The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1867-12-24

stated in the law, after providing that their
business was to frame constitution, Congress,
by the eighth section, granted them the power
to do something else-that is, to levy tax to
pay the expenses of the Convention. 1t is
legal principle accepted on all hands, that,
when law which grants power specifies those
which are granted, all others are held to be
excluded. In this view of the case, the legality
of all the acts done by the Southern Conven-
tions, except those related directly to the
framing the Constitution, and levyiDg the tax
provided for, is open to question and denial.
The fact that Congress deemed it necessary
to insert in the law the grant of power to
levy tax to pay expenses, is conclusive proof
that without such grant the Convention
would have no power to pass any law of the
kind. And if it could not do this--a thing
necessary to its continued existence-without
authority from the enabling act authorizing
their existence, how can they pass stay laws,
grant divorces, annual contracts, and do a
score of things having no possible relation to
the Constitution they are to frameP
The Constitutional Convention of Louisiana
has Just adopted an ordinance so extraordi-
nary in its character, and likely to be so op-
pressive to the State of Louisiana in its pre-
sent impoverished condition, that the inquiries
we raise become peculiarly significant. To
pay the expenses of the Convention that body
has ordered the issuance of bonds to the
extent of $780, 900, drawing interest at the
rate of eight per cent. per annum, the prin-
cipal payable in two years. 1t appears that
certain outside spectators have agreed to
take these State securities at sixty-fve cents
on the dollar thus paying $l95, 900 for State
bonds of the par value of $500, 900. They
will receive S24, 900 interest per annum on the
par of the bonds, which is 121 per cent. and
more upon the sum they pay. AT the end OF
the two years, they will have received $4s, 900
sV,faN fhnW vuifh Aha l.,
reducing the bonds, or $34S 900 in return for
payment of $l95, 600. The New Orleans Plea
yune says of this extraordinary affair."
"The tax payers will, therefore. have paid TO
somebody Sl53,000 for the use of Sl95 900 for two
years, which is more than so per cent per an
mum. The sum actually advanced would at the
rate OF per cent, amount in two years 10
Sl22,OOO being the net profit of the speculationn
1t cannot be denied that the takers of these
bonds run considerable risk, for it does not
appear that the Convention has any more au-
thOrity to order the issue of bonds upon the
faith of the State OF Louisiana than a town
meeting has. The act of Congress, in the Sth
section thus describes and limits the power of
the Convention to raise money
THE Convention in each State shall prescribe
the ices, salary and compensation to be paid TO
ali delegates and other officers and agents here
the purposes of this act not herein otherwise
provided for, and shall provide for the levy and
COLLECTION OF Sucn taxes on the property In the
State as may be necessary TO pay the same"
The New Orleans Picayane, in commenting
upon some of the provisions of this very ex-
traordinary bond ordinance, says:-
"They may hx the compensation OF members
ana levy tax on the property In the State to
legal Interpretation they have no authority to
raise money for any other purpose, or In any
other way than by the h levy 5 and collection Of Of
the Convention departs in almost every respect
from the conditions OF authority which the
law provides for the government OF the Con-
yen2tii6n; vent iH a. ,ssroot nords vn,on :. - ouo,.o
Of legislative powers distinct from that oflevy-
ing and collecting taxes. IL devolves the duty
OF levying the necessary taxes on the State
Auditor, who IL no ofhcer oftheirs. II requires
him to assess certain rates OF taxation, and to
take charge OF the proceeds and redeem the
bonds at various dates, thereby leglslating not
only for the present Constitution and state om-
GERS but extending legislation to the new Con-
stitution and new functionaries that have not
yet constitutional existence, and may never
have any; for the Conventions labors at Const-
tuition making may possibly come TO nothing.
provide for which the authority was specially
bestowed, and raises sum which ls recognized
to be beyond It's own requirements; and under
take to appropriate the surplus to a general
fund for the use OF the Legislature of the state
5 tuition to be adopted The raising by Dor.
rowing at usurious rates OF money beyond the
wants OF the convention 70 be applied to the
In State to be organized under Constitution
not accepted, and not even framed, must be
considered very free exercise of the simple
power to ascertain and find means by taxation
for their own expenses.
''The whole transaction is unlawful, and
marked with worse traits OF lavish squauder.
Ing OF the poor remains OF State credit In a
usurious speculation, which every true Louisl-
anian will desire TO see fail. There are a great
many things yet indispensable TO give form
of legal vitality TO the bargain, and make 10
binding on the good faith of the taxpayers.
"The equitable way would be for Congress to
foot the bill at once, and settle with the future
State when made. At least II the people OF the
State are to pay the cost OF the machinery sent
among them TO grind out government TO be
set over Them common decency requires that
some protection should be extended TO them
against such audacious extortions."
NM Nexx AIaha,,. cous1te.,.s.