The New Orleans Democrat., 1876-02-04
AMENDMENTS TO THE CONSTITUTION
or THE STATE.

reforms Ia Vt,r Htata polity,9 ana wslAeh
Iappetsfs eleewhase insthe UFModnAr, "a
|been Introduced In the House BY the
Hon. John Young. u UlAiborir. chAii
man ot tie Judiciary Jommittee. aad
with the approval Of that committee.
Az regards the first proposed Amend
ment prohibiting the creation oi
extension of monopolies. no one can
possibly find any good reason for object
Ing to the principle thus embodied il,
NJ, Article III tho constitution. and all
issuca likely to arise under u must be
decided by the courts. subject 10 tho
plain meaning OF the Article itsclf. In
deed. II seems tn us that the language
of the Amendment is go explicit. that
tho only practical question that can be
suggested In cenneetion with 1t. " one
relating to the detlaitien ef no,,0p5'y
No impartial Judge Of tolerable ed,,-
cation and learning would be apt
10 70 astfay on such subject.
Undoubtedly Tho Amendment II
designed ar tha most powerful
restraint that can BE- well conceived. to
the selfish md corrupt spirit which
would appropriate legislation. as we
have often Witnessed and always all
horred, to special. personal and some-
times immoral and dangerous purposes.
We have always been unfriepdly to u
protective or prohibition tariff, because.
although protection or prohibition may
encourage certain home Industries IN
their growth. We have been accustomed
to regard tho operation If Hueh n tariff
as, In effect. species Of monopoly
devised for tho pecuniary bohetlt
Of certain favored classes, Mo
hotplies havo been the offspring
Of careless. corrupt and ,lespotic rulers.
and VIC arc not aware Of any s,pposable
case, however exceptional. IN which the
creation Of a monopoly eah be defended
as being for the public advantage. md
in which nh argument for II. no matter
how plausible. h not illuHory and false.
The rights and privileges which belong
to all IN ftec government should not
l,e even negatively denied n its broad
aet construction. aud ffaudulently con
yctted. for II amounts to that. into n
source Of profit aud power for
! few. Monopolies, IN truth. In
,inetv nine instances out or d hundred,
are nothing but tho schemes Of the cum.
ming, the strong and tha. rich. 10 enable
hem with del,tsivc representations 10.
'osen aud to indirectly tax the honest
md unsuspecting masses. Tho DEMo.
mar. therefore. most heartily approves
he First Amendment.
The Second Amendment prohibits tho
Legislature from p,ssing speeidi acts 10
'manotpate minors. 70 change the names
u persons. or to authorise the adoption
II any child: bit empowers the Legis-
ature to provide for these things by
,enerdt laws, r
II consequently merely transfers indi.
iidual applications of this kind, which
IRE neither Of the. Least general nor 20. |
itical import, from tho Legislative halls
o tho courts, acting In each c,,sc under
adequate authority for the p,,r.
,ose. and with leisure to hear All
proper explanations and evidence.
certainly no wrong. injustice. or delay
an bo shown any one. and IL |
here were no other ground upon
which 10 base tbis Amendment.
he saving Of time and expense by
suitable general laws,
md by forbidding the Legislature from
q considerable part Of its
United spssion with such narrow and
merely personal subjects. would be Il
ufllcient one. We do not soc any OBJ
ection TO this Amendment.
Tho Third Amendment Is In these
sorda
Third Amendment Tho Legislature
hall not by special act create, alter or
xtand any corporation. public or pri.
ate. municipal. civil. political or eccle.
tastloal, except such ~ relate 10 par
shes. But shall provide l,y general
avs for thor creation, extension, al
Grafton and amendment. the powers
hey shall exercise; the mode In which
hey shall DO governed and regulated
no limit ~ their duration. and tho man.
or la which their affairs shall be set-
ed on u dissolution.
It Is evident that IN the very necessi-
ea Of government and society the Log
laturc IN the supreme law. making
over. must either directly act In ere
ling. altering and extending corpora
ons and corporate authority on tho ,
nrticular corporation before Il. or the
legislature must devise system Of |
encral laws to be enforced IN the
'urts as the Amendment anticipates. L
1t only for the creation. alteration and !
ttension Of all corporations, public {
I'd private, Except snch as relate to q
srishes) but also In respect to tho /
'owers they shall exercise; the mode Il
7 which they shall be governed and |
gulated: tho limit Of their duration {
ID the manner In which their affairs
all be settled after dissolution la
We are predisposed In favor OF gov 1
nment Of equal and general laws. (,
here all are ruled by the same mea- :
re Of right and Justice, and whore I
neral and equal laws can be substan. '
lily applied, and where discretion. + Il
Irtisanship, favoritism, secret inter +
ts perhaps, or ignorance, may influ- a
&C those who control by special acts, Q
'ecting distinct and separate corpo- G
lions or persons. The doubt We 81
tertain respecting this Amendment, Il
whether It is not impossible to devise a