New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-12-18
MUNICIPAL ANARCHY AvERTBD.

|
is the penalty for continuing the Return
ing Board, which Fusion Governor
nearly broke his neck TO sign, and which
a Democratic board was appointed to ex-
ecute. 1t always seemed to us that the
| Bulletin never considered the business in
terests or personal protection of tie peo-
ton of partisan candidates We had too
much respect for the kind-hearted con-
ductorS Of that radical press to suppose
they would ever intiict the cruel conse-
quences of anarchy upon people with
whom their relations were SO amiable.
What We DO not suppose will occur to
the State came near happening to the
city last week. A Mr.. Peterkin, having
a demand for some thousands of dollars,
was advised by his attorneys that it was
far better the lamps should be unlit, the
streets unglarded and the poor unfed
than that he should be kept out of his
money So with one wave Of the sceptral
injunction he stopped the draining ma
chimes, the fow of the public water, and
of the public salaries likewise 1t was a
sublime evidence of the force of law, that
of an attorney at law suspending the cor
porate action, as in the dead city of the
Arabian Nights, From this our radical
contemporary may infer what would be
the effect Of overthrowing the Returning
Board instituted ON behalf Of the Democ-
racy. But his honor Judge Woods, i'm
nicipal creditors which should apply even
to the proposal OF our radical neighbor
1t was that the liability OF a municipal
body differs from that of al individual. The
officer of city, charged with the execution
of a great public trust, on which depends
the comfort safety, lives and property of
the inhabitants ''can not defeat the very
purposes for which the municipal body
was created Such is the Just and ex-
allied conception OF municipal duty i'm
posed by his honor, Judge Woods. He,
therefore, RENTED Peterkin to other rene
dies, and instructed the Administrators to
go on with the Waterworks and pay roll,
feed the paupers, fatten the policemen
and take care that the prisoners and cap
tives should neither want for fuel or food
This was wise aud humane judgment
Even the plaintiff, Peterkin, seems to
have been moved by it, for his attorneys
are disposed to allow the government to
go on and take their pound of corporate
flesh by the ounce, as it We're
Suppose, however, we make a some
what further application of this excellent
doctrine. His honor, Judge Woods, in a
wayside opinion, said that 'if the city re-
fused to pay tax for interest after the
maturity of the bonds, think bond
holder who had reduced his to judgment
might have writ of mandamus to compel
the city to levy and collect the tax" We
apprehend Judge Woods does not intend
that this Glitter dictlrn shall have the force
of an absolute ruling upon case made.
The question whether the judiciary has
the power to impose tax is one of great
delicacy. 1t affects the most important
| rights of republican citizen. 1t is the
right of representative discretion in the
enactment of law. We may concede that
the courts may compel refractory or in
| active officer to execute revenue law,
but not that a legislative body should
enact law. This last would be an in
termixture of departmental functions
which the republican toun lers have ex-
pressly forbidden.
1t may, perhaps, be said, that the mu-
nicipal government is, in this case, the
executor, to carry out the orders of the
Legislature, and has, thus, no discretion
on the subject. Waving this, for a mo-
ment, let us suppose the municipal gov
eminent fails to impose tax for the pay
ment of the interest on the specific debt,
described and referred to by Judge Woods.
The penalty for such failure, provided by
the Legislature, will be the nullity of
every ordinance passed by the municipal
government, from maturity of the current
interest until the same shall be provided
| for.
The Misses Maenhaut or others repre-
sented, having brought the city into this
condition and suspended the Waterworks
and the tombola, will demand their man
damus. Suppose, then, the City Attor-
ney should come into court, and,
having taught the terrible conse-
quences of this legislative anathema and
communication, should quote his hon.
| or Judge Woods to show that the COM
fort, safety and lives and property of the
inhabitants of this great city were objects
OF paramount duty. The city not being
| able to pay its debt, its inhabitants,
among whom there are so many who
"know not their right hand politically
from their left" and also much seattle, )"
shall be left without free food or water
and at the mercy of the lawless?
Suppose, then, the Legislature re-
peal the nullity of the ordi-
nances? The municipal authorities may
then fail to execute the mandamus, and
We know no force that the court has to