The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-04-23
o.rs,ullv guarded permission to the


| - r.yrilv guarded permission to the
Teoislaf,,re "to grant MD to companies
orrnnized for the exclusive purpose o.
making works OF internal Improvement
to the extent only Of one4illth OF ths
~,pitnl actually paid Ia by the Individual
stockholders. Arts. 100 nnd 1lo y,
These articles were re-adopted ~ mo
constitution Of 1864. But this PERMISSION
was Withdrawn and withheld IN 1ns eons
s,it,,iinn of 1854. Couple this with the
fact that In 1868. for the frst time, were
The objects Of government explicitly ue,
tned n tho constitution Cart !. AL
man nrs crentcd free and equal, ana
have certain ipnliennble rights among
these are life. liberty and the pursuit OF
happiness To SECURE THESE hlonIs,
GOVERNMENTS ARE INSTITUTED AMpse
MEN. y And the inference Is itfeslst,ole,
thnt the people intended to withhold
from the government they were then
establishing the power to tax them Iot
any plrpose other than the Legitimate
functions Of government. to-wlt tne
protection of the inalienable rights 81
every inhabitant.
a In every case where tho power 10
Tux in aid Of a railway has boeii lulloial-
ly recognized. II has been on Tue eAelu
sive ground that the reiiw'y WI 90,
Of public highway running 10 or through
the place or locality taxed. DEFY my
odversnrics to poirt out " single case
where the power 10 tax was recognized,
where the railway--or branch Oh "
ala not come to the particular locality.
II IL proposed by this act 30 To TAX t'le
PEOPLE of New Orleans S2,6oo 600 To aia
In the proposed construction u fa'i-
yuy that does not and will not come
within 300 miles OF New Orleans. No
principle OF law or justice can sanction
such power.
4 If the construction OF this railway
he viewed as ~ State object. or u state
highway. IL Il In violation of the rule 81
uniformity required by art. llS II the
Constitution.
& If this be viewed rs local concern.
IL cannot be imposed by tho Legislature
nor referred TO the qualified voters, be
; cause it violates the representative char
actor Of our government and those nrti-
cles Of tho constitution dividing the
powors OF government between the Ex-
ecu,ivc. Legislative and Judicial. ana
, IL would be Just rs competent Ior the
, Legislature TO enact that the title to my
property, or u debt or damages claimed
, of me by my neighbor. should be de-
cidod by n popular vote, as 10 chhe,
p that | should subscribe for stock md
invest n portion Of my earnings in q
, railway company II u popular vote
, should 80 decide.
q This Pacific Railway tax net violates
! tho constitutional amendment. adopted
; 2d November. 1874, by which il was
, provided: Tho city Of Now Orleans
, shall not hereafter increase her debt IN
any manner or form. or under any
pretcxt.' :,
. What Ia the "city OF New Orleans
. but ali of her incorporators, all OF hcl
inhabitants, with all Of the properly
n within her limits2 How IL any debt oi
the city paid except by n tax on all the
= property within her limits2 Is IT not
|, then. evident. according to the terms 81
4 this railway tax act. that the moment
!, the vote IL cast In favor Of the tax that
r tho city of New Orleans tevory dollar :
= worth Of property in its limits viii ow,
II to the railway company one-hult pei
d cent equivalent to about S2,Goo,oOoY
!. The evil to be rcmedied. bya constitu
g tjonnl prohibition, was any increase O
4 the burdens on the property aud indus
v try of the inhabitants, and this pro
i posed Pacific Railway tax IL plain VIC
n tation Of both the letter and spirit o
}. this constitutional prohibition.
x Al. "The Pacific Railway Tax Act /
70 repealed by tho premium Bond Act.
Il The latter became u law three days uitc
= the former and is tho last expression Q
h legislative will. They are 50 inconsis
le tent that they cannot stand together.
u The first named act lovies n tax of one
II half per cent on all the property IN Ney
10 Orleans, to be given and paid Owe
y. weekly 70 tho Pacific Railway Company
h. The words ofthe premium bond act bear
Is ing on this point are "Whorcas.
" the taxable property OF the city OF NOV
~ Orleans has become so reduced in value
9. as to require taxation ut the rate Of u
Of least FIVE per cent per aunum TO ligui
10 date the debt and, whereas, tn
. levying OF n tax at so exorbitant II rat
re- renders the collection impossible
Ia whereas, the continuation or the levy
- ing OF tax beyond tho ability OF tn
A. property to pay, leads to further dc
% struction of the assessablc property 9
is the city, and the CONSEQUENT shrinking
of the common pledge OF the creditors
" tending to continuation of the prcsen
n embarrassment of the city affairs an
Is ultimate practical bankruptcy
$, In sections /, 2, 3, 4. 3 and 6. the Pre-
se MUM bond plan and ordinancc5lu ref
" ercnco thereto are ratified and provision
h made for securing it. and then section
4 goes on to enact Crowded that tn
~ taxable power OF the corporation of tin
" city of New Orleans for all purposes IN
r Guiding general administration, school
he police, lighting, salary OF officers, cour
e expenses, and every other purpose O
" government, including tho sum TO b.
$. raised to pay the premium bonds n
)f above stated. shall never. until the full
complete and final payment Of the sai'
rs premium bonds, exceed the rate Of on
G, and half per cent on the dollar OF al
p the assessed value OF property subjcc
II to taxation within the limits OF the sail
1. city Of New Orleans. The above limita
d ton on tho taxable power or the col
d poration is hereby declared To bc u con
is tract not only with the holde
h OF the said premium bonds, but ais
e with all residents and taxpayers or tn
" said city go as to authorize any holdc
1, Of said premium bonds, resident or tax
y payer. to legally object TO any rate c
:. taxation in excess OF the rate herei
e. limited. 1t being also a part of tho con
&c sidcration OF this contract that the cit
ID OF New Orleans shall be incompetent {
D. incur any debt or obligation, as MOI
" provided by the constitution Of thi
Is State, until the final payment and eI
z tinction OF the premium bonds afort
s said"
OF Could anything be stronger or NOR
Id explicit. This absolute prohibition an
rs limitation Is directed to the corporato
le to all the Inhabitants, the corpordt0r,
to and not simply to the Mayor and Al
I'd ministrators, though it includes the la'
OF ter. This Is the last solemn exprcssio
Dc ~ lnnialntiya will md ,puat nrayaiI