New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-02-01

l UI6S.
There are two propositions upon which
the Council bases itself immovably. l.
That the public debt of the city is sacred
2. That the creation of new municipa
corporation is equally ''impracticabl
The reasoning upon the first proposition
is as follows: at is nos to be presumed
that the Legislature would author;z. sucl
a measure"
With the recent legislation IN regard 4
the State debt. it perpiexes one to see why
language, mandatory or permissory, would
not either compel or allow the city to de-
clare its own inability to meet its own en-
gagements and relieve its taxpayers
from the accumulated burden OF STATE
as well as city taxation. As the
greater includes the less. powe, which
can exempt the citizen of :. State from
his share of the public obligations on be-
half Of the State, will certainly include the
power to exoneyate citizen 0: the same
State from his obligation to pay his share
ofapublic obiigation1ncuyred by NUM-
cipality. Especially when the municipality
owes its authority to contract debt TO the
Legislature; and can only give validity to
any act through the will of the LeSisia.
ture. Every creditor 0: the city must have
made lis contract of deb: in contemp'a'
ton of an outstanding power to enact any
legislation not inconsistent with consti.
tutional prohibition. The Legislature.
then, may do any act affecting the mum.
cipal obligations of citizen Of Louisiana
resident within the jurisdiction OF the
municipal authorities 81 New Or.
leans which it nigh. do with
respect to any other citizen resident else
where within the State. It follows, then,
that if the Legislature may lawfully annul
forty per cent Of the State debt, it may
exercise a similar power with respect to
the city debt. This legislation may be
permissory or mandatory, at the discre-
ton Of the Legislature.
Distrusting, apparently, the force Of its
first position the memorial goes on to
argue that the city corporation might be
compelled to pay the debt by due course
of lave 1t says.
obtained, the effort to repudiate would
probably be unsuccessful as the corpora.
ton, like an individual. is amenabie to law
and could perhaps be compelled b. judicial
process to meet its obi cations.
The apprehension conveyed in this para.
graph IS !es: the corporation property
should be seized and sold to the value o:
twenty-five millions. I: IS plain the
municipal property would bring no svcl,
sum. nor cou!I a State judiciary gran: q
."aniamus to compel the imposition o:
taxes. since that powe: is exclusively re.
served 70 tie Legislature. The State may
enac: tina: the corporation shall! 40. be
suabie for this class 0: obligations. thus
limiting its corporate liabilities as under
the general powe. stated it has RICH: to
90. The danger Q: so:npuls:oa by '.jsIi.
ciai process IS thu. s..owa 90 be ;m:g;'
nary.
The ''c.ea:ion o: !. ne,: municipal! coz.
po;at:on' would be IN This view un:..c.so
sary. sine. :he present corporation could
!e as wei: "yeiievei from the deb: az!
inculHbrances. This view may. perhaps.
not be unacceptable % Tie Council. since
j: will diminish ~ one the dangers o: :.
reorganization. Tia: III. ''c:e-
alton Of e new co:goration' is no: entirely
".mp,ac.;cabie" woUid be shown eoaciu-
sive!y il. ease Q: = new election. since
Mayor Witt az! lis sa!lar: company
would inevitably accompany Governor
Kellogg in his polit;ca! exile. The titles
.: both depend alike On The validity o.
the last election. and cur Fusion friends
seem willing to throw their friends Of the
city administration overheard 90: .
chance 8: Ill the offices. State and
i;u: This IS aggressive.
Having proclaimed the .anctity Of
this vast debt. with is annual
interest 0. one and . third millions. ..
about one pc: cent taxation upon city val.
les, the memorial goes on to show tina.
The sinking fund. toy which the Council is
required to make an annual levy. may be !
suspended. This apparently comedies the
power Of legislation as 10 This particular
fund, but as this may have been 40 part
Of the contract with the public cseditoy
we let it pass without 1emark. Assuming
he power for the Legislature and the pur.
pose to execute il. she suspension 0. this !,
sinking fund IS Sc: down Tor fifteen per
cent of the proposed economic. o: The
Council
It will be observed that Of the .hre. and
1 third millions which must be levied for. |
one and one-third millions. or nearly one.
half is for interest on money borrowed
and expended without providing any rep. |
resentatives resource to inee. the cbliga.
lion incurred thereby. II j. shall! tu.H
out that the city pays of a.! the coupons
roy which i is responsible. then ,no.. /:
han two millions out Of the three and . !
-hivi will he employed in paying Tor a |;
lead !oyse." IS the poo. people have i.
Having. however. disposed c: the public
lebs as above Republication. Tie meGos:a!
eanters gaiiy to conclusion. Tie Com. !,
mon Counci. should be empowered 70 con.
troll the police. which would e:tec. :. say.
Ing-in the newspapers Q: three hundred
md sixty thousand dollars. ''Iany snail !
r,lantitias .na.a ~, q s,,n.' w. en-