The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1869-01-23

The following is the minority report sub
mitted by Mr.. JOS II. De Grange, of Orleans,
from the special committee to which was re-
ferred the bill introduced into the Legislature
a short time since, abolishing the present city
government and creating provisional govern
ment We commend a perusal of it to our
readers, as it embraces many of the same ar
guments which can be brought to bear against
the city charter which is now being concocted
for the people of New Orleans
srArE OF LOUISIANA, }
Hall House Of Represent ktIvss I
Nes Orleans, January q. 1869
10 the Honorable the Speaker of the House Of Represents
The undersigned of the special committee to
vhom was referred House bill No. Al, entitled
"a an act to abolish the existing government Of the
city Of New Orleans, and to establish provision.
al government for said city," cannot agree with
the majority of the committee in recommending
the passage Of the bill.
The ~ of New Orleans, as we'll as all the citi-
Zens thereof and of the whole State, have rights
under our Republican form of government. and
Vhch Is necessarily part Of it, whether there De
any constitutional provision or not, which no
legislative enactment can abridge, and among
these is the right of the people to self govern
ment under certain laws, which il is admitted the
Legislature have power to enact and By Officers OF
their own selection.
Although the special provisions in the COnstitu.
tons heretofore in force in Louisiana in reference
TO New Orleans, were omitted 10 the Constitution
OF 1865, yet the doctrine, above enunciated. "a
to the riEhts reserved to the people, aud which
the Legislature cannot abridge, is expressly re.
served by article fourteen Of the Consultation of
1868, which provision was never Incorporated Ia
sDy former Constitution. but which is 10 az exact
conformity TO the Constitution of the United
States. should. therefore, the Legislature pre-
sumo TO psss the bill, and to put it 10 operation,
il would lead TO extensive litigation, with great
probability Of success in favor of the city and the
citizens. and against the pretended unlimited
power OF the General Assembly. For though
courts have decided that the Legislature of a
State has supreme power, except when eX-
pressly restrained by constitutional provisions,
yet all the cases thus decided amount TO little
more than an dbllw dici1mI " and were
never argued before the court itself, bat
taken for granted in each case thus decided
But in addition to the reasons against the bill,
based on general principles, and the confusion
and almost financial ruin imminent on the passage
and enforcement of the provision of the bill, it
also seems to be clearly 10 conflict with the eX.
press provisions Of the Constitution Of 1868 ITSELF
By article l54 elections were ordered and pro-
vjd0d for throughout the State, including munci-
pal elections. These elections were held, aad
among those elected were the present officers and
Common Council of the city Of New Orleans.
By article l5S it was provided that all the Off
GERS thus elected were to continue in Office for
there should be any doubt on the subject article
l49 continues all laws in force at the time of the
adoption of the Constitution, thereby fixing the
tenn Of all municipal and other officers elected
by the people.
But in addition to the foregoing, the act in
question is an attempt 10 90 an act-nlmely, to
remove the officers and Common Council in a way
not authorized by the Constituton-namely. by
general enactment amending a former act when
article LOG Of the Constitution expressly provides
that ''all civil officers shall be removable by al
address Of two-thrds of the members elect to
each house of the General Assembly," etc., thus
showing clearly this confct.
And again, there is now pending before the
House lefty charter" reported upon by the
joint committee Of The Gene al Assembly.
From these reasons, among others, am COM
PEELED to dissent from The report of the majority
committee, and protest against the passage of the
act
All of which is submitted.
J. Il. DEGRANGE, of Orleans.