The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-08-02
A CHAPTER ON CHARTERS.

disturbed by an arrangement, the FIRST, SEE
end and third municipalities forming the col
I0ation Of New Orleans became consolidate
by the passage of Act 80, approved Februar
q, 1852 b. Act SO, approved the same date
the city of Lafayette, then in the parish {
Jefferson, wa, joined to the then municipal
ties, and the whole formed the city of Ne,
/. Orleans The annexation of the city of La
fayette was pronounced by many of our able
/, lawyers As al illegal measure and it was onl
! by the passage Of the following section in Ar
! ticle Of tbs Constitution of 1852 that mad
valid the annexation of that city:
The limits of the parish of Orleans are he.e
by extended so as to embrace the whole OF thu
present city Of New Orleans, including tina
part of the parish of Jefferson, formerly know
~ the city Of Lafayette.
The Charter of 1852, embracing the four dis
t1icts above named, was voted for and &C
pepted by the people, and it thus became q
legal document
: In 1866, bath boards of the City Council
conceived the idea of change in the Charter
Ior tho purpose Of having an Assessors De-
partment added, and for other changes
deemed necessary for the good of the city.
The application of the city for change in
The Charter was rejected by the Legislature,
but the city was given to understand that, al.
though change would be illegal, the Char
ier throughout could be repealed and new
one substituted, which was done, but the
Charter OF 1856 was not voted for by the peo-
pie In 1863 and 1859 several amendments
were made; But as they were for the benefit of
the city no opposition was made, either by
she city or by the parties injured by the
change.
In 1862 Cen Butler abolished the forms of
the charter, of 1856, and substituted in lieu
thereof q buseau system, composed of two de-
partments. viz: Finance, and Streets and
Landings. The departments frequently acted
Jointly, and adopted various resolutions which
were duly tigned and promulgated by the
Mayor. but the circular under which the de-
partments acted gave no authority to them to
assume Legislative functions. In the case of
the Star Steamship Company vs.. the City of
New Orleans, the right of the bureaus to legis-
.ate was called in question. Judge Durell,
who had been Chairman of the Finance Blu
reau, stated that no authority had been given
70 the bureaus to legislate, but necessity au-
thorixed it, as no licenses or taxes could be
collected AMI payments made, without the
passage OF the proper resolutions. The action
Ut ths r-ats was, therefore, sustained
The Constitution of 1868 is silent on all
snatters relating to the city Of New Orleans,
not word is said Of community who nav
dne-haH the taxes Of the State, not q privilege
" given to them to manage their affairs; but
BY the Charter Of 1870 Mayor and Admins
katon were foisted upon them, and each SEES
sion Of the Legislature the wrong has been
peRpetuated until it has culrinated in a fraud.
The hist an, sndment to the City Charter,
never was fr.med except by Vigers, and if the
actions Of that negro are to hold good in this
the quicker the partnership is
dissolved thu better it will DO for all con-
oerned
Kellogg who holds this fraud over the |
haads Of our citizens, will remember that by
HE Inst census the white population is given
It one hundred and forty thousand and the
negro Of all shades and colors at fifty thou
and Since then the negro's has decreased,
md the white males over twenty-one years of
lge ARE now far in excess Of what they were in
1870 We ere supposed to have Republican
Eorm Of gosernment, and that means repre-
Dentation. Il is a well settled principle that
|axation anu representation go hand in hand,
md on this. theory the laws of Congress are
passed on $40 other basis would they be legal
u therefore follows that Mayor and Admin
Ators appointed by the Executive cannot
nerciso Legislative powers, and are therefore
asbarrod the privilege Of making laws for the
government Of the city. No taxes can be col
scteA, no disbursements made; but chaos
viii even rule supreme.
There IL clause in Article Of the Con-
'itut0n Of the United States that our judges
would do we'll to make a note Of As it
governs our case we publish it.
This Constitution, and the Laws of the
Omitted States which shall be made in pursu-
lnoe thereof and all Treaties made or which
hall be made, under the authority of the
United States shall be the supreme Law of
- Land and the Judges in every State shall
- bound thereby, any thing in the Constitu-
aon or laws Of any State to the contrary not
The Chfrter of 1870, although illegal by
swing tha appointing power with the Gov
Enor and encroaching on a neighboring
!nzish for territory. without the consent of I
he ciizeis Of either parish, and having no
'onsti utisnal authority to justify the seizure,
nd better remain as it is until new one can
y dnttel that will better represent our ,
iti1ens aald be more economical in its man
cement.
The coiored people form but ne-fourth OF .
Z our population, pay one-ftrtieth of the
Axas, haye few adherents among the white
'eOpae. as.d they are generally Of the worst {
rder Of .ociety. This then, is the Radical
lnxtV of New Orleans a party that has dis. | l