New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-02-17

lncase of tho exercise of this power, the
Legislature must provide the method OF as
pertaining the value Of the property or
franchise proposed to be taken, and also
make compensation for the value thus as
certained: Even if it were desirable to
change the policy of the State in regard to
slaughterhOuses, the treasury is in NO con-
dition to pay the large SUN which would
be required to compensate the Crescent
City five Stock Landing and Slaughter
house Company for it's property and valu-
able franchises
1t has been urged that the Crescent City
Live Stock Landing and Slaughterhouse
Company is q public corporation, and
therefore subject to the control of the Leg
islature. 1t is perfectly true that the Leg
islature has absolute control over its pO-
ltical agents, and can at all times with
draw the powers conferred; but this doc
trine only applies to purely public corpora
tions created for political purposes, such as
cities, towns, counties, or other municipal
but it by no means follows
that every corporation, though created for
a public purpose; is a public corporation in
the sense that its franchises are repeaIable
at the will of the Legislature. 1t is only
ia cases where the public corporation is
purely political, or where all the property
belongs to the government, that the Legs
lature has power to amend or repeal its
charter ad libitum.
This doctrine is distinctly announced by
Mr.. Justice Story in the BowdOin College
case reported in l Sumner, page 1876, under
the name of Allen vs. Mckeon. In that
case he says: THAT college established for
the promotion Of education and for instIuc-
ton in virtue and piety and in the liberal
arts and sciences is in some nse q public
institution or corporation Can not be de-
MED, for it is for the benefit of the public at
large" etc. "And in this sense an institu-
ton founded exclusively by private donors
for purposes of general charity, such as q
hospital for the poor, the sick, the disabled
or the insane, may we'll be called q public
institution. But in the sense of the law
far more limited or even exact meaning is
by public institution or corpora
ton. Public corporations are generally
esteemed such as exist for public political
purposes only, such as towns, cities, par
ishes and counties, and in many respects
they are so, although they involve come
private interests. But strlctly speaking,
public corporations are such only as are
founded by the government for public pur-
poses, where the whole interests belong
also TO the government" Page 297.
On page 298 Judge Story further says:
THAT no authority exists in the govern
ment to regulate, control or direct corpO-
ration or it's funds except where the corpo-
ration is in the strictest sense public; that
is, where its whole interests and franchises
are the exclusive property and DOMAIN OF
the government itself"
He states in the opinion that these are
not only his own views, but the views ex-
pressed by him in the Supreme Court of the
United States in the Dartmouth College
case, Wheaton, 66S, and it was we'll
known that they had the appreciation Of
the court.
1t is plain, therefore, that the Slaughter
house Company is not public corporation
subject to the control OF the Legislature,
nor can it's charter be repealed.
The purpose for which it was created was
public, but it ls not q political corporation.
nor ..are its whole interests and franchises
the exclusive property and domain OF the
State
Therefore, for the reasons above set forth,
we are opposed to the passage of the dill
No, IVA, now before the House.
CHARLES w. LOWELL,
A. h LEVISEE.
JAMES S. MATTHEWS.
Mr.. VOORHEES,, on behalf of the Committee
on Railroads, submitted the following re-
port:
New Orleans February Is. 1876. )
To the Honorable Speaker and Members of the
House of Representatives:
Your COMM tee peg leave to submit TIE
report:
They report favorably on bill No. $40. by
adding in section one, in lines ten and
eleven, the words ''tive mills on the dollar"
after the word "of." Also, in came section,
by inserting the word -four after the word
"of"
They report favorably on bill No. 339, with
the following amendments
In the title. second line, after the word
parishes" insert, land the municipal au-
thoritiee OF incorporated cities and towns.
the city of New Orleans excepted
In line five of the preamble, insert after
the word "the," twenty NINTH and after
the word cot" the word June"
In section one, in line zen, after the word
"branchee," insert, ''or municipal anthori-
ties of said cities and towns"
In same section, line fifteen, insert, after
the word "parisb," Tor municipal authori-
ties of said cities and towns"
And your committee recommends their
FELIX VOORHEES,. Chairman.
On motion of Mr.. VOORHEES, the rules were
Suspended and the House took up HousS
bill No. 339, entitled an act to authorize
and require the police juries in certain par
ishes to submit ordinances to the popular
vote of said parishes with reference to the
subscription to the stock of the New Or
leans Pacific Railway Company, and in the
event of favorable vote to require said
police iuries to subscribe to the stock OF
said company and to issue bonds therefor
On motion of the same member the
amendments of the committee, 20 insert in
section one, line ten, after the word
branches" the words "Or municipal au-
thorities of said cities and towns" and to
insert in line fifteen, after the word par
ish," "or municipal authorities OF said cities
and towns" were adopted.
On motion of the same member the blank
in the fifth line of the preamble was filled
with the words "twenty-ninth June. 1879
The bill underwent it's second and
third readings, and it passed, and on
the adoption of its title, on motion Of
the same member, the same wal
amended by inserting in the second
line thereof, after the word parishes" the
following words: "And the municipal au
thorlties Of said cities and towns, the city
of New Orleans excepted"
On motion of the same member, the rules
were suspended and the House took NJ
House bill No. $40, entitled an act to author
ize, with the consent of . popular vote,
special tax on property in New Orleans tt
psv for stock in the New Orleans Pacific
Railwa Company; to provide for the sub
mission of the question at a special election