The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-04-18

and Il fxed and irrevocablo contract.
Now. the learned counsel said that this tnjunc-
ton was premature. l claim, sir, that wnatever
argument may be advanced with regard 10 On
Unconstitutional law. no. acts can occur 2r take
Jury Of any ono. A repealed law is 4 dead stat
ute. II does not exist. and no government or pri-
yats n cen nap asy az a az
; The City Administrators have already passed
an ordinance to submit this question to vote Of
should apprehend tho damage to our property
Bocause by this act No 40 the city does not levy
the tax The tax is levied by tho. vote OF the
people and 1t y then that this tax becomes due
md exigible Suppose / come into the court
and say that man threatens TO cut my evee
and that have reason to believe that the waters
may run through tho cut and Will devastate my
estate. is i any answer 70 my demand i2r On In
junction that non constat the river Will riser
Suppose q man says he will shoot horse q
shoot 1t, is IL any answer TO my demand for an
INJUNCTION to say that he may not be good
marksman and may shoot too high and go over
Tho injury Is TO DO determined by tho event.
II, sir, the ruin or thc, damage Is to bo deter.
! mined by an event and not directly by tho act.
| any net that liz In any way calculated to produce
that event con be arrested by an INJUNCTION.
| ton upon statement hnvo reason to appre-
bend since On event may be e., made to occur by
tax upon labor as. well "a upon the reality The
| largest number Of taxpayers are those who own
small properties. Suppose the thousands q
cases where men only own n homestead. worth
| from four TO six thousand dollars. or oven loss,
In order to pay this tax. having no other re-
source but their labor. they would really have TO
work for this corporation one two months in
order to pay 1t: so that this tax not only tn kes
from one the actual property that he owns. but
II property has no sanetityif property is to
be no longer proteeted-if property is to Toe sub
jected to Legislative donation. or subject to the
crusade Of mere majoritiss i is well that such 2
startling proposition should be understood
better that we should dissolve the social com a.
| pact: that we should resolve society into Its
original elements; that we should relapse into
the pursuits OF the savage. who knows that tne
are his own; better that we should ext,nguish
the deyusive lights OF false civilization, which
ha 10 ha
NAL doctrine that God created the soil. and man
and beast are only its usufructuaries in com
mediate position to which ws arc invited
BY modern French. thinkers and this legis,
at2,n which Is the condition oil r1Sga1nq
ambition will not tend 10 see how man. by his
skill his labor. and his intellect, can develope
the blessings Of advanced civilization. but his
ambition will be limited to see how many scalps
can dangle from his deersk in belt. and, living in
close association with the elements Of nature. he
will lead more satisfactory and less deceitful
When the judiciary. representing the whole
erty as well the liberty Of tn citizens. we then
have government Of man. and not OF
laws-a despOtiSm without even the qua
antees Of public order for history teaches
us that all great revolutions have sprung from
the belief in the popular mind that government
having failed in its most sacred mission OF pro-
tecting property and tho rights OF labor. ceases
to be worthy Of the support the respect or conf
p S Il h spon s Ssw Of the
your Honor will refuse to dissolve the injunction
or make the mandamus peremptory.
SUPERIOR DISTRICT COURT
State Of louisiana New Orleans Pacific Rail
| puI MAYOR nIgtratOrS pt
Now Orleans. No. 27.o6s. Supreme Court. parish
Now come the Mayor and Administrators Of
| the city Of New Orleans. and for answer to the
alternative writ Of mandamus served upon them
That ii Is provided by tho first section OF ac
, No. 20 Of 1876. that the tax authorized by said
section Of said act shall f the vote be in favor o.
said taxi be deemed and be declared to be levied
for the year 1876 from the date oft election that
itshall be payable at once and exgible one month
aiter ihe saa % @ y sid tae IN casn
: majority Of votes are cast in favor thereof.
Your respondents say that they are advised
ton Of said oct No. 30. which was approved
March ?. 1876. have been repealed by the passage
S Which 81 act repeas % wp
tax By dau city New Orleans not s
, authorized by its provision.
: Respondents say that In this conflict OF legis-
lation they consider it to be- their duty to submit
mater OF such grave ps 70 the sb "eely
: formance OF an official act the result of which
may be the levy Of unauthori cd and illega
n tax.
Respondents further say that they have beer
. | enjoined by this Honorable Court lin the suit o.
: L. o. Houndanez ct ais. vs.. tho Mayor and Ad-
/ | mtnstrators No. AZ, os3 OF the docket from In
o any manner attempting to execute or carry gu
the provisions Of said act No. 30 Of 1875. and tina
o this injunction is still In full force and effect
: Wherefore respondents pray that after du
: proceedings had the said writ Of mandarin
may be refused. and that REALTORS petition ma
| do lie mig al xsit md
It lief.
q II. T. JONAS.
i City Attorney.
v SAMUEL F. BLANC,
4 l Aecisfnnt Citv Attorney