New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-02-14

said election to be conducted In accordanc<
with existing laws governing elections.
With these amendments your COMMITTEES
reepeotfnlly recommend the passage Of TIL
Senate bill No. $40, an act to limit thu
right OF compulsory process of witnesses ii
criminal cases on preliminary examination
in the parish of St. Landry. Favorably.
Senate bill No. 3l9, an act to prevent
forced sales of property at less than four
four-hfths of it's value, and to amend and
re-enact article $50 of the Code of Practice
favorably, with amendments as follows:
In line fourteen strike out the WORD
thirty and insert Fifteen"
Senate bill No. 50, 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:
CoHHrffRz or juDIC1ARs 2,
New Orleans, February ID, 1874
TO Che Honorable President and Members of the
The undersigned, member of the Judiciary
committee of the Senate, respectfully sub
,nIts The following minority report on House
Dill NO ~, an act TO regulate the private
markets in the city OF New Orleans, ETC.
Was JILL SuOulV UCCOmC q law Anu Ue
enforced, it would close up all the private
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 q
license for the entire year, for the first sec.
ton says that lit il hereby made unlawful
LOT any person 10 conduct, carry on or con.
tlnue any private market" and the third
section says that the party violating this act
shall be subject to fine of 500, or impris-
onment not less than three months or more
than SLY 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 license from
the iaw-makng power to carry on said free
markets during the year 1874, have a con.
tract with the State and city, and therefore
have a vested right which can not be d.
vested during the contract. neither can the
obligations OF their license or contract De
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
1T is tor 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. will refer to article LILO of the
state constitution, which says, that ''no
Law impairing the obligation of contracts
shall DO passed, nor vested rights be d.
Vested, unless for purposes of public utility,
and tor adequate compensation made"
| Tho Supreme Court decided, that ANY
law imposing conditions not in the con-
tract, when made, or dispensing with those
shat were made. is unconstitutional. See
La. T., ?. %. md, again, in IL La. R.,
ihe court held, that the Legislature can
hot abridge any right q contract confers."
Story on the Constitution says, that
fince the American revolution no State
government can take away vested rights of
PropertT. OF ta--e tie property of A, and
transfer it to B, by mere legislative act.
1t this act was to become law, it would
Jake The right from the owner OF the pri-
tate market to sell fresh meat and poultry
! nd fresh fish, and transfer it to the lessees
pit the public markets.
! Will, before closing this report, make !
he further objection to this act, that it Gre
ftes tor 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 la |
boring portion of the population. This act
|vill compel them to go at least six squares |
10 buy their fresh meat and fish, which is a |
large item in city like this, where nine |
months in the year i: is SO warm that it ne |
|sss!tate3 the purchasing OF fresh meats !
very day, II q person uses fresh meat, and a. |
he public markets are all leased during this |
rear to q few individuals, this law will be |
egislating for their special benefit, and will |
id largely to their profits, and will not
'ring into the city treasury one dollar be.
ore the first Of January, 1875, and it will !
nhance the price of fresh meat and fish at
east twenty per cent, which the consumer
gill have to pay. for it cuts off competition,
nd even to-day fresh meat can be pur.
hasei much cheaper at the private markets
han at the public markets; and what would |
be price be if the private markets were
Impressed within twelve squares OF a pub
C market
THE object Of this act is not to protect the
ublc health. and is not so stated in the
tie. and even If it vas. we would ans yer
nat that Is not a good reason, for the Board
Health has power to regulate private
ouse3 and res dences go as not to be detri-
ental 10 the public health. And pre-
inc they have The power and do regulate |
9th the private and public markets In the
attire city.
therefore recommend that the bill be in
'luIstlE postponed.
ISAAC II. CRAWFORD,
Minority OF Committee on Judiciary. .,
Mr. :nsrahap1. chairman of the Commit
q on Enrolment and Engrossment, sub
itted the following:
Co,"r--s, OF ENRoLLMESrl I
.'e' Orleans. .ebruary Is. 1874. :
the Honorable Pcesiden. and Members OF the
Senate:
Your Committee on Enrolment and En-
ossment beg .eavs to report Senate bill
0: .'o5, entitled an act to change the name
William Robertson to that of Stanley II. !
eriche. as being duly enrolled.
And as being duly engrossed, Senate bill |
D. PIG. entitled an act making appropria. o
ms TO pay the expenses of the State audit. ! f
2 committee appointed by his Excellency |
,vernor Kellogg and confirmed by the
norable the Superior District Court OF T
Q parish OF Orleans.
Also. Senate bill No. 1871. entitled al, act
ative to Mississippi Fire Company No. 2 d
the city of New Orleans, a CORPORATION / \
yanized under the provisions of the laws 6
this State providing for the organization R
certain corporations in this State, ap- a
Dved April 8, 1917, continuing it as a body
Iitc. with certain powers, privileges and
nchises.
JAMES II. 1NGRAHAM, Chairman.
BY Mr.. Butler. chairman of the Commit.
on Claims:
COMMITTEE on CLAIMS,
New Orleans, February I3. 1874. { |
the Honorable President and Members of the
Senate:
tour Committee on Claims, to whom was a,
ommitted House bill No. 4S, entitled an -.
for the relief of w. Is. Phillips, would 70
pectfully state that the testimony in re. re
aHce to the same is in the hands of the al
Rotary of the Senate.
he sworn statements Of witnesses dis.
ses the following facts, viz: That in the /
r 1870, W: B. Phillips was parish judge tn