The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-05-25
NEW ORLEANS PACIFIC RAILROAD.

day you very effsutualy refuts that portion Of the
| communications OF Drs. Bricksll and Tebault and
Mr.. Archibald Mitchell, which seeks TO underrate
the vast importance to our commercial existence
and prosperity of the New Orleans Pacific Rail-
road. You are equally emphatic and explicit in
exposing the fsllaey OF another objection OF
| these gentlemen, based on the fact that
| too many railroads have been built in this
country and in England, and great loss and dam
age have been incurred by the too large absorp-
lion OF capital in enterprises OF that sort; to use
DR.. Brckelrs language, "not legitimately and
imperatively demanded" II is not necessary to
waste time and words in celebrating traisms
| like these.
We assume that in these propositions you will |
be supported by the vast maj aity OF this COM
munity. 1t may therefore, bs acce pied as an es-
tabshed fact that this road is great and i'm
perous need OF this city, ami that its bsuefis will
be vast even beyond yonr large expeotasions.
The question OF pr acti 'al Importance Il ION which
there's considerable difference OF opinion 10 40 to
ths mode OF securing the completion OK this road
| The two modes first suggested have been tried
and have failed. They are, FIRST: the ohatterng
railre I'D company and lending the cred t OF the
stste to foreign capitalists ON pledge to use the
credit OF the State to raise The money "ith w'lch
to buld the road. This ! Ian has disasti ousiv
failed The other plan was, TO raise this money
bv private eubscription OF our citizens. avoiding
The eystem OF MORTGAGE bonds and State sub-i.
dies. etc Sons $500 Cd was thus subscribed
and has been most judieiously and economically
expended by the managers. who are all mer'
chants and citizens OF large interest in the com.
9 mercia prosperity of the cty.
But tb 9 is all that has been subsoribed, and
the further prosecution OF the road is prevented
by the exhaustion OF the means contributed
D chiefly by our merchants.
: Thus arrested, the managers have been driven,
i. auired amount to complete and equip this road
I from New Orleans to Shreveport, via alexandra
= :. and Marshall to the necessity OF asking the peo-
. ple Of New Orleans snd those OF other parishes
Of the State through which the road is projected,
K to decree the imposition OF q small tax spon
r themselves, col ecbe by the city, and TO bs ap-
i piled as q cub cription to the capital OF this
company And without this tax this road cannot
n | be further pro ecuted and completed.
y To tis proposition 1t Ia ohjscted:
1. That the New Orleans Pacific Railroad Com
j. pany is private corporation which the people
cannot be required to support and aid any more
than anv other industrial association or partner
ship: that the benefits profits OF such assocl tied
enterprise will enure to the copartners and not to
The public or the taxpayers,
Irths proposition we're true in law and in fact,
the severely logical minds OF Dr. Brick IL and
IS Mr.. Archibald Mitchell might have wo ked out
5 The corollary Of this problem, ami shown how th
g. industrial enterprise OF the corporators OF the
3 New Orleans Pacific could be made productive to
n " hice for enormous trade and travel; and II
= = IL were 60 productive, how could they question
% its vsl1e aud impo' tsnee its immense utility and
,, pr ft to the pubhop Would not this result nave
l. made it publio and not private enterprise .
q And, II il is OF this great public iIlty OF uni
,s versal pro6tabeness to the whole community
If does il n fall wi hin the OF those objects
lY involving 'the public welfare" to accomplish OF
- promote which is the main object OF govern
|; ment, for which taxes may anu ought 10 be i'm
|. posed and upon which power there is no re-
u atriction or limitation in the constitution ol
~ l4wa2
e You and other opponents of This tax employ
l. sweepiug and vague generalities IN your refer
n ence to the principle vi lated by this tax, Wh.
r. not he more speciic, and show the Restriction
- and m at ion which ia so violated?
!. Under our system OF government the people
ot arc sovereign, and may impose any tax upoi
es themselves which is not prohibited by the non
,y sti,utou. DIR. Brickell expresses bis opposition
D. to railroad enterprises not legitima.ely and i'm
or perativoy dem inded.
q q NAV not the peopl, lax themselves for the es
tablishment of all public work 'legitimstely ant
imperatively demanded for the public defens
and Tho general welfare?" Is not such tax o
The character Of one imposed to protect onr Git
from invasion by foreign foe, or from eubmer
s' sion by the river7 And. il the people choose u
employ individuals or q private co p'ra ion II
=. prn ciple constitutional restriction which for
le bids 50 III mode OF accomplishing the great puo
10 lilo object go simperatively deman edP"
u Bnt 1t 1B c0ntenusu Dy tn9 DEM0uRAT. LII
N Brickell and Mr.. Archie Mitchell that such la7
at and its applica ion involve n violation OF tn
ld rights OF property; that IL gives to one man. or
ri number OF men, the power OF controlling the us
-. ~ of your properly and eubjecting it TO burden
~ which is not within the range Of civil and polit
~ cal goverr ment to impose
to This objection would apply TO all taxes coecte
le by the political authority Of the State. But II
sought to give ii special and pecullr applies
tion to the present tax, because of the pecua
feature VIII ch, instead OF apply ng it absolutel
to the construction Of this great public work, re
imburses tho taxpayer with scrip which retu n
to him direct interest in the profits OF The on
terprise, instead OF leaving hi onlv to share th
he general and pnblic benef wi b the rest OF tn
h. people. The effect OF this provision is to max
r. thi- public enterprise wherein all taxpayer
ha will be shareholders, and to tighten the burde
re Of 'he tax by returning scrip or stock. And 70
10 these notifications aud reductions OF the burder
g. argue these objectors tho tax becomes q viols
'e- ton OF the rights OF property and species {
lis cOmmun SIN.
an II it h ID been simply tax to raise fund t
NJ be applied to the building of this road for th
ho pub ic defense and welfare these genteme
- ~ would have been senced; they could have mad
u no showing in any court in this country agains
We the right Of the people and their representative
d. to impose This tax.
Now, because the taxpayers are reimbursed
the tax paid by them in scrip in the railroad
- prevent the very danger suggesteh by one OF tn
fu opponents OF the tax OF the road being diverte
ad to The benefit OF other communities it contend
os ed by Messrs Brickel and Mitchell that this tax
:, made unconstitutional, and indeed communistit
10 truth. 80 far from being either, it is fave
to and concession which the mass Of non-propert
holders, who contribute the larger portion Of tn
to money with which this tax is paid, alone migt
- object to-tbs reimbursement to the non,int
Oh taxpayers. 1t comes, indeed, with very Da
Or. q ace from the champions of the tsxpa ers
ito base their whole argument against the tax upo
this very concession ana preference given
them over their fsllow-citizsns who PRACTICAL
contribute to the payment OF these taxes, br
yes who obtain no scrip in recognition Of their COZ
re-, tributions.
ur Now, / cannot see how tax, clearly legi
lar and constitutional tax, can be made illegal an
upconsti utional by discounting or reducing tn
M amount OF that tax through a system similar I
OF that Of mutual insurance companies. 1t is ju
M as much forced loan in the one case as IN th
gs other.
th From all OF which results there evidently fo
n lnuS mt and ut