New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-07-05
FUTILE AND FURr1vE LEGISLATION.

FUTILE AND FURTIvE LEGISLATION.
In pursuance of our admonition and
appeal to the constituency Of Louisiana,
without regard to race, color or past con-
dition, to exercise more vigilance in the
choice Of legislators, we have cited the
sturdy and efficient resistance which GER
tain claiman have encountered at the
doors of the treasury, and the conse-
quent reduction Of the appropriations Of
the late Legislature. DESTROYS to i'm
press still further upon the voter the i'm
portance Of choosing men having at least
sense and knowledge enough to conceal
their most pa.pable blunders, we refer
again to the improvident franchise granted
the Association for the Prevention of Cru
city to Animals as an example Of careless
or incompetent legislation.
Two Of our courts have been compelled
to waste time and learning over this alb
,surd and empty grant of power. Perhaps
it is a grievance upon our part to have
been obliged to print and publish these
lucid and self-evident opinions. The
nullity of the law appears from the fol-
lowing reasons:
l. The com mon law undoubtedly re-
rognizes any act of violence upon animal
as violation of personal rights
lbroperty. 1t goes so far as to pronounce
rertain injuries to certain domestic ami
unals felony, and it gives an action of
damages to him whose property values
las been impa ired by such an act.
q 2. Willful cruelty to animals is an ofense
,gainst public morals. 1t blunts the
popular repugnance to the unnecessary
ltliction of pain. Those who look with
eight upon bull tortured with baude-
'allas. horse gored to death aud trailing
is bowels around the arena, Or upon a
EAR baited by all the ours in the village,
e unconsciously prepared to regard the
mood shed in social or civil strife with an
r difference which, but for such training,
light not have existed. Regarding it
en beyond question that the Legislature
e-.s right to protect the right of proper
it in any subject recognized by law as
e operty, it became necessary for our tri-
:. mails to assert that the powers of the
! gislature could not be RENTED and
), legated to any other than a public
+ thority.
: Then follows an analysis of this law to
Pw that it gave concurrent jurisdiction
th the public authorities to the officers
Ia private corporation. It gave to this
: vate corporation power to enact rules
: wing the force of law, and even to re-
re that the officers of the law should
" the orders of the corporation, thus
;, king that corporation paramount and
'erior to the law of the State. Yes,
iy of corpo rators self-styled and self
pointed, without an oath or an official
ID, are emp owered to collect fees, to
re char ges before the courts, upon
ch, if proven, the person violating
chartered rights of the corporation
(, IL be condemned to fine which may
lommuted for imprisonment.
ow We appeal to all intelligent men, is
roper that the Legislature should de-
We upon private and irresponsible in
dduals the duty Of enforcing laws for
: protection of property or the preser-
pn of social propriety? To give willful
unnecessary pain to an animal, is
ntion of the right of property. There
atribunals appointed to redress this
wig. The same act may iniict IN
nssary pain upon the sensibilities. or
injurious effect upon the usages Of
pile. Then this is not an off5nse to be
jged of, OR punished by Mr.. A, B., or
Gas a private corporator. 1t is an Of
fee against the comfort of society and
nt like any ofense against public de-
csy, be judged and punished by the
pic authority constituted for that rur-
pa
his void and absurd enactment is but
ont class. There are others in which
pers, which should alone be exercised
bby and on behalf of the public and
pcical authorities of the State, have
be bestowed in monopoly upon private
iniduals. We may indicate as proper
Examination in this point of view, the
acranting to private corporation the
dhtion and control Of immigration into
Import.
make no positive affirmation in re-
cato this last, but we have no hesita-
ton saying to the great constituency of
Loiana that they should be careful to
set as their representatives men who
wihot permit outside bills to be snaked
in them, obscure in language, dishon-
estn purpose, illegal in principle, and
inwing such long and expensive Gti-
gatu to interpret, expose and annul.
"GIVE HER A TURN ABACK"
Sh is the phrase that comes down the
tubto the engineer unconsciously driv-
ingle boat on some sand bar, where she