New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-03-09

ing about these transactions
This first paragraph proposes to enforce
upon the city of New Orleans certain Ordi-
nances passed by the city. 1t proposes to
compel the city of New Orleans to carry out
these ordinances. Now, you will find by
this very first section undue advantage is
taken of the city. But, sir, if these ordi-
nances, which the city has passed, ought to
be carried out, and the city ought to per
form that which it seems they have been led
to uudnsy award to the Chattanooga Rail
road Company the courts Of the Stale
they could enforce their rights through
the courts without any additional mandate
and direction from the Legislature to the
city, requiring il to give up It's property and
interest, and perform work for the benefit
of this company in grading and opening
streets, and it is one which the company can
not require from individuals, under the con.
stitutiOn ofthe State and the constitution Of
the United States, without previously pay
ing for all that it requires from these indi-
yiduals.
Mr.. Smith: The Judiciary is corrupt.
Mr. Bacon: Yes, Fir; aud If the Judiciary is
/. any more corrupt than there Is corruption
elsewhere, | am very much mistaken. The
fourteenth line begins thus: Aud the city
is required,' etc. Why, sir, when this COM
pany goes through the plantation of an in
dividual, they have TO make their own road
between them. Why should the city be
compelled to open d place for
this company; to purchase properly
and pay for it. and open q road Tor
this company. Why should it not, when
it ONE into the city Of New Orleans, go 30
the same expense and labor as when it
goes through the plantations Of people III the
country Why should the City OF New Or
leans be made to expend the money Of It's
citizens. raised by taxation, to purchase
property and TO open and grade and fix it
Tor this company? Is there any justice in
that? VII. should |. as q citizen of New
Orleans, be compelled 20 pay q AK for this
company in addition to the bounty il gets
| from the State 10 open streets and build
bridges for its benefit? Now, sir, If the
company has obtained advantages from New
Orleans through what the Senator on my
left calls the corruption Of It's officers, let it
90 to the courts AID enforce its claim there,
not conc 10 the Legislature to compel the
city government TO carry OUT its ordinance,
which has given 1t such al extraordinary
advantage.
The section further says: at shall be
! the duty Of the authorities" etc. OR. Ba-
Con here read from the section. Now, sir,
II can 20 TO the court now, and in the Ordi.
nary delays OF Judicial proceedings, Can 10
tain whatever Is just under the ordinances
| that have been made. This, sir, is asking IN
| uUiust advantage Of the city of New Or
leans. These gentlemen, who have never
left the country parishes to come up here
and iegislate for US, they would resist the
! taking away Of Il dollars worth Of property
/ belonging TO them, unless 1t was paid for by
the company but when they come up here
| they are wiling 10 put taxes on us to force
US 70 give TO this company the right OF way
aud then grade and fix it up for them. Now,
| SIR. from the next paragraph Of this, |
49,, ,sL.-S,l,oT fb-t Tho u1n+lauan vgbl co u
they do not wish ID give any undue judicial
advantages should introduce SUCH things as
this.
! CIr. Bacon here read from the section).
Now. sir, this is the property of which the
| Senator from the First District spoke,
which he says IN his argument in favor of
this grant. | believe the senator from CIai-
borne Is in favor Of this blil himself, as he is
drowning cut sly voice by speaking against
il. L4uphter.) The Senator from the First
District declared 20 Us hare, that these side
| walks. twelve feet IN width, were guaran-
teed 10 the people of New Orieaas, ny Ber-
nerd and Marigny when he laid out these
| streets Tor d public walk, aud yet this Legis-
! latuIe proposes to take away from the PEG.
| Of New. Orleans, to whom 1t was, 90 the
| gentleman himself says, given for a
public walk. and give 1t for the uses
Of this private corporation. The excuse
| given By the gentleman is that it was grant
| I'd by the city many years ago 20 tue Pont'
charttalr raj road, but they did not use It,.
II the Pontchartrain railroad dld no. use IT,.
ne tner should the Chattanooga railroad
company. Instead Of undertaking to give It
! to the Chattanooga company, lhe P0n;ch2r-
! train railroad should 7 turn it 10 the public
ne for which il WAS first dedicated; BUT,
e.r. Il can rot be tak-n away. This Indian
! p1liCy Of tax NJ away what has already been
! given to one and giving It to- another, Is
| neither fair or just. Now, sir, these sections
! contain these three extraordinary grants 70
this company, ami l cali the attention OF
! those gentlemen who said they would hot
allow any extra Judicial power to be given
10 This company, 10 these PORTIONS OF
II. Mr.. Bacon here read from the
sfctlons}. %forbidding the courts to
exercise any judicial power on this subject.
lMr. Bacon here read further from the sec
tiJn.) Thus, SIR, ii is constituted al m
pire. giving opt onal powers 10 do those
things. and the courts are forbidden TO inter-
fsre whit, even although they interfere on
behalf of the public interest. II the pubic
are entitled, as the Seuator from the First
District SAYS, to the use OF twelve feet OF
banouette on each side for their recreation
and use, and although it may be insisted
there is a right already invested IL tne
Pon,cha train Railroad company TO Use and
employ these banquet.eS, If this public
| C'g III VI uSS tOtS NV CLb ADhSN- Nhi'Hf ~
this company is authorized without proceed
ing. to deprive the present possessor of 1t III
a iudicial manner as other people nave TO 40,
and as every Individual citizen has
TO do. The legislature UNDERTAKES
TO give to this company the power
10 go add take possession OF THIS piece OF
ground, and to use it not oily against the
present possessors Of it, vino are entitled to
be sued and to resist it in the Ordinary way
by the courts of law, but the public, who
are entitled to the use of it, as the Senator
from the First District said. having been
dedicated to their use, and they permitted
to do this without the interpretation OF
court, absolutely fixing the owne snip. me
actual DEGREES OF court are set asldH Oy tal9
undertaking OF the Legislature OF tie Sta'e
of Louisiana, and yet gentlemen tell me
here they are gong TO eliminate from the
hill al the uncoustitutional and extra judi
ciai grants. Now, | ask, i such Is their III
t~enti0n, that they str Ike out these provisions
from the bill. | you'd like, sir, while | am
standing here, if it be not improper, and not
objected to, to reply TO some remarks maze
by Senator's respecting the policy proposed
in this bill.
Mr.. Lynch: That would not be in order, !
think. | now move to lay the amendmen.
of Senator Bacon On the table.
MIR. Bacon: | call for the yeas and nays.
The amendment of SIR. Bacon was laid on
the t~able-yeas q, nays ID.
Mr.. Futch: Mr.. President, ! am surprised
a. the position of Senators here. l~supposed
that this whole section was to be stricken
out.
Mr.. Lynch: I move the adoption Of the
section as amended, and Cali the previous
question.
The main question was ordered, and the
section adopted as amended.
Mr.. Ray: l appeal again 10 the Senate to
adjourn. Ihave read this bill but once,
surprising there would be an opportunity
tn pYamiue it carefully. thinb