The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-04-05
the PRINCIPLE or TAXATION.


made BY the Mayor IN bis recent message
vetoing the ordinance Of the Council 70
submit the proposition 20 levy tax Tor
the benefit of the New Orleans Pacific
Railroad to popular vote. were well
taken. We hold, therefore, that the
property holders who are threatened
with this tax have acted properly In
applying for an injunction to restrain
the Council from submitting the propo-
sitlon. There must be limit to taxa
ton, and the right Of levying taxes
ought TO be definitely lodged IN some
responsible body. Otherwise all
security to property will be
destroyed, and tho widest communism
substituted for constitutional govern
ment. The liability of property to tax
alton for constructing public roads, im-
proving harbors and the navigation oil
streams, the building Of Qualifications,
lighthouses. etc. cannot be questioned.
since all these are works essentially
necessary to the convenience OF the pub
lie and the safety Of the state. We can I'M
derstand, too, how d portion OF the public
funds may DO lcgitimatcly loancd, or even
donated, to construct a certain class Or
railroads. The Government might very
properly literally subsidze road
calculated to accelerate and cheaper the
transportation of troops to exposed from
tiers, or to be otherwise absolutely essen
tial to tho public convenience and de-
fense. But the public character OF such
roads should be indisputablc, and we
believe that only Legislature or q Con-
gress n responsible body should bc
empowered TO exercise the power OF
thus disposing Of any portion OF the
public funds. II may be reasonably
doubted, however, whether railroads
which, though promising general and
indefinite benefits, are yet private enter
prises, pledging the government no
specific return for Its aid, ought to be
made the beneilcaries OF such funds.
At any rate, we hold that the propriety
OF such appropriations is OF 50 question
able nature, that they should only be
made by body which can feel the re-
sponsibility OF its acts. and which the
tax payers can hold to some sort OF an
accountability for mistake, or for cor
rupt action.
We suggest that the proposition to APP
propriate two and n half millions OF the
private property Of this city, In the way
of a tax, to a railroad enterprise, is not
one OF a character which should be sub
mitted to popular vote. Wodo not as
sumo that non-property holders have no
right to vote on such u proposition. We
assume that the right OF the majority.
composed OF non-property holders and
property holders alike, in popular
election, swayed alwaysin measure by
selfish motives and sense or irrespon-
sibility, to divest any portion OF the
community, large or small OF any por-
ton Of their property, Is extremely
doubtful and its exercise extremely dan
gerous. This Is not n question which
touches the one Of suffrage: the advo-
Gates OF the tax are no stronger sup
porters Of manhood suffrage than we
are, and we, who oppose tho tax, are no
frage than they.
We shall not attempt to discuss the
law of tho case rs it stands now. Under
the new dispensation, the laws affecting
private rights do not always square
with tho great fundamental principles
OF constitutional government. In many
States Of the Union railroad corpora
tons have controlled the Legislatures
and captured the courts,a and It would
perhaps. be foolhardy for anyone to at
tempt to argue point against any OF
the divine rights OF railroad companies
under the impression that his principle,
however sound and just, could not
be confronted with an adverse de-
cision from some high judicial
tribunal. We distrust the policy,
however, which the friends Of the
New Orleans Pacific have adopted to
obtain aid for their road, and we stand
by the principle we have enunciated,
whatever the new-fashioned law of the
case may be. We have in previous
article illustrated how, IL the principle
involved In the policy Of this tax is adj
mitted to be correct, a wicked Leeisla-
ture hereafter may subject the property
Of the community to indefinite burthens
for the benefit Of any and all the schemes
bad men may be able to induce popn-
lar majority to approve. We think the
friends OF this movement will find it
different to explain how the policy OF
taxation for private enterprise by a
popular vote, once accepted as right,
can be limited or, in prohigate period
like this, held in check. Govern
ment," said Hume, lis instituted in
order to restrain the fury and injustice
Of the people," This is true, but our
railroad friends would break down all
barriers government has erected against
the tempests Of popular passion or
hasty and crudely formed popular
opinion, and subject the property Of the
community to be voted away at any time
an enterprise may impress the popular
| fancy.
! We should like to see this road built,
because we believe 1t would greatly ben
eft New Orleans and large sections of
the State. Its friends are mistaken.
however, in the assumption that its con
struction will cure all our ills and en-
| tirelv restore the wealth Of orr citv