The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-05-12
ICOmmalanicated.l

Editor Democrat-I do not perceive
how there can be any honest dl1lerenSGe
of opinion respecting the spirit ana the
letter OF act 1O1 Of the extra SESSION. VI
| 1877.
Let us examine the title and the very
first section of the act. They reao as
follows: I
| An act to repeal act No. 155, approved July '
a. 1874, to provide for the appointment OF regis
trars of voters and clerks OF registration shlouEn
out the State; to fix their compensation apu aau
ane their powers and duties to provide for Keep
ing registry OF legal voters; to define the uusn
Of certain officers; to prescribe penalties Ior VIZ
]ations of tho provisions OF this act, ana 10 pio.
vide for new repatriation OIL voters sn'o'b''"'
SECTION i. BE it enacted By The Senate ond
House of Representatives Of the State Of Lontst
ana II, General Assembly conoened, Tnat t,. aes
IAN act to provide for the revision ana c .
re ton of the list OF registered voters OF ene
state, the appointment OF the various and
therefor, and to prescribe the duties, powers anu
compensation OF the same; to prescribe ceT ,I
duties for the sections OF the cemeteries OF new view
Orleans; TO prescribe the penalties Tor the vio-
laton of this law, and to provide Tor new regis
tration Of the qualified voters OF the state, do
!, and the same is hereby repealed.
Does not this first section repeal In
, the plainest possible terms act NO. loo,
, approved July "a, 1874? AS this act
was the one under which our late regis
J tration was conducted, and since IL ID
now repealed, it necessarily follows
that the registration, to which IL gave
| birth Is also cancelled.
Section provides that, Immediately
: after the passage Of this act, the GOV
ernor. by and with the advice and con-
sent of the Senate, shall appoint
: Registrar of Voters for the parish OF or-
: leans" etc.
c Section states "That it shall be the
/ duty of the Secretary OF state. Wltnlh
;, sixty days after the passage OF thls act,
/ to furnish to the registrar for the parish
OF Orleans, and to the clerk OF the court
in each Of the other parishes. Tor the
uge of the assessor Of said parish,
good, substantial book for the recording
o of the name, age, residence, Occupation,
color and nativity OF all registered
h similar book for duplicates-one index
book for each registration or duplicate
e registration book" etc.
- Sec. S. "That the registrar appointed
70 pursuant to the provisions OF TINS acI
and the assessors shall be required 70
ia make new registration OF the qualified
h. electors. and no elector shall be per
=. mitted to vote at the next or any sue
q. ceeding election who has not been regis
"a tered as provided for by this act.
ia Now in the face of act 20, approved
ri March 8, 1876, and known as y The New
Of Orleans Pacific Railway act" we una q
k. section (34) in act 101 OF extra session OF
he 1877, which reads; "Ihat TINS so1 act sae1
,ir member the present act OF 1870 snail
- take effect from and after its passage
rv and all laws in conflict with its provs
lvy ions be and the same are hereby re-
n, pealed. -- u,,
"a into immediate effect. Mr.. Landry
Al. has already been appointed the registrar
ifc
ia old registration act has been repealed
40 bv It. and of course the old registration
,rs cancelled. This new law was approved
do April 30, 1877, and Immediately displaced
an the old law and Cancelled the old regis
tration list Of voters.
at- But let us take another view or TIM
W. New Orleans Pacific Railway act
h. This act we have seen was approved
A0 March 3, 1876 / beg to. offer an im
tes portant extract from section one OF thi
, nS said act. to wit: eff the vote shall b
,o,, in favor Of the tax, said tax shall 3
ba deemed and Is hereby declared to b
,oh levied for the year 1875, from the date G
ted the election, on the assessment OF lSI
w. shall be payable at once, and eXlglbl
ot one month after such election; durin
the the succeeding years it shall be levie
1nlr and be payable and exigible in the sam
hat manner and at the same time as othe
are city taxes" etc.
oA' 1t is very clear, then, that accordin
to the specific terms OF this New VI
leans Pacific Railway act, this tax ca
only be voted for and levied under sal
ia. vote during the year 1876" 1t cannt
be voted for In 1877, for during the SUI
ceeding years uS77, 1878 and 1879
shall be levied and be payable and e.
olic s, na manner 1nv" and at the same time
~, " other city taxes.
'me Now. has this been done? / answt
was no. Can we vote in 1877 to tax proper1
on for 1876, when the vote was required
III be taken in 1876 for that very purpose
les, I believe not, for such measure wou
l .ne be retroactive, and consequently void
ing T believe the New Orleans Pacit
3so- Railway, In not having been submltte
Tue to a vote in 1876, to have lost all l
high a aNg a ao7z lhaoanse to do 40 would
left ~. !. ~ 10 10 To- w ~ its existence RI
cannot exist under the act Of its ere
ton. and il it cannot violate that a
and live, the Pacific Railway tax is
o,r dead and buried institution.
Elm conclusion, where does act lOl
- the extra session OF 1877 make any e
the ception in favor Of local election or
ting favor Of the New Orleans Pacil
liner 1 Railway tax? / have failed to find al
tniS S such exceptional clause,
sau I understand that it has been relt
WI ated again and again by our State
,tha preme Court that, Where the II
l ms makes no distinction, the court cam
h ! n,,t Ubi ler non distingu1t, nee nos 0eoen
, is a "'0'''9'' n TT TEpAuIT. M. D..
shot D.o.;aon+ Pool Estate and Taxpaye
ierre : t T:
rial; onAon "