New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-03-30
Communicated
THE MAYORS VETU.

ICommunicated.]
THE MAYORS vETO'
Mavor Leeds is . very respectable citizen
and prompt taxpayer, but, - . lawyer "n
NO advancement of him to add tnas nas
mora active. and perhaps more useful
.vocatioas have not given him the leisure
recuired for the mastery and full com
prehension OF legal questions. 1t is to this
fact that We owe the infelicity Of his srgu-
ment and citations against the validity OF
the tax authorized by the Legislature to
be imposed upon the people of this city Oy
their own vote in favor of the New Orleans
Pacific railroad.
Assuming that . corporation created oy
the people, and of which the taxpsyers are
to be the corporators, and which has been
granted certain public powers for the puohc
benefit, is . private corporation for private
gain, he refers to the case decided oy tne
Supreme Court of the United States, ana
reported in 20 Wallace, Of the Loan Associa-
ton vs. Topeka.
This was the case Of an appropriation by
q CITY Council OF bonds in aid OF . com
mercial or manufacturing enterprise for in
dividual interests and personal purposes OF
profit and gain-to furnish the capital for a
private adventure. The Supreme Court in
deciding whether the Legislature had the
power to authorize taxation for such pur-
poses, distinctly declared that taxation for
railroads was not of the character OF that
demanded by the plaintiff in that suit.
That high tribunal said, referring to the
discussions on this subject:
It is quite true that decided prePonder.
snce of authority is to be found IN favor OF
the proposition that the Legislatures of the
States, unless restricted BY some speclal
provisions of their constitutions, may con-
fer upon these municipal bodies the rlght
to take stock in corpOratione created 10
build railroade. and to lend their credit to
such corporations; also, to levy the neces-
eary taxes on the inhabitants and on prop.
erty within their limits subject to general
taxation, to enable them to pay the debts
thus incurred.
The court then proceeded to chow that the
| tax thus imposed was held valid because 1t
was levied for public use or object which
| it was the right and the duty Of State gov
ernments to assist by money raised from
| the people by taxation; that roads. canals,
| brid ges, navigable streams, and all other
| hiphways had in all times been matters Of
| public concern. That such channels OF
| travel and of the carrying business had al
ways been established, improved and regu.
lated by the State, and that the railroad
had not lost this character because con-
| structed by individual enterprise sggre-
gated into corporation"
There are other characteristics of public
nature conferred on these corporations,
such ss the power to obtain right Of way,
| their subiection to the laws which govern
common carriers, and the like. at is con.
ceded that when the purpose for which the
tax was to be issued, could no longer be
justly claimed to have this public character
but was purely in aid of private or personal
| objects, the law authorizing it was beyond
the legislative power, and was an unauthor'
| lied invasion of private rights"
There :s much more to the same purpose
| in this decision.
For our worthy Mayor to rest on this de-
cision in favor Of his extraordinary propo-
sitlon that the New Orleans Pacific Railway
| is q privste association for individual profit
and gain, affords another illustration of the
old maxim that every man should stick to
his trade, and that his honor in sdjudicating
legal questions, with such able attorneys
| by his side, incurs IS great risk of burn
| ing his hands as those able city counselors,
Messrs. Jonas and Blanc, would if they
were to 60 to his honor's foundry. and while
Archie Mitchell was immersed in the study
OF Adam Smith, attempt to cast . plow'
| share or q shaft for Q steamboat.
Even without this legal authority, rely:
| ing ON his own good sense and knowledge,
| Mayor Leeds could not possibly have
reached the conclusion that . railway
company, organized as the New Orleane
Pacific is, was . private corporation,
created for individual gain. He knows to
the contrary, and if he did not, the very
object and tenor of the act he seeks to de-
feat would have corrected his ignorance.
That act has in view to interest the whole
taxpaying people, who compose ''the pub
lic," in the profit of the road, and thus pre-
vent the corporation from being made a
private one for individual gain. The fran.
chises and property Of the company would
therefore, be as much public property as
any of the buildings OF other property pur;
chased with the taxes Of the people, and
dedicated to public use.
! Having disposed of this, the leading
legal proposition of his honor, his veto
message next descends to the very
small-we were near saying puerile one
that the act of the Legislature provides no
means for taking the vote OF the people on
the ordinance If his honor is serious in this
that the City Council can not legally de,
fray the expenses of an election which the
Legislature directs to be held, we think
that his scruples can be easily satisfied by
holding the election without paying the
expenses, which would be alike practical
and severely economical.
His honor next maintains, but does not
trouble himself to elaborate or cite au
thorities thereto, that the public character
of this corporation, for which the people
may be taxed. requires that it should bring
it's road into the city Immediately, and that
the people have no right to tax themselves
for railroad, how valuable and important
soever it may be, to their welfare and
interest, which is located at distance from
the city. No reason is assigned for thif
purely Typographical destination. 1t the
people can tax themselves for railroad
We presume that they will hardly be denied
the right of locating that road where it will
do most good. Certainly there is no suct
/ l.