New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-10-09
C0RPOEATE RIGHTS OF THE CITY OF
NEW ORLEANS,

! powers OF Its creature-a municipal GU
poration.
The subordination Of all county, parish
and city corporations to the paramount
authority of the State, has been estab
lished by many examples in American
history. The Bank of the United States
maintained its corporate right in OPPOSE
ton to the federal government, and at
later day the railroad companies have H.
sisted Oh the same independence OF III
law making power. There have been two
noted ms tances in which it has besn con
tended that q royal charter made t.
colony Injured to State Of
municipal administration under re
public. We do no: say that the
reasons upon which the Rhode 1slano
charter, or that of the city Of New York
claimed to be exempt from the power O.
the people of the States who had sue
ceeded to their possession were identical
with those which show that the thirteen
States erected upon the territory OF
Louisiana no longer owe allegiance to
France. But perusal Of the discussion
in both these cases will prove that the
government of the United States and the
separate States claim paramount sover-
eighty over all coded territory, and that
the citizens inhabiting such territory.
unless they be 'Indians or persons not
taxed" and any property. franchises OF
immunities which they may claim are
held by the same title and under the same
authority with that of all other citizens,
without respect to color or past condition.
We ackno Wedge no privileged orders,
and nothing except proprietary title de-
rived from foreign grantors can DO
respected.
In the case of New York the example
! was set which has been followed in regard
| to New Orleans. One political majority
held the State of New York, another and
antagonist political majority held the city
of New York. The royal charter of the
city was amended as to deprive the MUM.
cipal authorities Of the right to levy taxes
except by assent or authority of the State
government. Certain departments, among
which are, we believe, the Board Of Health
and Metropolitan Police. are under control
of the State government. The celebrated
swindle Of Tweed was this: Certain ex.
penditures on city accoun: could not be
paid until audited by commissioners duly
appointed by the Legislature. Tweed. q
Democrat. associated certain Republicans
no better than himself. and his and their
fortunes were built up by allowing extor.
tionate bills against the city and exact
ing from, the claimants percentage on
the amounts certified.
However this power Of controlling cor
porations may have beeen abused. it is
an American doctrine tina: it is better
they should belong TO the people than
that the people should belong 70 Them.
The whole immense movement Of the
Changers. in good par. upon the Louisi-
ana territory Of Missouri. Iowa and Min
nesota, has been based on the abuse of
chartered privileges by the railroad com.
ranies. There is very little trust in or
respec. for corporations among the Amer
lean people.
The true doctrine Is that Ill power
abides in the whole people. They may
delegate this power to such departments
in such extent and with such limitation
as they embo dy in constitution. There
are obvious reasons why al association Of
people for purposes Of local self-govern.
ment. for comm ercial or other enter
priscs. should be endowed by the State
government. with certain powers and cer-
tain exemptions from individual liability.
Thus a parish or town may be authorized
to exercise delegated powers Of election
and enactment; to punish ofenses; TO nc
quire and convey property. levy taxes,
contract debt, and to define and enforce
order. As all such powers are delegated,
they may be altered, amended o. repealed
at the pleasure Of the State which granted
them. II. however. there be vested rights
under such grants Of power. they mus: be
and can not be repealed unless
with due indie mnity: for neither corporate 1
nor private property can be taken for pub. |
lie use except with proper compensation
[or the same. II a corporate interest be !
charged with violation Of its granted |
rights. the State may not resume |
hem withou: judicial inquiry. which is
instituted BY writ to know by wha:
warrant OF law the corporation has done
he act alleged TO be illegal:
With this definition Of paramount
State and subordinate municipal author.
ty. We are surprised to see it commended
hat the city Of New Orleans is exempt
rom the authority of the State COVE m
aent. and that New Orleans is . mu-
licipal corporation which
by the common law Of the Christian
world is governed in all municipal matters
y the elected agents Of the incorporators.
1t is further argued that certain char
cred sights existed in this people at the
ate Of the cession Of Louisiana, and were
mons the rights guaranteed '.by the
Inited States in the treaty Of cession.'
1t is proper to remind the reader that
re are not living in France. but under
be constitutional government OF the
jn;ted States. This government main.
aims constitutional and paramount au-