respect also
failed to answer one of the main objects for which
n it was established.
is Under the Constitution of 1879, and the legisla
e ton OF this State prior to 1S43, no appeal was
i allowed in any criminal case. The Judge of the
i first instance heard, and finally determined the
J, matter. Under this state of things there was nc
liked principle to govern the Judge alike, but each
Judge OF necessity laid down the rule in the court
8 over which he presided Hence it not nfre.
D quently happened that what was adjudged law in
one district, declared to be law in another
In 1od3 remedy was applied to this evil. 1t was
o urged, that man acquitted in one district of an
d offence, could be condemned under the same cir
Il cumstances for similar offence in another distric
g as felon-that law to be just and entitled to the
respect and obedience of the people, must be fixed anc
q certan-an invarable rule operating in the samt
/; way through every part of the State. 1t was in
sisted also, that if party is entitled to an appea
IS whenever the matter in dispute exceeded three
hundred dollars in civil case, he ought certainl,
u to be entitled to an appeal in involving hi,
life, his liberty, or his reputation. The Legisla
ure yielded to the force of this reasoning, and il
!, 1913 established Court of Errors and Appeals il
= criminal cases, and gave it only appelate jmrts
. Our present Constitution has given to the Suprem,
y Court "appellate Jurisdiction only" and 1,
!, !, criminal cases on questions of Lsy alons.
y The appellate jurisdiction, then, in crmna
cases, under the act Of 1s43, and the appeat,
a jurisdiction in criminal cases under the presen
% Constitution alike confined to questions of law
% and conveyed in terms tantamount and equivalent
a Under the act Of 1S43 it was contended that tn,
I IL.