New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-08-29


imPsiting the obligation Of eonsraets?
Can 1t be pretended that these proprietor
have no vested rfghtsl The undersigned
for the purpose Of illustration, win take
nom the number Of those which II 10 pro
posed TO dispossess, theproprietors Of steam
or sailing vessels. or water craft for whose
been framed.
| Two short quotations from Angel on the
law OF common carriers will suffice for the
purposes Of this report, with the preface
however that the aukhor Is Massachusetts
Ijurist, and the work is universally quoted
and esteemed for It's correct and lucid ex-
positions of the common law, and the iecis.
Ions upon this subject. At page 496, section
SIS, says: 1t is neverless true that the OBJ
legation Ito carry persons who spply fol-
transportation is subject 70 the quaiifica-
tons, that the regular fare be rendered, OF
there be an offer to pay 1t; that there be
sufficient room; that freshets In river dc
not render it impracticable or dangerous "a
cross ferry, and that the applicant Is not
an unftperson to be received as passenger,
and that he had no design to injure the car
| rler IN his business. The right of passengers
to passage on board of steamboat is not an
unlimited right. But 1t is subject to such
| regulations as the proprletors may prescribe
Tor the due accommodation of passengers
| and for the due arrangement of their bust
ness. The proprietors have not only this
| right, but the further right to consult and
| provide for their own interests in the man.
| agement of such boats as q common Incl
dent to their right of property. They are
not bound to admit passengers on board who
refuse to obey the reasonable regulations of
the boat, or who are guilty of gross and yul-
gar habits or conduct, or who make dis
turbances on board, or whose characters are
doubtful, or dissolute, or suspicious, and a
portion, whose characters are unequivocally
| bad. Nor are they bound to admit passen-
gers on board whose object is to interfere
with the interest or patronage of the pro-
| prietors, SO as to make the business less lu-
cratiye to them.
Section $50 reads: Another qualification
to which the prima facie duty of the owners
OF stage coaches, railroads. and steamboats,
70 receive persons who apply for passage
on tender of the fare, is their privilege of
prescribing all reasonable regulations in
respect to the admission of persons into
their carriages, depot, etc. 1t Is clear that
proprietors of steamboats,, etc., are Invested
Of their properly the very moment the Leg
lslature imposes upon them such conditions
as deprive them of the right TO prescribe
such rules as they may think eXpedient for
the due arrangement Of their business, and
to consult and provide for their own inter
est. which Angel calls a common incident
to their right of property. These rights
ANPS1eSA4J pCSh UPON ana
recognized in cases. some of which
the undersigned reserves to himself the
right to quote hereafter when this bill is
taken up for the consideration of the House:
the Legislature is also forbidden from pass.
lug such bill as this because it would be
contrary to public policy, fact which none,
however wild In their schemes of equality,
can gainssy. The political axiom that soci.
ETY. makes laws, but laws can net make soci. |
ely, is too well known to need any elabora.
ton in a community where every one is
aware that there have been lying dead upon
its statute books laws passed in direct oppo-
sttlon to the sentiment of the people, such
Is those forbiddiDg dueling, gambling, etc.
This bill is an attempt to secure for certain
class of our population social rights which |
their representatives in the late convention |
had no idea of giving them, and il enacted |
would generate constant and serious tnr-
moils in the community. The members of |
TINS House all know the repugnance which |
the white population throughout the whole
country have TO treating those of the col
pred race upon terms of social equality with /
themselves, and even if it had the semblance |
of legality, such an enactment could never /
be enforced in the United States Such a |
change as is contemplated by this bill could |
only be effected by social means, and re. |
auires time. Hurried legislation upon the !
subject can only be productive of evil, and |
s ~" O@iAieAs aeaAnst us dCcoupllsn-
'ne Pnsno.tf,u, ..h-.,,.os
rSiened1 S TAMEs r cI1pErI
OF Orleans.
Mr.. Kent, of st. Helena. moved that the
report be printed.
Carried,
MT. Lott' OF hapides, moved that the bill
e also printed and made the special order
u ra an;arsoay next
One hundred and fftv comics Of the him
md minority report ordered 70 he nrintea
INTRODUCTION OF BILLS.
Under a suspension of the rules Mr
lahier, of West Baton Romeo introduced
he following hill.
House bill No. :. an act 10 armand sDa
e.enact an act entitled an at 81 oatah AZ,
Board of Flour Tnspectors sor tba c,t, "a
,o-e ~ No., n.,o-,.s " - wy anu
ss7 and pumhersa 'I 10 @pptDse1 @AfSn %
The bill passed ID erst rs.,,,nn 49,. -.
,lacad on ~ colando- Auu was
RI NJ O.. 49,. - o..
Dy M. OarFs OF Orleans: 4
House hill NJ. an oct - a., ....asa. L.
ermina tbe soIo,,os ~ a. ps.-s |. 80
Of tbe ,, ~, - NJ en-. aOnce
y " lss.Ousrs q 1ae Guy Of new Orleans,
's'.Olisheu oy an act entitled an set estab.
shlng Board OF Police Commissioners for
be city of New Orleans, approved JuIv q
aea - ? |
~,
bli passed us hrst reading, and was /
laced on the calendar.
Under a suspension AZ The rria. NJ
- 70 o.els,s.- -. NC AuAes N.H'
lorey, OF OuachltH, gave nOtico that he