New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-02-15

with existing laws governing elections.
With these amendments your committed
respectfully recommend the passage of tn
bill.
Senate bill No. $40, an act to limit tn
right of compulsory process of witnesses il
criminal cases on preliminary examination
in the parish of st. Landry. Favorably.
Senate bill No. &c., an act to proven
forced sales of property at less than four
four ffths of its value, and to amend anl
re-enact article $50 of the Code of Practice
FavOrably, with amendments as follows:
In line fourteen strike out the worG
thirty" and insert Fifteen"
Senate bill No. So, an act to regulate the
private markets in the city of New Orleans
and for other purposes. Favorably.
THOMAS c. ANDERSON.
Chairman.
The following minority report was sub
mitted by Mr.. Crawford:
COMMITTEE ON JUDICIARY I
New Orleans, February 49, 1874. !
To the Honorable President and Members of the
The undersigned, member of the Judiciary
Committee Of the Senate, respectfully sub
mts the following minority report on House
bill No. So, an act to regulate the private
markets in the city of New Orleans, etc.
If this bill should become law and be
~
markets within twelve squares of public
market in the city of New Orleans, and all
places where fresh meat, poultry and fresh
fish are sold, although the persons carrying
on said business had paid and obtained a
license for the entire year, for the first sec.
ton Gays that sit is hereby made unlawful
for any person to conduct, carry on or con-
tinue any private MARKET" and the third
section says that the party violating this act
shall be subject to fine of $780, or impris-
Onment not less than three months or more
than six months, or both, at the discretion
of the court; and the sixth section enacts
that this act shall take effect from and after
its passage.
These provisions in the said bill are clear
~ unconstitutional for the reason that those
persons within the prescribed limits who
have paid for and obtained a license from
the law-making power to carry on said free
markets during the year 1874, have a con-
tract with the State and city, and therefore
have vested right which can not be di-
vested during the contract, neither can the
obligations Of their license or contract be
impaired only when it is for purposes of
public utility, and in this case before their
rights can be taken from them adequate
compensation must be made, and there is
no provision in this bill which declares that
it is for the public utility or any making Of
provisions for compromising the persons
sought to be deprived of their vested
rights. In support of the objections and
reasons. I will refer to article ITO of the
State constitution, which says, that mo
law impairing the obligation of contracts
shall be passed, nor vested rights be d.
vested, unless tor purposes of public utility,
and for adequate compensation made"
The Supreme Court decided, that ''any
law imposing conditions not in the con-
tract, when made, or dispensing with those
that were made, is unconstitutional. See
4 La r., p. "a. And, again. in IL La. R.,
the court held, that 1.-The Legislature can
not abridge any right a contract cOnfers."
Story on the Constitution says, that
since the American revolution no State
government can take away vested rights of
property, or take the property of A, and
transfer it to B, by mere Legislative act
If this act was to become law, it would
take the right from the owner OF the .pri-
vate market to sell fresh meat and poultry
and fresh fish, and transfer it to the lessees
of the public markets.
1 will, before closing this report, make
the further objection to this act, that it Gre
ates for the present year very oppressive
monopoly, which will be felt most by the
large majority of the population of New Or
leans, to wit: the poor widows and the Ia
boring portion of the population. This act
will compel them to go at least six squares
10 DuV IuelT IT6eu Ucdt anu "uiCH 10 d
large item in city like this, where nine
months in the year it is SO warm that it ne
cessitates the purchasing Of fresh meats
every day, if person uses fresh nSat, and as
the public markets are all leased during this
year to few individuals, this law will be
legislating for their special benefit, and will
add largely to their profits, and will not
bring into the city treasury one dollar be-
fore the first of January, 1875, and it will
han ba nriaa nf fraSh mpaf and filh
least twenty per cent, which the consumer
will have to pay, for it cuts off competition,
and even today fresh meat can be pur-
chased much cheaper at the private markets
than at the public markets; and what would
the price be if the private markets were
suppressed within twelve squares OF pub
lie market!
The object of this act is not to protect the
public health, and is not so stated in the
title; and even if it was, we would answer
that that is not good reason, for the Board
of Health has power to regulate private
houses and residences SO as not to be detri- !
mental to the public health. And / pre-. |
sumo they have the power and do regulate |
both the private and public markets in the |
entire city.
Therefore recommend that the bill be in. |
ISAAC II. CRAWFORD,
Minority of Committee on Judiciary.
Mr. Ingraham, chairman OF the Commit
Tee on Enrolment and Engrossment. SUBJ |
mitted the following:
COMMITTEE ON ENROLMENT. |
New Orleans February b. 1874. |
To the Honorable President and Members of the
Senate.
Your Committee on Enrolment and En-
grossment beg leave to report Senate bill |
No. 1888, entitled an act to change the name
Of William Robertson to that of Stanley II.
Leriche, as being duly enrolled.
And as being duly eDgrossed, Senate bill
No. $40, entitled an act making appropria-
ng committee appointed by his Excellency
Governor Kellogg and confirmed by the
honorable the Superior District Court OF
he parish of Orleans.
Also. Senate bill No 3Sl, entitled an act
relative to Mississippi Fire Company No.
If the city of New Orleans, a corporation
organized under the provisions of the laws
If this State providing for the organization
If certain corporations in this State, ap-
proved April 3. 1S47. continuing il as body
,olitic, with certain powers, privileges and
franchises.
Respectfully,
JAMES H. INGRAHAM, Chairman.
BY Mr. Butler, chairman OF the Commit
zee on Claims:
Committee ON CLAIMS,
New Orleans, February 10, 1874. |
o the Honorable President and Members Of the
Senate:
Your Committee on Claims, to whom was
House bill No. AZ, entitled an
ct for the relief of w. b. Phillips, would
state that the testimony in re-
erence to the same is in the hands OF the
secretary of the Senate.
The sworn statements of witnesses dis
loses the following facts, viz: That in the
ear 1870, w. B. Phillips was parish judge
f Grant parish, and that he cultivated the
,ock Island plantation in said parish; and
hat in that year he made and shipped to