The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-02-13

srg"me"t Of Messrs. semmes and vOor
hess BceOre the Legislative Cosn-
nittee Against Repeating Its
Charter.

House OIL Representatives to give to all licenses
butchers and stockholders the right to slaughte
! ana yard cattle and stock within the limits be
J low tho city prescribed In the net creating tn
Slnughterhouse Company was referred to tn
House Judiciary Committee. who invited sew
eral lawyers who had been studying the matte
and arguing the right Of the Legislature to pms
the act. to give tho Committee their views. Tn
|, following brief against tho right VI the Lcgsla
ture to pass tho net WINS submitted by Messrs
bemmes and Voorhees,.
The Supreme Court Of the United Suites IN tn
Saughterhouse case. when aludlng to the priv
ilege conferred on tho Crescent City Slaughter
house Company by the State of Louisiana. use
this language: We arc not able to 500 that thcs
privileges arc especially odious or obiectiona
able. Tho duty imposed MS II consideration To-
the privilege Is well defined and It's enforce
mont well guarded" no Wallace. u. e5.l
duty cannot DO imposed on n particular cit
zon unless he consents to perform t1at duty A
II special duty cannot be imposed on corporations
unless the corporation undertakes or assumes
its performance. An ordinary net Of Legislation
presents rules for tho conduct Of oil citizens and
imposes duties upon all alike. It IL clear, there.
foro. that when a special duty is imposed on
corporation. and as u consideration for It's per.
| formance. certain privileges arc conferred on
the corporation. the State and tho corporation
|
duty. tho other to confer tho tho privileges As
the performance Of the proposed duty may In
volve large expenditure Of money. tho invest
ment Of which to enable tho corporation to per-
| form the proposed duty. would be unprofltable
or ruinotis unless tho enjoyment Of the privi-
logo conferred is secured for u fixed period it IL
equally clear that tho duration Of Tho existence
Of tho corporation and Of The privileges con
| fcrrDd on IL becomes an essential part of the
contract and. in tho MAN, the consideration in
ducing the corporation to agree 10 perform the
| proposed duty.
| The more statement Of the proposition carries
with It ehc idca Of rights vested by contract and
of private rights which are protected by the Con
stitution Of the State and Of the United States
II is urged that as tho duty imposed on tho Cres-
cent City straightforward Company is u duty
In tho interest Of tho public. and tho corporation
WIS called into existence as u means Of secur-
Ing an effective execution Of police and hoaItb
regulations: and that II Is, therefore, u public
corporation. whose charter depends on the
caprico Of tho Legislature. The same argument
might bc applied to u company owning u ferry
franchise. or to q gas company. or 10 u turnpike
company. or to any other corporation crentsd
for n public purpose. The public purpose for
which corporation Is created. by no means sub
jects tho corporation to tho absolute control of
the Legislature. The use Of CORPORATIONS" says
our code. rs to contribute by the union and as
sistance Of several persons to tho promotion Of
some object Of general utility although they be
at the Same time established for tho advantage
Of those who are members ofsuch corporations"
10. G.. 42s 80 that all corporations arc created
for public purpose. and II not u purely public
corporation. they arc created also for the benefit
ofthe incorporators or members Of the corpo |
ration
Inv Code then proceeds to divide corporations
into two kinds-Doliticat and private.
Pohticai corporations are those which hive |
principally for their object tho administration NJ
a portion Of NE State. and to whom part of tho !
power OF government Is delegated to that effect
oil others are private corporations" &c. G.. 1921
30 That IN Louisiana a corporation In private. |
no mater Tor what purpose created. except II be |
poht'ra corporation. charged with the admin
!slrWioh OF u part OF the powers Of government |
What political or governmental power Ia vested |
by the act Of 1869 In the slaughterhouse Com
pany3 None whatever. The Legislature itself
located the district within which slaughter
houses could be erected. and within which mi
mas could be landed and slaughtered. Tho
Legislature imposed the penalties for yiolntiop
d the provisions OF the net OF 1869. and rcpu
ated their distribution and the mode of enforc
ing them and tho State appoints it's own inspect-
'rs. with exclusive power Of police so that no
political or governmental power whatever is
rested In the Slaughterhouse Company
The special and valuable privilege. and the
my monopoly conferred by tho act of 1869 on
ne OBSERVATION-DISCLOSURES Company. has nothing To do
vti' inc exercise OF tho police powers Of the
'tate DIR. Justice Field says. In the dissenting
opinion delivered in tho slaughtorhouse cases
that In the law in question there are only two |
PROVISIONS which can properly be called police
equations: the one which requires tho landing {
nd Strengthening OF animals below the ejtv Of
Jew Orleans. and tho other which requires
no inspection OF the animals before they I
no slaughtered. Whom those requirements $
re compiled with, tho sanitary purnnsea
tho net are accomplished. In nh
Tier particulars the act Is MIR.
rant 10 corporation created In IL Of special ami
Ictus.pe pr'ctte0es. by which tho health Of tho
ny Is In no way promoted" 10 Wallace. u. 60
e al','des to tho exclusive privilege recurring
u putcners 10 conduct tho Strengthening bust =
ess In tho establishments Of the COMPANY md y
Dwhere else. '''' q
IL Is manifest. therefore. that this exclusive
9ht is valuable franchise and copstit,,tca tbc
ain consideration which induced the cornnanv
accept tho act Of 1869, and agree to perform tho
ltcs therein imposed. Wv o.
IL IL not disputed that tho Legislature en-, -
"ce addito4Al regulations the more effectivoIv n,
enforce tho police provisions Of tho act Of
~ mo power to regulate Is part of the police Mt
'wcr OF tho State. 'O''9o ~
but tho limit to the exercise of this no,vor 10 al
is: the regulations must have reference To tho
mort. safety and welfare OF society. tbov III;
ust not be in conflict ,oHh am Of The nyopisions
inc charter. and MeV n.sst not. under D,etence
regulations. take from the corporation ann orne 10,
'e,a'at rights and privileges which the charter
hiers. Cooley on Constitution. D. b77J M
'udge story. In the case Of Allen VA. MeKnon ~.
umnor. p. BOG. thus defines public cornora
MS: Public corporations are generaliv es. g.,
MED such as exist for public political ,,ur ~
SEES only. such ms towns. cities parishes md :,
ih'ies ana IN mary respects they are so al mn
.ugn tneF lAvolve some private interests Rn, :
laeiy speaking. public corporations arc s,,eh =
y as are founded by the government for NH -
purposes. uh@e the whole szAsreSts holono
70 the government" he further saws Chat
"u"ior'ty exists IN the government to rcpu-
J. control or direct corporation or IL, fnnda SPl
ept where the corporation ia h. the utrin.ol..
SO public that IL, uAae Its whole Interests >
,I'a,,n1ses ore Me exclusive property and d. sell
N ~ TIE government ITSELF" NIL
"iniy the property and franchises NJ tho ~ ~
ls""rhouse Company belong TO that como "
On. ana the State has no interest therein
hcnises iike those vested in the Slaughter
30 company OF the act Of 1860 arc partly ppb- 81