The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-09-19
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GEORGIA AND HER CONSTITUTION.
NUMBER THREE.

The shameful abuses perpetfated througo1lt
the Southern States have taught the people
that while general principles intftsted to
honest men were never abused, 1t Is better,
pro mnioru cauieta, that the law should be
made specific. This has added much to the
length OF modern constitution so that |
as In that Of Pennsylvania, 1t sometimes
approaches d code, Experience has taught
hatadvsntutets alone have abused the powers
Of legislation, but that men may everywhere
be found base enough to participate even in
the plumber Of their own fellow=eitlzens.
The Georgia constitution after declaring,
first "The constitution of the United States, |
The laws Of the United States in pursuance
thereof. and al treaties made under the
authority Of tho United States" as 'tthe
supreme law places NEXT In authority
thereto this constitution" The eminent
domain Of the State is affirmed, subject.
of course, TO the paramount authority
stated "The right Of taxation right
| fully belongs to the people in all
republican governments, and neither the
General Assembly, nor any, nor oil other de-
| partments, established by this constitution,
shall ever have the authority to irrevoeably
| said right Of taxation shall always be under
| The complete control Of. and rev6eable by the
state. notwithstanding any gift grant or
contract whatever by the General Assem-
| bly,"
with this preparation the constitution pro-
| ceeds to regulate the relation between the
State and the corporations which may be
| created by legislation. We have read with
great interest the assault made by Mr.. Toofnbs
on this subject rs we'll as the modification Of
| extreme hostility to corporations made by
Gov, Jenkins. Mr.. Toombs represents the
very Just jealousy Of delegated and irrevo-
| cable power which has descended upon the
| Angln-SaKUns since james attempted 10 sup
port his government without parliamentary
appropriation, but by the sale Of monopoiss.
The same splitpelvaded the United States
when the corporate influences Of o single
bank enabled it to wage war with the powers
Of the Federal Government. Every one ap-
preeiates the Importance 'of securing the aid
of associate capital. No one desires that in
diyiduals shall be held responsibilities partners
IN aofdo for engagements involving labill-
ties not contemplated by them. The problem
has then been to secure the advantages Of
corporate capital and labor. without confer
ing upon their representative associations
privileges Incompatible with the welfare OF
society. The question arises whether tho
State shall trust the corporation, on the cor
porution trust the State. There has never
been In the mind of the writer the slightest
doubt but that the State should grant no
power except with the reserved right to
amend alter or repeal. No friend of n repre-
sentative government can admit that 1t would
commit d wrong. and no one familiar with
the history of corporations con doubt that
| they will pursue their interests by unworthy
means. The constitution Of Georgia reeog-
nizes the value of associated enterprise, but
retains In the hands Of the State the supreme
control Of their action and existence. As q
consequence Of tho eminent domain, the
General Assembly is authorized to take the
property or franchises Of Incorporated
companies and subject them to public
use. the Same as the property Of in
diyiduals; nor shall the exercise Of the
police powers of the State be so
abridged or construed as "to permit cor
poratjons to conduct their business in such
manner as TO infringe the equal rights of in
dividuals or the general well being Of the
State" From this doctrine is dedueed the
power of the General Assembly to regulate
the freight and passenger traffic and to pro-
. hbt unjust determinations upon the various
> railroads of that State and enforce this legis-
lation by adequate penalties. But while the
Legislature shall not permit the forfeiture Of
the charter Of any corporation, nor alter or
amend the same, 1t shall not make any enact
ment for the benefit of such corporation ex-
, cept upon the condition that it shall there
after hold its charter subject to the provisions
of this constitution. Every amendment, or
special law for the benefit Of o corporation,
"shall operate as a novation Of the charter
> and shall bring the same under the provisions
of this constitution" The purpose Of sepa-
rating the State and the corporation Is carried
still further by denying to the Legislature the
t power to authorize one corporation to buy
r shares in another, or to make any contract OF
agreement whatever with any such corpora.
, ton which may in effect or intention "defeat
4 oralessen competition" or encourage monop
1 oily" 1t also prohibits evasions Of the law by
: railroad companies which shall neither give
!: nor pay any rebate or bonus, or by other de-
: vice "mislead or deceive the public as to the
real rates charged by the company" re
guard against imputation OF injustice no pro
vision of the constitution shall be taken tt
: impair the obligations of q contract. Such IL
the bold, just and original manner in which
: Georgia preserves to society the advantage o
+ associated enterprise, yet preserves it from
s the consequences Of improvident grants ol
n fraudulent misconstruction by the grantees
n It may as we'll be added that the constitution
:, limits the power Of the Legislature to gran
. corporate powers to private companies, ex
= cept for banking, insurance, ways Of public
transportation, express and telegraph com
panies, or any donation or gratuity to any
, person or corporation whatever.
{ PUBLIC DEBT AND TAXATION.
The powers of taxation delegated to the
General Assembly are limited and defined as
follows,