New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-02-04
CONSTITUTIONAL AMENDMENTS.

The bill introduced by Mr.. Young
chairman of the House judiciary Com
mittee. deserves careful consideration
and each of the ten amendments pro
posed is entitled to deliberate and thor
ough discussion.
; We regard with great favor the prlncl
pie upon which the bill is founded. Il
intends the amendment of the constitu'
ton in such particulars az experience may
demonstrate to be necessary. 1t does MOI
propose to unsettle the doctrines upon
which the constitution rests. We assume
these doctrines to have been established
by the fundamental law of the Union, and
to be in strict conformity to that original
law and its amendments. These doc.
trines can not be repealed against
the will of majority OF the
citizens of Louisiana, and without
the assent of majority of the citizens OF
the United States. 1t would be idle to
discuss and vain to repeal them. There
can be no use in going over every provi-
sion of constitution before any amend
ment as in ''the house that Jack built, :
every strophe must be repeated every
time that line is added. We let the
constitution, or so much of it as the
people do not object to, stand, and add
whatsoever may be deemed useful by the
people. It is thus that here, as in Eng
land, the constitution consists Of those
rights which have been won by the people
in war against their oppressors, with such
modern amendments as may render the
enjoyment of these rights still more valu-
able and still more secure. The amend
ment to the constitution is just what the
safety valve is to the steam engine.
We like the principle Of general
enactment which places rights and rene
dies, as far as possible, in one category;
prescribes rules on which they shall be
equalized, and RENTS to the judiciary
the duty of authorizing these rights.
The list of cases specified in the second
amendment might be, perhaps, enlarged,
with advantage to the economy Of legisla-
tive action.
The creation of corporate bodies is one
involving much perplexity No doubt
much injustice has been done to society
by bestowing upon an association of in
dividuals powers which are held for long |
terms, and administered to the detriment |
Of society. On the other hand it is mani !
testify just and advantageous to authorize |
the union of personal and pecuniary in |
terests in conducting a work in which the |
public is interested. 1t is likewise proper |
that society shall be warned that in deal
ing with such combination, the individ-
uals who compose it are no further re-
sponsible for it's obligations than as has
been published in their charter
The grant of right in monopoly for
term of years, except SO far as it may be
secured by the patent law, is very dan
gerous power Those who read history
know that the grant of colonial possess
sions and powers, with the exclusive gift
of particular items Of commerce, was one
great cause Of popular disc content which
changed the princip les of the English
government. Parliament withheld its ap-
and King James endeavored
to dispense with this dependence on the
branch. The readiest
means to effect this was to sell monopolies
of everything that the people con-
sumed. There are, however, reasons even
for granting a monopoly of any enter
terprise, just as the exclusive right
of way has been granted to rail-
way companies with great general
advantage. There is one guarantee, how
ever, against the public abuses and in
favor Of public usefulness Of exclusive
franchises. 1t is to reserve to the Legis-
lature in all cases the right to alter,
amend or repeal the grant. The lobbyist
will at once say that no one will contribute
capital under any such condition. Yet it
is. exactly the condition under which any
one lends money to another, that the State
may annul the debt by statute OF
voluntary bankruptcy. If, however, the
grantee refuses to trust the State, why
should the State trust the grantee? Such a
restriction would give the people the full
benefit of all honest enterprise and protect
them against any possible consequences Of
fraud. 1t occurs to us that if the State
had possessed the right to repeal the
monopoly of gas granted by preceding
Legislature it would gladly do SO. In
that case franchise worth million was
giuen to private individuals, and the
people of New Orleans are taxed in the
increased cost of their gas to make up the
price of their own donation.
We can not so comment on all the ten
proposed in the bill by Mr..
Young, nor is it necessary we should do
so. Each of them will require and re-
ceive discussion in which we may par
ticipate. Our present purpose is only
10 approve amendments OF the consti-
tuition as proposed by the Legislature in
preference to holding convention which
must be expensive and may be revolu-
tionary.
THE DISTRICT JUDGSHIP,