New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-03-01

the Supreme Court, which is to grant al
persons the same privileges that had bee
exclusively granted to the slaughterhoust
give this as l intended in fewer word
to do 1t, as the legal aspects Of this bill.
does not violate the charter, but it modifie
the charter so as to deprive an existin
company OF privileges which were 1T on
time supposed to be necessary for a grea
public good, but now that that great publ
good. by the voluntary action Of partic
that were supposed to be fighting it, i
accomplished, by the consent Of the partie
who were supposed to be arrayed against il
this bill proposes to take away the restric
tons which public necessity heretofore i'm
posed upon this business. 1t does no
violate the charter; it does not repeal it
The State possesses an inalienablf police
power. and all the messages of all the gov
ernOrS cannot convince an ntelligent body
Ut men that the simple fact that we are wis'
enough to respond to the public heart II
putting down bad and damaging
monopoly, with its two millions OF fourth
rate stock, representing about $2OO.0OO o
capital is going TO damage the credit Of /:
great State like Louisiana. 1t is mere
baldcrdash to bring in this mise,'
able subterfugc as reason why We
should not do justice to two thousand
hard working men by passing this
raw head and bloody bones, that the credit
of Louisiana will be destroyed by it. You
might sink this corporation with all its
stock and all its stockholders out of sight
and the financial pulse of Louisiana would
never throb one throb quicker or slower.
would not have a public credit that re-
CURED every Legislature to iudorse the
bad acts of its predecessor in order to keep
honest apitalists-honest capitalists from
being afraid to invest their money in our
State. hope that the men who put this
bill through acted intelligently; and hope
that out OF Difference to their record.
which is more important to them than the
record Of the past. do hope. out of def
erence to their record, in justice to the PEG
pie who ask this relief, out Of respect fOr
the laws Of the State and in view of the
merits of the question, with ali due respect
to his excellency, will pass this bill over
his veto.
Mr.. Carr, of De Soto: Mr.. Speaker, in
his argument the gentleman has taken very
strange grounds for the passage of this
bill over the veto of the Governor. He
bases his entire argument upon the sanitary
condition OF the city. and what this com
pany will do for the sanitary relief of the
city. Now, that is not the question before
the House at all. 1t is one based upon the
constitution of the United States, and sec
ton ITO of the constitution Of our own State.
1t is settled principle in all law that you
can not divest IL vested right without re-
If you attempt to divest a
vested right, what guarantee have you for
the value Of any stock that you may possess
in any corpoTatiOnl What guarantee has
any one TO whom this Legislature may
grant charter For what YOU do to-day
you undo tomorrow. In other words, you
nave no right, you can give no rights, and
he persons to whom you grant rights have
10 rights. You, therefore, stultify your
elves when you pass such bill. Let us
Ooh at the act creating the Slaughterhouse
company, which was passed in 1869:
That from and after the first day of June,
\. d. 1869, it shall not be lawful to land,
leep or slaughter any cattle, becves, calves,
heep; swine or other animals, or to
AVE, keep or establish any stock landings,
ards, pens. slaughterhOuscs or abattoirs
It any point Or place within the city of New
orleans, or the parishes of Orleans. Jetfer-
on or St. Bernard, or at any point or place
n the east bank Of the Mississippi river
within the corporate city of New Orleans,
n at any point on the west bank of the
river above the present depot of
he New Orleans, Opelousas and Great
Western railroad"
The first section of that act, the first five
Ae ~ II ruAii Aot UC idW " hteD
hese cattle, or to slaughter them,
r to have them within these pre-
cribed limits-above the New Orleans,
nd Opelousas railroad on the other side of
he river-therefOre that is the law: they
hall not laid these cattle, nor keep them.
Or slaughter them. Now let us see the
ther part; the second section OF this act
reates the Slaughter Company. and says:
They and their successors are hereby
reated a body polite and corporate. to be
nown and designated as the Crescent City
ave Stock Landing and SlanshterhOuse
company, and by that name and style shall
ue and be sued; purchase, hold. sell, con
ract, lease, and release, grant, and trans
cr, and may do all things necessary for the
imposes hereinafter mentioned, and per
olm all other acts and exercise and enjoy
II other rights eand privileges incident to
adopt and use a common seal,
make, publish, and alter at pleasure bylaws,
ules, and regulations for the government
4 the company or corporation, and for
he carrying on Of its buinesss;
hall determine and appoint their officers |
nd fix their compensation aud term of |
ftice, and shall fix the amount Of capital |
took of the said company or corporation
nd the number of shares thereof" The |
econd section of this act is the vital point |
f this law: THAT they shall have the
ight to erect wharves. stables. sheds, yards |
nd buildings necessary to land, stable, shell |
n. feed, protect and preserve all kinds of |
orses, mules, cattle. and other animals. |
rom and after the time such buildings, |
ards, etc, are ready and complete for bust
esq, and notice thereof is given in the Off
lal journal of the State, the said Crescent |
ity Live Stock Landing and Slaughter
ouse Company shall have the sole and ex-
luslve privilege of carrying Oh and con-
ucting the live stock landing and slaughter
olsc business The latter portion of the
hird section gives them this exclusive privi-
,ge for twenty-five years. Now, there is a
ested right They shall have the sole and
privilege ofconducting and carry
lg on the business of Strengthening animals
'lthin these limits for twenty-five wears
Ow, let Ills see what article 10 of our State
institution says. 1t reads in this way:
No erpOst fdctO or retroactive law shall be
assed, and no law confirming obligations of
shall be passed, nor vested rights
vested without due remuneration and for
lrposes of public utility, and tor adequate
improvisation made Now, as the Legisla-
ire has seen fit to grant to this company
re sole and exclusive right for the period
twenty-five years, to carry on the bust.
ass indicated i'll the third section of this
It, and as vested rights can not be
vested without remuneration. hold,
Id i have got the decisions of the
lprene Court. the highest authority
this State. to back ME, l hold that it is
't competent, not only for this Legislature.
1t for any subsequent Legislature for
'enty five years. to pass any law by which
lis right shall be Invested without violating
e very constitution we have sworn to SUP,
'rt. You stultify yourselves when YOU
ant charter-rights, and then pass an act
KING them away and violating the consti
Itioh you are sworn to support. can not
! mere and hear a gentleman who has held