The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-04-18
PicIrIc RAILROAD.
ARGUMENT or HON. >. n. EUsTIs.
On Trial Before the superior District
Court.

May Il please your Honor, ! VIII very pr, ,.r,
| allude To the proposition which was ably pre-
70 The question First whether mat ANY aaS
seceandly il il is not repealed. whether IT il not
| in violation Of the constitutional a'nendmen,,
| limiting the debt Of the city Of Now Qrieansf IL
Iiarity in this charter Of the New Orleans and
Pacific Railroad Company. and that II: that n y
railroads rail from different points which are named
| language in this charor. which. think. takes 1t
| out OF the general rule with regard to the a,l-
| thorisy which the government has TO tax proper
ty for railway purposes. on the ground that ~ Is
that 1t authorizes this corporation to build any
State q Louisiana NE. + e say: while the 4;
declared to DO to connect tho city Of New Orleans
with tho adjoining state OF Texas. yet tho power
from anywhere TO anywhere within the limits Of
the State OF Louisiana. and In order to carry out
this indefinite. purpose. 80 far az the power Of
not not restricted by the charter itself, l say
that II becomes a very serious question
| whether. when the localities are so underlined
| the argument OF local public Improvement boz
comes applicable. When the great demand was
made for public improvements. with regard to
| which there Ia to-day u very strong reactionary
feeling Ia the Judicial mind upon the power Of
taxation for that purpose, they had to discover
where inv ta IN. ah be prepepy
individuals to build these railroads. That power
could not be justified upon the ground OF gone
raj prosperity: that power. the exercise OF which,
took d mans property for purposes outside OF
government say, could not be justified upon
the grounds that 1t would enhance probably tho
value of his property, or cOnduce to the pros
perty Of the community because manufactures
and q thousand other enterprises and works
fort and prosperity Of man in a socia! condition
would also be justified. and tax, II that was the
reason. could be levied for all such purposes
| which doctrine has boon expressly repudiated
by the Supreme Court Of tho United States,
Inc 9niy ground upon which they could dis
the Improvement OF n local public highway. and
as n country and o city had the power to i'm
prove public highway tho charter Of the rail-
road CORPORATION was construed tukbe created for
a public purpose. and that building railroad
was nothing but the Improvement OF public
or fee nzsns 81 New "senns
the property owners can be taxed: whether .
majority can impose tax upon the minority. In
where to anywhere within the limits OF the State
merely because II you build o road somebody
else may bo enabled to bring that line to the ely
ask the attention Of the court to what the gu
preme Court OF tho United States says in the case
Of tho Loan Association VIZ. the city OF Topeka.
Kansas 2oth Wallace, page eea:
We have referred to this history OF tho contest
over aid to railroads by taxation 70 show that
the ~ rongest advocates fol tho validity OF these
laws never placed Il on the ground OF the un-
} limited power in the state Legislatures TO tax
pos for Which the tax was to be issued could
longer be justly claimed to have this public
character. but was purely In aid OF private or
Beyond the Legislative power. and was an unau-
thorized invasion OF private rights; II must be
s s the
government which recognized no such rights
, which have the lives, the liberty and the prop
erty Of it's citizens subject at all times to the mos
absolute disposition and unlimited control 81
+. after ali. but = despaiism. i Is trao II i
despotism OF many OF tho ma
stsy at 'ss Sc; i@s'i loss 10 ss'
| that he is" is accustomcd TO call his own all il
: which he has placed his happiness, and the 80
I curity 81 which Il essential to that happiness
err 1t H. not wiser that this power should be exer
clsed by one man than by many The whole
Western country today Is pia q ,s over with
: now to-day 1t is pay day; these bonds are ma
binary public distress: they are maturing at ,
| time when the people are suffering from impov
erishment and therefore you pd In these West
sSsTs ri. popular demand Tor Tor s, :SS
= and in its strong current carried the judiciary
To-day we find these decisions being reversed
g and right here is one OF the causes OF the grea
Q the national finances. This is the cause OF tn
y clash and conflict q jurisdiction between tn
|
the westt it is because the people Of the West
who are the debtor class. and the people of tn
: East. who are the holders Of these bonds: TIL
road Uf Is not public Highway. and The courts ar
protecting the people against taxation for tn
) building q railroads.
tho Supreme Court Of the United States de
/. nouncing the doctrine that there Is any such
n thing "a an absolute democratic depositary @
. power under our system Of government rcfor
Q to the rights Of property owners.
n When the Constitution Of the United State
was framed, representative government wa
Q established in this country and in that Constl
\ tuition you will find al the safeguards wit
witch L Is pssb s e ssf 20 undes
r They knew. sir, that such thing rs tyrann
over the personal rights and personal lbert
> could b. exercised by the mere majority: the
0 could refer to ancient and modern history an
establish that td fact Why sir Mr. Louis Napo
r ernments in existence OF his time. his govern
set by h tD Depunr vote i
8 in France: and therefore our ancestor,
;, whom they framed tho Constitution Of tn
United States. adapted from Englan
!. liberty which. tho English subject can claim
Il and besides that added personal guarantee
prevent what they apprehended that the U,p powe
Of the government would be- in the hands Of
i tyranical democratic minority. But they neye
o country, that the rights OF property would b
! distinguished and destroyed by a mere Iuajorit
u under purely representative government.
+ was a reasonable hypothesis that only such per
. sons wor Id be chosen for representatives Of tn
1t people who would protect the property OF thei
~ constituents: they knew that il was
. human nature for men from motives OF amb
Is ton to tyrannize over the personal liberty OF tn
J., people. or for the purpose of maintaining a PAL
tisan supremacy: but they never knew that gu
q Government would claim to be the depository c
~ absolute democratic power over the property c
u the citizens and consequently you find hardl
g any safeguard to protect property against tn
:, assumed power OF the vote by majority OF tn
u people or the Legislature.
Y In the absence in the constitution Of any OK
pressed denial OF absolutism OF power OF tn
y Government over the property OF the either
O courts have given an unwarranted sanctio
s. Hitherto unrebuked by the Judiciary the legis
- latures have developed what might be called. s
~ to speak. a species OF licentious and lawles
d legislation. vastly favoring corporations b
subordinating tho rights Of property Of the cit
= zen to their unlawful and rapacious demand
le But. may 1t please your Honor. the danger
. upon us. and to-day the courts are moro closet
- scrutinizing our system OF government. becaus
n the appalling fact is presented to the America
people that their property is being taxed fC
y illegal and unconstitutional purposes, and tia
IL spoliation Of property has become, 50 to speal
~ a legalized spoliaton: therefore, the Suprem
st Court Of the United States, for the first time
"a the history OF that court. announced the DANCE
- as have Just read in this decision. They sa
le there are powers which the Legislature car
:, not exercise. although there be no const
l, tutional limitations; there are rights OF pro