New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-07-04
"TRAMMELEp BY THE LAWs.n

/
L strip the case at bar, exclaimed a
eloquent natural attorney at law who ha
just been nonsuited. "strip the case a
bar Of the law and the pleadings, and tr
il on the grand principles Of immemoria
justice, and will carry the cause Of m
client triumphantly."
The property holders. with The Mayo
and some of the Council, seem to regar'
with equal impotence the restraints Q
law which control their discretion. Tn
property holders especially regret that
body SO capable as the city Administra
tors OF doing all that is good and gener
GUS. should be restricted by law. Thi
sentiment: would like perhaps that Mayo,
Leeds, like Haroun al Raschid, should b
empowered to go about by night with his
| viziers, hearing the plants OF deploring taz
resistants, redressing the wrongs Of un'
fortunate warran. holders. bestowing the
bastinado upon the soles Of Republican
| intidels, and awarding contracts Of meat
and muskmelons in perpetuity 70 his
| faithful Democratic adherents. In the
opinion Of these indictments. there is too
1Nch money wasted on learning and
maintenance Of order. The condition Of
things would be better if Caliph Leeds
could publish law by proclamation, as
under military rule. and if the watchmen
having been discharged. the laws were
left to execute themselves.
1t is taught that We're the Mayor and
Council left to the exercise Of their in
herent and legitimate powers. wholly
untrammeled by the laws, both these and
other insignificant institutions might be
suspended and dispensed with.
In our opinion the great merit Of the
American system is that we are bound by
GU, own laws. and that power has not been
committed to the discretion OF one man,
or class of men. We do not say that all
our laws are wise. or even just in their OPP
erations. but they must be submitted to
all the same. until they shall have been
suspended or repealed according to the
contract which the people
have made with themselves. Grant that
any law is Objectionable. did not the PEG.
pie enact it? It would be futile reply TO |
take issue and say "the people did
not enact the law. but that it was
imposed upon ''the people" ''by negro
suffrage and carpet-bag rapacity." Sup
pose this were true. 1t is nevertheless the
aw. The law as enacted by a suffrage
declared to be legal by the national gov.
which all stand pledged to obey.
{ is the duty Of all who pretend to even
he respect Of Democracy for free govern
nent, 70 abide by the law until relieved
" the law. The doctrine Of higher law
nd notification has been repudiated by
he American people. and an inhabitant
f this republic should submit to the law,
r emigrate to some other country where
Institutions adapt themselves better to his
interests. Perhaps pronunciamiento in
lew Grenada would be remedy more
TO such ideas than the can
ass of State to repea! law or an appeal
} the superior tribunals appointed to de-
de questions of legality.
This complaint Of the law is a part of ,
Re same theory which assumes for a ,
unicipal corporation powers equal OR t
to those of the State and federal
oyernnents. The REPUBLICAN has taught r
e importance Of these corporations. +,
hey derive their authority from the very :
'wer which they deride. The State
egislature confers certain powers on an 4
gregation Of its Inhabitants occupying ,
rtain boundaries within the State juris- :,
IN. Thus far it IS very acceptable, but 6
len this creating power passes other n
VS. affecting the exercise Of the corporate "
thority thus bestowed, this insignificant c
'ation Of sovereign power starts into 6
lignant remonstrance, and claims that | {,
should have the right to define the r.
hts Of that power to which i. owes its n,
Il restricted existence. A grantos ere. b.
$ and bessows particular estate upon W
solicitation OF the grantee. and with no IL
,sideration save the advantage Of the r
ntee. After. the grantor imposes some 81
y or prescribes some limitation upon su
particular estate, as by right reserved NJ
night do. The tenant under this era.
i've grant protests against the limita- Sc
, as an invasion Of his rights. There i,
he case of the municipal corporation wi
New Orleans. which accepts powers, ca
les. salaries and loans. and yet when ON
,cted to make particular application tn.
these granted powers. claims that it 60,
Ids paramount: to the power which or,
ted il. 1t is q very funny theory TO ;s
dvccated by = State rights party. If &c
'loyed by such corporation as was ,oo
Bank Of the United States. i. -,
Id have seemed moustrous; employed ~,
efeas tax law, disperse school, dis y,
! police force. o, suspend the collec. vb
Of taxes. it appears bu: . reasonable r;.
else OF corporation power. 1t is little o,e
ricus to teach the supremacy Of con- the
tiona! obligations. but gradually the ~,
ic will be convinced that when the ~
and inteiligen: obey the laws. the -
the vicious and the ignorant, who 49,,
nit murders, FIRE houses and chloro- -,
sleeping people for money and jew. 81
may be more impressed with respect o;t,
hose laws which their betters are of ~.
ion should have no force against a ano