New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-01-18

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cisely the same rights as absentees. If
this reasoning be correct, then 1t must
follow that whatever authority may be
exercised over the parish of Caddo or
Cameron, may be exercised over the parish
of Orleans, and over any persons and all
property located in the one as IN the other,
for the doctrine is this: A municipal or
other corporation is created by authority
of the State. The corporation of the
municipality of New Orleans is an act OF
legislation. 1t may be amended, modified,
Or repealed, subject to exactly the same
restrictions as any other corporation. II
there be, as suggested by ':Citizen, san
Client privileges and franchises established
by solemn covenant" they will be pro-
tected from Legislative repeal either by the
Intervention of the representatives of New
Orleans or by the judicial iDjunctions of
the courts But this is exactly what would
be the right and protection of the mayor
and council of Brashear City. The the
DRY Of "Citizen" that New Orleans has ac-
CURED by prescription right to every
franchise older than an average lifetime,
and never disputed in the course of fifty
years of kindly legislation, may be sub
jected to precisely this legal investigation.
If the prescriptive right has vested by IN
disputed uses, it will not and can not be
repealed. The mere antiquity of Gus
tom gives it no protection from the re-
forming hand of q representative govern
ment The progress of the republic is
paved with just such crushed rubble of
prescriptive systems as is here contended
for. There is no such thing as privilege
or prerogative in a republic. All rights
are defined by the constitution and de-
Tended by laws. A United States patent
for eighty acres, dated January, 1873, is
as good in law as the oldest colonial
patent of record, if it ran back TO the days
of COTE o, Raleigh. The example of
other State governments has brushed
away much of these prescriptive cobwebs.
New York city set up the antiquity Of
charter granted under Charles, James,
Ann or George, of England. against the
right of the State to amend this charter
The result of this contest was so conclu-
sive IN favor Of the State that the .Legisla.
ture established the police, the board of
health, and perhaps some other depart
ments of municipal government, and went
80 far as to deprive the municipal authori-
lies of New York of the power to levy and
enforce a tax, except by authority of the
State. If ''Citizen" will inquire he will
see that both the principle and practice
lnder the government of this and other ,,
States has been settled. The power of
he Legislature over a corporation, except
20 far as any right has been given or vested
lnder the law. is too firmly buttressed
~ Legislative enactment aud judicial de-
rec to be overthrown.
But the possession Of this power and |
he mode of its execution are separate
ubjects. We agree perfectly with ''Citi- |
en- that it should not be employed to |
njure the rights or financial reputation of |
he city. but the Legislature must exer.
Use the discretion whether its amend
nents have that effect. We agree with
i'm also in the exceedingly abstract and
dogma ''that none but ty.
ants. drunk with pride, power. avarice
nd blood, take away civil rights and rob
ncient corporations lor anybody else)
of their treasure or ancient privileges"
The principle Of Legislative amendment
{ municipal charter in its largest sense
eing established. we shall exercise the
light to discuss all the propositions of
mendme1t embraced in che bill now or
3 any time pending on this subject.
'hese amendments we may take up here
fter.