The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-04-19

faith OF this authority which they have cite,
court 81 the State had 90 decided the question
would say We would like to know what tn
end, when they would turn y the decisions il
the With and Ixth Annual, followed Ut all tn
way to this very day, they would find that Their
was not one single decision In Louisiana by
roads were Of public use. What would be thei
sltuatiionf They have invoked here and aske
your Honor to pay respect TO the opinion OF tn
highest court in Wisconsin, overthr0wn by tin
opinion OF the Supreme Court Of the Unite'
case Tc The a sa w seiore t
as an authority for them to be governed by. be
! cause It was the opinion Of the highest court o
the State
They come into this court and ask you
Honor, In defiance of the long, limo OF prece
dents Of our own courts and q me same unpfo
wander off to these Granger decisions in the
West which am certain, from the gradual AL
ing off Of that spirit will serve as valuable
warnings in future Tor judges who propose &c
defy the well-setled authority Of the Supreme
Court Of the Untei states; must confess
nothing less than profound establishment when
heard il announced by The first counsel on the
other side that this was private use. and pro
founder when heard ii repeated by his two col
leagues. A private usel And one Of the reasons
assigned why it was private use was. that the
road did not contemplate coming 10 Now Or
leans. | beg your Honors attention to the bis
torical fact that the Lower House Of tho last
Legislature that sat in this city passed. | be-
limit n IN mo
rnoriazing t,n Gongraas ~ Ia ITnitaJ leat,,s u
subsidize the Texas Pacific Railroad as a branch
to connect New Orleans with the Texas Pacific
I The gentlemen pretend to know better than
| the (;eneral Assamhlv ,vhat vas tha nnrnnsa 81
| this act They mretand 10 Enow bettar thar
those men who have been giving heir time and
~ Nav Orleans San tla setnol raets a ~ tht
nego atlons have been pending almost since
astad IL nnilnahn rnaI It "na va,,i.
aud New Orleans with The vjnyy If MAXIM tba ,t
connection dianiea Tint taoo,,ea II t. -, iiln
| oliertion 'i'f' = - W. i''o
| VIII Tho exoa,ti,, If ono AR t,ro OF tlo o1,o-
Gates If this resisfanna thnv CIV MAI His r,ad
| NAV be- n verv a,ani thi,g hi tbot Il shm,,h ha
huff nv nrirate Isnri,i;f, M + ia,,n b.,
pnins X, investment tba axta,t ~ liz imtarSat ~
these forty plaintffs in iniinetion' 10 as.
certain what wa nhnid nredinata ~ iboir nriv, a
| subsrrittinns
They come before the court as renrosenting
several ,niIliona M dnlare and thar ottanb 8
sobadn ~ thns ua airi my h,i,h u
if is ascertaned tbot tj'a aptre vo,,nt,rv al, -
srriptiop II these forty four rrsjstars il s5oo
Now very low estimate IF the cost III biiiLiino
and enuipninp railroads bnloyv tho lgnras n
tie actual cost ~ almost every roai IN tla
Tnitad States is say CO.. am nor mi AZ tin ,to
I'M tba r"ad vnnid ba h,,ii, nf th e. 49, ~
rasistars If would tala aya,}t ihi H. ,,aa, -
b lid tho first mile / have dane ~ s,,,u hore
which will Illustrate III vo,ir Homer ma ai,s,i,te
absurditv of expecting 'to mako a connection
bnfgenn This nnint and Tevns ,sitbnnf snn,a III
outside IF nos resiatars. Fortv-fo,,r rasist@rs
ara anuaI to s7oo nor onnun ana of Tho rato ~
thirty venrs In enab rnila il would t.Ln on noa
yanrs o oct - the paafin ~ ""uiu 'Ao 'V'VVo
tssuppose there are Ave thousand resisters who
viii cont rbute s7op tn zach fntv nersnnss si7r1
for each one hundred persnns All 5oo for each
one Thousand persous and an 500 multitlied bv
Ave would rotne 10 III b0o which tynnld Le AKA
total This would build three miles nor annrm
The disiance to Texas is saw four hundred
miles: il would then take one hundred and
thirty three wears for five thousand resisers r.
raaa6 Taxas by voluntary eoufribnt ON siytv.
sir and half years for Ten thousand resieteys
To reach Texas; tbirtv-tbree wears for t,yenty
~. tr
years for forty thousand resisters to reach
Texas Forty thousand is more chan one-third
ovar tho nntiro voting nn,ulntion of tbe III. =,
] desire TO recall vour Honor's attention to fvyo
or three points from those cases already cited %
literally by the other side. and 70 show that we
need no other nases tnon which "a: oc n decision
in this ease / read from the case IF the Iail
road Company VS.. Comfy Of Otoe Is Wallace
hi ion If the Cnurt. ~
'''rhe FIRST question upon which The iudona of
The Circuit Court divided was VIII ther ill., at Of
tho apislat,Jra If krfrneEn nnnrpvod Eahruo
nv IL isno autborizin9 the "onotv If 0ne ~ j 10
sne bonds in aid If d railroad ontsi'lo NJ tha
Stae conflicts with tho constitution Of that
Stato
"Itnlass we close orr eycs to what has ncraip
and again been decided by this court and bv the
highest courts Of most of tha X ates il tgonid ba
d1Ii nil ~ diseovac any snfI,nient resson ~
holding t. at this net was transgressve of the
power vested by the Constitution of the state IL
he eesature. That the legislative ep power ', Of Of
Legisaure Is hot denied, and hat ali an ="
NOS, ar I,,av bn M erniead nv that ,otv cv ont G
Il, ne IL Il ernressiD ,ejiIbajd il n urouositinn
which admits az ~ doubt !
And that authority piyen to a munirinal cor
norati ii NJ Xiii IN Tia eonstruaiinn If a urn
nix" canal or ,ajiroaJ is q lagitimote e4Ser"iso
Of lagislntiyn mower mn loss Tho rover he ex
nraasIv Je,,ied n Nh only rlain IN raaeon hut
Il is estnhishcd hv n number and weght eff
nntbn, itins bavond yyhot can ba otIdunrd II, aun
nort If oIwosf mn ofbe,. legal ,ronosition The
bitbast courts If Tho stotaS have a M rmcJ II in
menrlg \ hundred decisions ! IA fbis annrt ma
Inscribed tha eame dontrine nearly n score III
time II ia no Iangar omen To debate
to onnther tom nonneetad With this decsion as
II anu wers 4 mint made nv The cGunsal an the
nther side that tbia road starts nowhere md
,ynas ,n,yb.rn Tho law nndar ,vi,iah tbis Inv
yvns imnosed which 1 Id Declared tn 10 IevoI Nv
the surname Court f tllo ITnited States roads rs
failo,vs.
ftfT,at ~ oon ~ ii. ianere ~ anv oonntv ehnuld
have ,o,rer 10 submit To- tbo pennIo ~ anv
nn,ntr az any, rogular nr sneaia1 elnntion fne
nucstion whether tha county viii aid or construct
ann road ' W.
"' fRHbat la,v also nrovidad.
''That said commissioners he and thew are
harehv authorized To issue $3.50 ono of tho bonds
ntorneaid vi thc RnrIinpton and Missouri River
abroad company or any other railroad com
nnnv that will seetirp TO Nebraska CITY n direct
easterlv rnilroad connection ~ donation 10 snid
rojIr0ad ronp1uu on sucb terms and conditions
nd may be imposod by said county commits
sionprs"
Mr. Scbofeld tho attoruey opposing the tax
said il bs brief.
Finally and above all the railroad to be
aided is wholly outside. not only of the county
~ Otoe hui the STATE 81 Nebraska II Il A fnr,
80, a. r,a,,t;on NJ, t,,oIt. L. ,,I o,,I ,,onn