The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-09-25
GEORGIA AND HER CONSTITUTION.
NUMBER FOUR.
Rover ana Responsibility Of Corporate

NUMBER FOUR.
Fewer and Responsibility or Corporations
In nothing has the constitution of Georgia
affirmed the principles of Thomas Jefferson
more decidedly than in the stringent limita-
tions imposed upon the Legislative power to
Rndow individuals with corporate and fnde-
feasible rights. The exercise Of such power
by the Bank of the United States excited the
apprehensions of the American people, and
the refusal of the government to renew
the charter of that institution was APP
proved by the popular verdict.
The assumption of the railroad corporations
in like manner exasperated the people OF the
Western States, and the Legislatures and
courts have greatly restricted the powers and
rations. The people of Georgia having
granted liberal franchises to railroad compa-
mics, and contributed State and Individual aid
to their construction, have been, In like man
ner, greatly disappointed in the returns made
by these corporations for the favors shown
them.
Hence we find in the constitution that an
cestral jealousy of corporate monopolies,
Saxon race, manifested In the limitation of
the legislature to grant irrevocable or indie
pendent powers to railroad or other corpora
lions. The right of eminent domain is that of
'citizen for the use Of the State whenever any
adequate emergency, In the opinion of the
State arises to demand the exercise Of this
power.
power shall never be 30 abridged or con-
strued as to prevent the General Assembly
from taking the property or franchises OF
Incorporated companies and subiecting them
to use. the same as the property Of indi,
The State shall never be 80 abridged as ITO
permit corporations to conduct their bust
mess In such manner as to infringe the equal
rights OF individuals or the general we'll
being Of The State,
constitution proceeds to forbid the General
Assembly "to admit the forfeiture of the
charter OF any corporation now existing. nor
alter and amend the law, nor pass any other
general or special law for the benefit of said
corporations, except upon the condition that
such corporation shall thereafter hold it's
charter subject to the provisions of this
constitution; and every amendment of
any charter OF any corporation in
this State, or any special law for its benefit,
and shall bring the same under the provisions
of this constitution. The General Assembly
shall have no power to authorize any corpo-
ration to buy shares In any corporation of
this State or elsewhere, or to make any con-
tract or agreement whatever with such cor
porations which may have the effect, or be
intended to have the effect, to defeat or lessen
competition or to encourage monopoly, and
illegal and void" Railroad corporations
which shall do any act to misead or deceive
the public as to the real rates charged or re-
ceived by them, shall be punished by suitable
penalties to be imposed by the Legislature
From this paramount authority reserved to
the State to exercise the same jurisdiction
over corporation of persons as over ind-
viduals, 1t will be seen that Georgia has pro-
fed and efrectual manner. While the const
tuition expressly declares that no provision of
that instrument ''shall be held or taken to
impair the obligations of any contract here
made plain that no imprudent grant of power
to any corporation win be permitted to work
injustice to the State or its citizens.
It will be said that no corporation will ac-
cept powers revocable at the will of the State.
Very well. No State should put itself In the
power of a corporation. Ii the State must
trust q corporation, or a corporation trust the
State, there can be no question with the citi-
zens as to which should be reserved the
power and discretion. We can conceive no
case in which a State would confiscate the
the rights of its citizens; we have seen many
cases in which corporation will violate the
rights and defraud the interests of the State
and Of its people.
1t would have been fortunate If Louisiana
had asserted the same inalienable and inn
pregnable right of eminent domain, and
reserved its exercise in like manner with
Georgia, subject to no other limitations than
impaired, nor any injustice done to the cor
porate or private interests of her citizens. 1t
lis not too late to follow the example of Geor-
gia In this important particular
The Executive Department..
The cardinal and distinctive error of the
Republican Adventures in the South was the
supposition that by entrusting to one man
the whole power and patronage of the State,
an influence could be commanded sufficient to
ensure the control of the State. AS these
men were generally illiterate and unscrupu-
lous, recently from the army, or the rear of
the army, it was not surprising they should
regard this concentration of power as essen
tial to political as to military efficiency.
Henceth constitutions of the Southern States
conferred upon the executive the power to APP
point municipal officers, Judges, military Off
GERS, and even, in case of the police jurors in
Louisiana, legislators. The constitution of
Georgia returns to the doctrines OF the
fathers, when the jealousy of the one man
power and single person" was such as to en-
trust the executive power to a Governor and
council as is the casein Massachusetts, at pres
ent. The Governor of Georgia must be thirty
years of age citizen of the United States
FOR fifteen years and a citizen OF the State
for six years. He is elected by popular vote
for a term of two years, is eligible for sec
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