The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-06-04
WANTED-A NEW DEFINITION.
Editors Of the Bulletin:


Since Balaam's ass opened its mouth an,
spoke, there has not perhaps been any othe
utterance from any other living thing up t,
the present day, which has created sucl
surprise until the Supreme Court of tn,
State of Louisiana through Associate Judg,
w. q. WHY Judge Howell only dissenting
opened its mouth to give the luminous de
clslon in the matter Of State taxes, in thu
case of the State VS.. A. A. Maginnis.
The State tax total for 1871 and 1872, 81,
mills each year, is composed of variou.
items OF taxes, some nine or ten different
levies; each separate item of these nine OF
ten, being by virtue of a separate act of the
Legislature levying a special tax for the
special purpose named in the act.
AS to some portions Of the total tax levy
there has never been any question raised, as
they are conceded to be altogether light
mate and right. But as to some ether OF
the items of the tax there is no doubt what
ever that the tax is tiagrantly unjust il
legal and void. In regard to two of these
items and upon the directly opposite de-
cisiOns of the court upon them wish now
to speak.
These two items are the taxes, one mill
each, levied by Act No. 81, of 1871, issuing
$1,3On.5OO of State bonds after the S25, OOO,-
600 constitutional limit was reached, to re-
place the bonds stolen from the free school
fund. This Act No. 81, was declared uncon-
stitutonal, illegal, null and void, by Judge
Hawkins, over one yeara ago, and the decision
has been maintained. The other is the one
mill tax levied by Act No. 95, of 1871, to pay
interest and principal of the 81, 500, 900 bonds
fraudulently issued to the New Orleans and
Texas railroad, for the VermiliOnville (non)
extension. These bonds were issued after
the So, 600 900 constitutional limit was
realized, and were a fraud upon the State
The Attorney General of the State attacked
both Acts 81 and IS, and has obtained iutlg-
lnent in favor of the State in both cases. Act
81 has been declared unconstitutional, and
the bonds issued under Act No. 95 null
and void, the State not responsible ami the
State Treasurer and Auditor enjoined by the
Supreme Court from warranting for and pay
ing any principal or interest of said bonds.
Amen
But now, before the same honorable (!)
court, comes the tax payer, in the person Of
A. A. Maginnis, who is sued for the one mill
each levied by acts 81 and IS; pleads their
uncenstitntionalitv (they have already been
so declared by the courts), ard asks that he
obtain Judgment in his favor, condemning
said taxes as illegal and void, and he not
liable for them; when, 10 and behold, the
sapient court opens it's mouth; says he has
no interest in the matter; then lifts it's judi
clal hOof and kicks the taxpayer incOnt-
nently out of court, and assessing twenty
five per cent. damages per year against him
for having relied upon the decision of the
courts that the acts were illegal, and that
his property was not responsible for the tax
levied by those acts. Heigh no!
TAINTED to know
What is the State?
Will the Supreme Court aid the Attorney
General please define.
Hitherto We have been foolish enough to
think that the citizens of the State, with
their property, were the State; that gov
were instituted for the protection
of the citizen and his property and liberties
that a judgment in favor of the State, bene-
fitting her, would favor and benefit the citi
zen aud his property. This has been made,
however, the veriest nonsense by Judge
WHY'S decis ion.
The State is freed from payment of the
bonds and interest; the Auditor is enjoined
from warranting for, the Treasurer from
paying said bonds and interest the bonds
declared illegal and void.
Hurrah for the State
Citizen and taxpayer, you have no inter
est III this matter; you must pay princi-
pal and interest of the bonds levied for in
the taxes, under acts 81 and 95, and IS per
cent per year damages for being so great a
fool as to imagine your property vas to be
benefited. Git up and git!
Oh, poor taxpayer!
What do they want with the money?
What is the State 8.