New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-06-29
CAN A CORPORATION NULLIFY A STATE
LAW?

While the powers Of the federal govern.
ment have been established by the ulti.
mate appeal as paramount to those Of the
States. and while the right OF the same
| government both to construe and execute
its own construction Of its own powers
has been in like manner conceded, few
have as yet been SO bold as to claim that
! the corporate creation of State authority
possesses an intrinsic, and innate authority
superior or even equal to those OF the
! State. We rather fear that in on. own
State. 80 renowned tor its jealousy Of
federal power. has arisen o sect assert
ing this revolutionary doctrine, ~ we
shall proceed to SHOW.
The debt and taxation Of New Orleans
though not 50 great as in New York. are
yet serious and should be arrested and
reduced. The first OF these measures
has been secured by the amendmen: 20
the constitution: the second must be Sc
! secured by the cooperation o. all.
| The Householder Union has applied
to the Council! for relief. and is told that
| body has 10 authority to remit OF post
pone the collection Of taxes. 4 commit
! tee Of the Union has. therefore. addressed
the Council reasons for deeming theis
petition reasonable. and asserting by az.
gument the proposition that it is the duty
Of the Council to intervene. and ask from
the courts suspension Of their corporate
obligation 20 collect the taxes.
Preparatory to this argument the COM
mittes asks concession which can not.
Of course. b. granted by the courts. 1t
is this:
The enaciMsnes .iivest entirely the AZ.
mnistrators " the people OF their lawful
and proper control OF the city police. SAM
tary, scholastic and other jurisdiction. OF
which the representatives. elect of the people
have. or khuuid have. alone legitimate coz
troll.
There were in former centuries Hanse
towns. which. absolving themselves from
abs, lute allegiance to the kings. entered
into league under which they assumed
attributes Of sovereignty. There are no
suci cities in the United States. The
city Of New York at one time, and the
State authorities Of Rhode Island at
another. commended that each possessed
powers under charter from the crown
which exempted them from the ;uris-
diction OF the whole people Of their
Aofn tNA Al.
advocates Of this doctrine were over
ruled, and now there remains none IN.
less this committee. who believe that
the corporate government Of city is ex-
empt from the paramount authority Of the
federal or State government. each within
the limits Of its own constitutional
authority. The city Q! New York
furnished the example under which
have been asserted the control Of the
State over the health and police de-
partments Of the city government. The
State of New York even reserved the dis.
cretion to say what taxes should be paid
by the Inhabitants Of the State residing
in the city Of New York. The extraor-
binary frauds of Tweed We're perpetrated
by procuring from the Legislature the
appointment of an auditing board whose
duty it was to examine all accounts
against the city. and allow such as they
thought proper. Here was an assertion
and exercise of paramount authority by |
the State OF New York over the municipal |
government Of the city of New York. |
The doctrine is settled, and it really would |
seem that the rights Of State have been
abandoned by the advocates OF that doc.
trine when it is claimed that parish, a
county. city. or any other corporation
deriving power from the State. can ex.
ercise jurisdiction over the citizens of
the State resident within their corporate
limits. How. under this reasoning or upon
these precedents. the Common Council Of
New Orleans is deprived of "a lasre portion
Of its legitimate jurisdiction" We can not
see. The Administrators are the crea.
tu1es Of law. No power can be exercised
BY them unless it is given or confirmed
by statute. The acts incorporating this
form Of administration repealed another
sct Of the same character. and the present
orm Of administration may be replaced
It the will Of the representatives elect
If the whole people Of the State. From
he act consolidating the faubourgs to that
which slept out its existence in the hands
# Governor Kellogg. the absolute and
paramount authority Of the State over
he people and property within its whole
Jurisdiction has been asserted and ac.
without dispute. 1t is vain
Doctrine at this day or in this country to
ct up the paramount authority Of resi-.
ents within corporate boundaries to say
or themselves what shall or shall not be
Nv.
The city authorities are exior:ed 10 ask
n injunction on the performance of their .
WI duties. Nothing more would be
len necessary for the relief Of the house. !:
olders, save for the Council to permit
ldgment or deere. against themselves to
0 by default. and decline 70 take an
ppeal. !,
Inasmuch. however. as the Administra- =.
'rs do not see how they are to meet any :,
bligations of official duty. including :
Gaming the streets and paying salaries. u
ley seem reluctant to comply with the 7
quest to Sue themselves, and accep: the ;,
gical consequence of allowing a decision