New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-01-31

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| Live Stock Landing and SiaughterhOuse
! Company, beg leave to submit as the result
] of their investigation end consideration,
| the following report:
| Your committee find among che public
| statutes the act No. lis OF the General As
sembly, " 10 protect Che health OF the clty
| of New Orleans to locate she stock land-
| ing and slaughterbouse, and to incorporate
| the Crescent City Live Stock LANDAU and
| Slaughterhouse Company, approved March
| 8, 1869
! Vt is deemed necessary 10 here give an
| abstract OF the leading provisions o! thls
act.
The FIST section makes i. unlawful under
! penalty OF ESQ iDr each and every viola
ton, 50 keep or slaughter any cattle,
| beeyes, calves, sheep. SWINE or otler AMI
! mails, slSughterhOuses or aboalolrs any
| where within the city OF New "r!eans, OF
the parishes of jefferson and ut. Bernard
! either on the east or west bank OF the Mis-
| sissipp' river above the hslers HeYot oil
| Morgans Texas railroad.
| The third section authorizes the erection
by the company, at any point on she river
! below the said railroad depot, OF Whar'eS.
| stables, sheds, yards and buildings neces-
sary % land, stable, shelter, protect ana
| PR serve all kim! OF horses, mules, cattle
| and other animals; and that said company
| have the sole and exclusive privilege OF
| conducting and carry ing on the live stock
| landing and slaug hterhOuse business within
| the limits of tho parishes OF Orleans, st.
| Bernard and Jefferson, and all cattle ana
| other animals destined for slaughter or sale
| within the limits mentioned, shall be land
! cd at the landings and sheltered II the
| yards of the company.
! For each steamship landing az the
F., wharges of the company, the company is
entitled 90 exact Zee OF sic, TOR each
| steamboat o. and COR each horse, mule,
! bull, OK or COW landed, for each and every
day kept, ten cents; for each and every
hog, calf, sheep or goat, every day ave
cents, all without including feed; and the
company il empowered to Getaln each ana
all animals until said fees or charges are
fully paid, and il not paid within fifteen
days the company is authorized To proceed
| TO cell the animals at auction for reimburse
ment. ANY violation of tho privileges
hereby exclusively extended TO the com
pany by this sectiOR 70 be punished by
fine or penalty OF $3.50.
The fourth section timply further gCaraT-
. tees the enjoyment of the exclusive privi-
lege OF the live stock landing, the slaughter
ing Of all animals intended for slaughter,
and :hs sheltering of all animals offered
for sale in the parishes Of Orleans. 81 Ber-
nard and jefferson.
| The seventh section provides that she
company shall receive for Strengthening the
| following tees or perquieites: kor all beeVes
! one dollar each: for all hogs and calves fifty
| cents each; for all sheep. goats and lambs
thirty cents, and, III addition 20 these fees,
the company is allowed the head, feet, gore
! and entraiis of every and all animals ex-
| cepting hOgs.
These are the main features of the acq.
There are other requirements which are
! merely ministerial Ill detail.
Your committee, after careful c0nsldera-
| Of hot Ia Sh Es.
| repealed or materially modified. This
| opinion has been formed by several reasons.
While il is not the wish or the province
! of your committee 30 question the Intention
| OF the General Assembly in the enactment
Of this law, yet they do not shrink from
| doubling, NOS only the legality, but the
| public policy, of some OF its most prOmi-
| nenc features. There is not a question of
doubt that the passage OF the law, SO far as
il operates as = sanitary or strictly police
| regulation, was ar act OF wise legislation
| No good citizen does or can object to those
provisions requiring the Strengthening Of all
animals for consumption at point below
the city, and th- inspection OF the same be
fore slaughter. AZ the same time no re
| aecting citizen can acCede 60 tho justice,
wisdom or policy of e law the scope ana
operation Of %hich establish and protect a
| monopoly IL The interest of a corporation to
the injury OF private individuals and the
community.
Your committee hold that she company
Incorporated by this act IS a thoroughly
! equipped monopoly. The authorization of
the company in point of location, the cree
tion of wharves and buildings. the eXclu-
sive privileges, The fixed fees, tie penalties
J and the term OF years prescribed as a lIni-
tatien. constitute not only che sraHe %0Sk,
bat the safeguards OF a monopoly.
As before remarked, therc rs ns objection
20 thP ScS SO far rs il makes provision FOR
sanitary and police regulations, but when
/ IL goes heyOn. this r0in:, Sn1 establishes
! an Incorporated monopoly, giving 90 a few
select individuals the sole anG exclusive
privilege, for a long term 81 years, 90 carry
! on, at enormous and fixed rates, at a GER
tail point, a business OF vast magnitude, a
participation liz which rs a right 10 which
every citizen is entitled it ;san act not only
! deserving ccnde!n cation, but unfit to ap-
; pear as a statute in she records OF State
! legislation.
The -laughtefinc of animals FOR food in
3 large city like New Orleans and its en-
1 sirons, il, undoubtedly. a matter for police
: and sanitary regulation: but to ordain and
effect thisfregulatiU.. it was not necessary,
within the compass and operation Nf che
! same enactment, 8" create monopoly ct
the expense of public rights
To protect the health OF she citizeDs OF
! New Orleans by compelling the slaughter
ing OF animals as point below the city,
| where the filth and ottsl of the shsmhies
could NOT iaBregnSts tha water Of the viveF
used by the public. end resgilisng an in
sp~ction 90 prevent enc slaughter OF
| diseased animals, il was net necessary 20
grant to a corporation the exclusive p-ivi-
leges which have beer granted TO this com
pany. The police power of the sta,e. tG be
eff.ctual, needed no such partial legiela-
eion. 81 il idle 20 say that. in order 10 Sc
1,1,o
in the slaught3ging OF animals for food, re
strictions have 20 be imposed upon an &C.
| GupatiOn in winch any citizen enjoys tie
! right 20 engage, and these restrictions in
! posed. zoo, IN sGTor of corporation, and 90
Size sole and exclusive benefit of the few
5ndividuals ~ho composo that corporation.
:>Su.h restrietiG2s violate Che civil rights OF
citizens, their liberty, their property and
their pursuit OF happiness, 20 seeHye which
Soc government was Instituted.
The occupation OF siaG entering animals
and preparing the mest thereof fOv market
. rs &n ancient aDJ e lawful occupation, and
! one in which THE citizen isas The sigzt 20 en-
! gage withOuS restraint, eseept so lax As
! pubic safety, health or necessity NAV re
| quirs. but no further. The bill Of rights
| embraced in the constitution OF this State
| declares chat al! men are free and equal;
| that they enjoy che same civil, POLITICAL
!: and pzblic righrs and priv !eges, ana are
! subject 90 che same pains and penalties"
. !, requiees no argu2ensso show tina. tge
: corporation created by this slaughteshouse
act is endowed with greater rights and
privileges than other persons in she pursuit
OF the occupation % slsuehteyiEg animals.
! and is not subject 70 tie same pains and
penalties" Ss are imposed upoa persons
pursuing tAe business of butchers.
II it does net endangeT the public health
fox the slaUghterhOUse Company 20 carry
ON The busirees OF butchers in the locality
prescribed in the acn, low would it 60
danger the puddle health fog other aersons