New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-02-01


cents each; for all sheep. goats and lambs
thirty cents, and. in addition to these ices,
the company il allowed the head, feet, gore
and entrails of every and all animals, eX-
cepting hogs.
These are the main features of the act
There are other requirements winch are
merely ministerial in detail.
Your committee. after careful consldera-
ton, are of opinion that this law should ne
repealed or materially modified. IhlS
opinion has been formed by several reasons
While it is not the wish or the province
of your committee 20 question the intention
OF the General Assembly in the enactment
of this law, yet they do not shrlnH iroln
doubling. not only the Legality, out Tue
| public policy, of some ot lie most proui'
! nent features. There is not a question OF
doubt that the passage OF the law SO lar DO
! IL operates as a sanitary or strlctly ponce
regulation. WAS an act OF wise legisld, ION
| No g,,od citizen does or can object TO those
proyi.ious recurring the slaughterlng OF All
| animals for consumption at polht pelo"
| the city, and the Inspection OF ne sathe DC
| fore slaughter. At the same time no re-
| fiectine citizen can accede to the )nstlce,
wisdom or policy of law the scope anu
| oneration of which establish and protect a
monopoly in the interest of corporation to
the iniury of private individuals and the
community.
Ynur committee hold that the company
incnruorated By th!s act 10 a thoroughly
equipped monopoly. The authorization OF
the company in point of location. the cree
ton of wharves aud buildings the eXclu-
sive privileges. the fixed fees the penalties
and the term of years prescribed as lint
tatiou, constitute not only the frame work
but the safeguards Of monopoly.
AS before remarked there is No objection
to the act so far as it makes provision for
sanitary and police regulations, but when
it goes beyond this point, and establishes
an incorporated monopoly, giving to few
select individuals the sole and exclusive
privileges, for long term of years, to carry
on, at enormous and fixed rates, at GER
tain point, business of vast magnitude,
pariicpation in which is right to which
every citizen is entitled, it Is an act not only
deserving condemnation, but unit TO ap-
rear AS a statute in the records OF State
legislation.
The slaughtering of animals for food, in
a large city like New Orleans and its en-
virons, is, undoubtedly, a matter for police
and sanitary regulations but to ordaln and
effect this regulation, it was not necessary,
within the compass and operation of the
same enactment, to create monopoly &t
the expense of public rights.
To protect the health of the citizens Of
New Orleans by compelling the slaughter
ing of animals at a point below the city,
" here the filth and uttal of the shambes
could not impregnate the water OF the river
used by the public. and requiring an ia
spection to prevent the slaughter OF
diseased animals, it was not necessary TO
grant to a corporation the exclusive priyi-
leges which have been granted to this com
panV. The police power of the Stale, to be
etftctual, needed no such partial leglsla-
ton Ii is idle to say that, in order TO Sc
cure proper police and sanitary regulations
in the Strengthening OF animals for food, re-
stlictions have to be imposed upon an oc-
cupation in which any citizen enjoys the
rirbt to engage, and these restrictions i'm
posed. too, III favor of a corporation and TO
lie sole and exclusive benefit of the few
indiViduals-who compose that corporation.
Such restrictions violate the civil rights of
citizens, their liberty, their property and
their pursuit of happiness, 10 secure which
the government was Instituted.
The occupation of Strengthening animals
and preparing the meat thereof for market
is an ancient and a lawful occupation, and
one III which the citizen has the right to en-
gage without restraint, except so far as
public safety. health or necessity may re-
uuirc. but no further. The bill of rights
embraced in the constitution OF this State
declares that all men are free and equal;
that they ENJOY the same civil, political
and public rights and privileges, and are
subject to the same pains and penalties.
Ii requires no argument to show that the
corporation created by this straightforward
act is endowed with greater rights and
privileges than other persons in the pursuit
of the occupation of Strengthening animals.
and is not subject to the same pains and
penalties" as are imposed upon persons
pursuing the business of butchers.
Ii it does not endanger the public health
for the Slaughterhouse Company to carry
on the business of butchers i'll the locality
prescribed III the act. how would 1t en-
danger the public health for other persons,
in the same locality. to pursue independ-
entity the same avocation? Can it be said
that tins statute incorporating this com
pany does not violate the bill OF rights
where it gives To the company greater
rights and privileges in the pursuit OF Il
lawful occupation than it does to other
persons. and where. under "palns and pen
altics, il prohibits a large class OF persons
within the limits OF three parishes. EN-
bracing half the population of the State,
from Strengthening animals. unless they do
SO at the slaughterhouse OF this corporation,
and pay to it Il heavy contribution tor eacii
animal slaughtered Is there equality be
fore the law under the operation of such a
statute, where The many are forced to serve
the few-wheTe labor Is forced TO pay trl-
butte to a monopoly;
Your committee maintain that the creation
of this monopoly is in no manner necessary
to promote the puhic health. That object
would DO accomplished without it, just az
well az with il. All the public health re-
guired was that the Strengthening and land
Ing Of animals should be prohibited above
the city. and permitted below it. The mo-
mrnt the business of Strengthening was pro
hibited above, and a locality designated
below the city, pubic necessity ceased TO
have further demands in the premises. The
right 10 impose this monopoly upon sanitary
grounds can not. therefore. be Justly MAIN
tained TIE creation of the monopoly was
not, and is not. measure necessary to
protect the public health
Even admitting that the General Assem-
bly,, in the exercise of lis police power, pos
sessrd the right t. create such monopoly,
vet, is such law Just and equitable Does
it not work a hardship upon the citizen! If
it is right. Just and equitable TO confer upon
a few men the sole ana exclusive privilege
of Strengthening all the animals necessary
for the daily consumption OF upwards of
three hundred thousand people. would it
not be equally right, Just and equitable TO
confer upon similar number OF men the
sole and exclusive privilege of baking the
daily bread of the same community, or pro
viding all the vegetables fruit. fish and
oysters required for consumption! Certain
lv one is as right, just and equitable as the
other It.. however. the police power Of the
Legislature can compass such results, and
establish such monopoIies. there is no fur
Their use for bills of rights and written con
situations.
The citizen has no greater property than
the freedom of trade and labor, and it can
not he taken for private purposes, but only
under public necessities and for public
uses. That the provisions OF the act incOr-
ating the SlaughterhOuse Company work
directly to interfere with the freedom of
trade and labor of the citizen, for solely
private purposes is too clear to admit of
question. The tribute which is exactcd for
the sheltering and tho slaugbtering of ami