New Orleans Republican., 1868-08-26
proved March IA, 1857 most respectfully
signed1 A. J. DEMAREsr,
Uhhlfmhls
W. G. MELVIN,
M. RAYMOND,
D. YOUNG,
JAMES McCHIIE

W. L
! D. YOUNG,
JAMES McCULLEN.
The report was received, adopted, and
placed on the calender for the third reading.
Mr.. Curell, of Orleans. member of the Ju-
dietary Committee, submitted the following
minority report on House bill No. IL:
HoUsR OF RRPRRsExrATIvEs, !
Room Committee on Judiciary, !
| New Orleans, AuRust "a 1855. '
To the Honorable Speaker and Members of the
House Of Representatives:
The undersigned, member of this COM
mittee, to which was referred House bill
No. -, entitled an act to protect all persons
in their civil and public rights, begs leave to
present this, his minority report adverse to
the recommendation of the majority Of thif
committee.
Of the many reasons for which this bill
should not be adopted, the undersigned first
urges it's unconstitutienality.
S,.The late State Convention saw TT to follow
in the footsteps of its predecessor in recog
nizing the principles OF vested rights en-
grated upon the constitutions of our sister
States, and embodied this recognition oi
rights in article ITO of the constitution oi
1868, which reads, NO ex post facto law nor
any law impairing the obligation ofcontracts
shall be passed, nor vested rights be dlVest-
ed, unless for purposes OF public utility, and
for adequate compensation made.
| The bill to protect all persons in their civil
and public rights. the text of which con.
slider not only not in accordance with its
title. but directly Violative thereof, provides
no adequate compensation, while II clearly
divests the vested rights of prOprietors OF
STEAMBOATS, and other conveyances, places OF
entertainment etc., and that, too, for no
purpose of public utility.
This House should not, in its haste to
grant new privileges to some, boldly attempt
to legalize an unwarrantable dispossesslon
of others, for the prorrletors of these vested
rights will need nothing more than the inter.
position of the courts to maintain these in
! their possession.
The undersigned believes with the late
Chief Justice Eustis, aud would like to i'm
press the same conviction upon this House,
that "a citizens right to his property, une sr
| the law, is the highest OF all public rights,
| and one which ali men have the deepest in
terest in viudicating aud maintsinipg.'
This bill provides that this act shall go
into effect from and after its passage Has
its framer forgotten that the State of Loui-
siana and the city Of New Orleans have en-
tered into contracts with these proprietors
of steamboats,, etc., by their collection OF
licenses, etc, and that the Constitution of
the United States, rs well as the State con-
stitution, forbids the enactment OF any law
impairing the obligation Of contracts,
Can it be pretended that these proprietors
have no vested rights The undersigned
for the purpose of illustration, will take
! from the number Of those which 1t is pro.
| posed to dispOssess the proprietors of steam
or sailing vessels or water craft, for whose
/ intention the bill seems particularly to have
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 author is Massachusetts
| I.inrigt nd ba ia In n
aud esteemed for its correct aud lucid ex-
| positions OF the common law, aud the decis-
! IONS rpon this subject. 1t page 800, section
! SO, says; 1t is Deverless true that the OBJ
! legation (t0 carry persons who apply i II
| transpOrtGtlon) IS subject to the Qualtica-
tions, that the regular fare be rendered, or
! there be an offer to pay it; that there be
sufficient room that freshets in a river do
not render it impraCticable or dangerous to
| cross ferry, and that the applicant is not
an unfit person to be received as passenger
and that he had no design to iujure the car
rier in his business. The right of passengers
| to passage on board ofa steamboat is not an
unlimited right. But it is subject to such
regulations as the propretors may prescribe
Tor the due accommodation Of passengers
! and for the due arrangement of their busi-
ness. The prOprie' ors have not only this
/ right, but the further right to consult and
provide for their own interests in the man
1
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 Tul.
| gar habits or conduct, or who make dis
| turbances on board, OF 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-
| crattve toithem.
| Section $50 reads: Another qualification
to which the prima fscie duty of the owners
of stage coaches, railroads, and steamboats,
| to receive persons who apply for passage
on tender vi 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
proprieCors Of steamboats,, etc, are divested
of their property the very moment the Leg
islature 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 q common incident
to their right of property. These rights
have repeatedly been adjudicated upon and
recognized in cases, some of which
the undersigned reserves TO himself the
right to quote hereafter when this bill ia
| taken up for the consideration of the House:
the Legislature is also forbidden from pass
| lug such bill as this because it would he
contrary to public policy, a fact which none.
however wild in their schemes of equality.
can gainsay. The political axiom that soci.
ETY. makes laws, but laws can not make soci.
ETY., is too we'll known to need any elabora.
ton in community where every one is
aware that there have been lying dead upon
lts statute books laws passed in direct oppo-
eition TO the sentiment of the people. such
rs those forbidding 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 it enacted
would generate constant and serious tur-
molls in the community, The members of
this House all know the repugpance which
the white population throughout the whole
country have 70 treating those of the col
cred race upon terms of social equality with
themselves, and even if it had the sem6lance
OF legality, such an enactment could never
De enforced in the United States. Such q
change as is contemplated by this bill could
only be Effected by social means. and re-
quires time. Hurried legislation upon the
subject can only be productive of evil, and
erect new barriers against its accomplish
ment.
Respectfully submitted.
tsignsdl JAMES r. cuIRSELL,
Mr.. Kent, of st. Helena, moved that the
report be printed.
Carried, "e
Mr.. Lott, of Rapides, moved that the bin
be also printed and made the special order
for Thursday next. =