The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-04-18

posion q ~ this tax L violation 81 tks amend
nent 70 the constitution Of the state to limit the
des q ely New 8rss .S hIIch nd provides Hvsss
ter Increase her debt In any manner or form or
The question is FIRST. what Is the city OF New
Orleans within the meaning OF this constitu-
tional amendment Does 1t mean the mere
agents or administrators OF the affairs OF the city
81 New Orleans2 Is this constitutional iDhibi-
ton addressed to the mere trustees or manda,,
tories Of the city Of New Orleans that they shall
not NE de 2, e Fly q ssw n Sew
ton Now. what Is the city Of New Orleans. II
IA 40 much territory and so many inhabitants In
corpornted into political incorporation
Is the city Of New Orleans. When prohibition
maintain that that prohibition ~ addressed TO
the incorporators-a the inc2rt traitors IRE the
@ s 81 ,ns t os er to a"y private or
public corporation. III Legislature tells p bank
In granting a charter. you-that Is tho bank
Of dollars or to this railroad company. you
shall not build your road beyond certain ter
mini. does ehat mean that these prohipl .,.
corporations or il II an inhibition and u prohi-
bition to the ineorporators This is clearly 50;
what Is tho reason this amendment was
adoptedP Ii was to limit the debt Of the city Of
New Orleans What Is the debt q the W, city oi
the debit Whose property is taxed to pay the
debti is |! not the incerporator. the owner. the
reslsnt Of the city 2 My ss osie"as uoa a
| tempted to be cured by this constitutional
amendment What. may 1t please The Court.
nifty? What was, sir. the universal demandp
What sir, was the actual condition 81 things
which existed ut the time this constitutional
amendment was adopted and which was intend
cd to be corrected and cured by this constitu-
tional amendmont2 Why IT WIS. may It please,
Monot das tha e q city New Orleans
was not ablo TO pay that debt: that tho city of
New Orleans was not able 70 pay the interest on
cause, may It please your Honor. tho property
which was to pay that debt was unable 70 res POM
70 the exorbant and sSeesslye 'mx"t2n ,anas
your Honor. 1t was found necessary not only to
| limit the mere agents Of the city OF New or.
leans from mourning any a ta d Hep bsaa
their bonds were utterly worthess) but II was a
| prohibition addressed TO oil who could by any
debt Of tie city OF New Orleans. that that debt
| should not be increased in any form. in any
manner, or for any pretext
| that State shall not do this and that-that
| STATE shall not deprive man OF his property.
Does dos iSnt mean Il L addressed 70 tho
only2 to the LEGISLATURE onlyf to the agents OF
| the people Onlyf
jority OF votes In the State, pass law defeating
| that amendment because that amendment is ad-
dressed merely to the State and not TO the lncor-
when. sir, it says that State shall not do this.
| does 1t not mean that everybody who forms
constituent part OF the po,ic" e2m =, I'M , o,
net which is prohibited by the Constitution oi
the United states: and when this amendment
any manner increase her debt. what is the mean
ing Of this amendment? i means. may 1t please
the Court. that the debt shall not be increased
and corelatively that SAs taxation shall not be
Increased because It is a case OF bad fraud for
corporation or any body to contract debts which
they know themselves ana a wnieh !hsyd
| I will call your Hopor's attention TO the follow
ing authority to show how court will not suffer
| any device in order to defeat q constitutional
| amendment regulating the mode In which mu-
| nicipal indebtedness shall BIO created Dillon
on Municipal Corporations. page 204. Proyis'
ions are frequently made in constitutions. or In
charters or incorporating acts. to prevent The
creation or increase Of municipal Indebtedness
beyond certain limits or except upon certain na
of these provisions will be noticed In this place
The constitution Of Maryland contains q pro 70
Mayor and City Council of Baltimore (excep
for specified temporary purposes unless 1t shal
be first sanctioned by the Legislature and ap
ing the owner Of large amount Of stock In tn,
Baltimore and Ohio Railroad Company. withou
previous Legislative authority or the approve
OF the voters. passed an ordinance to provide
for the raising OF one million OF dollars by by
pothecatng its railroad stock and for the in
|
railroad company in process oil construction.
The validity OF this ordinance being drawn II
question, the Court considered II to be plain thu
the constitutional provision quoted was intended
| to prohibit the city from aiding In the construc
. ton Of works OF Internal Improvement withou
The previous assent OF the Legislature and OF
. ordinance notwithstanding the ingenious us
OF the word raising instead Of borrowing money
, and tho further provision that the parties fur
, nishing the money should look for rich repay
, ment exclusively to the stock pledged. and tina
the city should not be responsible for any deficit
, did create a debt within the meaning Of the con
, stitution. and was therefore void The reaso
why this amendment to the constitution. may
please tho Court. was adopted, was IN order
, Supreme Court Of the United States to be 81
dangerous.
: mont in the country to-day may be considers
In one sense complete failure; that la. whe
not restricted by constituti2nal amendments
takes one hall Of all the profits Of real estate b
annual taxation alone Here Is the city OF Chi
cago. may il please. your Honor. that on acconn
Is In arms. and no one can tell at what momen
/ the clash may not take place The words Of Hem
: and Lamposts and 4, Of Hanging and OF Ext Ext.
= liar words in that law abiding and pious cit,
In the city OF Philadelphia. Baltimore and S
Y Louis there Is the same condition Of things
! Why. sir, II tho majority OF the elected officer
create debt, or whether tho debt Is created by
: majority or popular vote. makes no difference
. out tho United States amendments to their Stat
constitutions rs they have done In the States
|, Iowa and Pennsylvania. restricting this right @
J local government, and telling the people the
are unable to govern themselves through thi
form OF government, and the whole people ar
. placed under the safeguard Of the constitution
$ and are being RENTED to a condition Of tutleaR
) and guardianship created by constitutions
r amendments regulating municipal indebtedness
4 and municipal taxation.
r Now sir, this system OF local municipal go,
eminent, which so powerfully contributed to de
) stroy feudalism, to establish which there ha
Y been such terrible contest In tho history of hu
manity, whore the cities asserted their right
govern themselves, is opposed to the dominic
0 sought to be established by their feudal lord
r This system Of local self-government is pre-
a nounced to-day on the American continent to b
an absolute fallacy as regards the unrestricte
Q power of the majority to create municipal il
debtedness and municipal taxation. and. may
please the court it is time that the people then
( OF an unlimited democratic power Of the IN,
Y jority compelling the minority to give up the
Q property for any such purpose as to build n raj
Q road say the time has come to destroy such
doctrine. 1t should be- done in the interest
public order: it is done that the people ma
Q know whether the fruits Of their labor belong
i, them or not.
4 1t Is time to arrest this spirit oflicentiousnes
. because you are also doing an act OF unparalle
cd injustice to those who took your obligation
0 in times past Why, sir. what an extraordinar
s spectacle this Is, taxing The neople Of New Ol
y leans for four years asa per cent over thei
present rate OF taxation to indulge in the exper
. ment OF building a railroad. which. l have n