The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-05-03
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THE RAILROAD TAX.
NEW ORLEANS, April 3

NEW ORLEANS, April 80, 1877
TO the Honorable, the Mayor and Administra-
tors Of the city of New Orleans:
Gentlemen discover that Mr.; WheelocIks
President of the New Orleans and Iaclllc nai,
OF tho 27th inst, on the subject Of submitting 70
n popular vote tho question OF tax Ak, for th ,
railroad. Tho tax required is one-half OF one
Der cent per annum during the four, years OF
1875, IT. 7s ana 1879, on all the TAXABLE real es-
tate of this city, And inasmucll as hls aes fe T.
carried, to have been levied first ~ the year
1876, Il Is quite possible, II submitted and car
ried the present year that aoppie tax .. p paT
per cent for 1876. not then levied. ana ohe-hall
per cent for 1877.
sought to be Imposed on one single interest
and imposed, moreover, by nninterested votes
and upon principle distinctly communlste In
YOU the message of our late Mayor, the Hon.
Charles j. Leeds. on returning without ms hp
proval an ordinance TO carry into ehec' 'his
FOLLOWING ID the message Tor which We re-
specially ask your serious attention:
The Mayors Message.
MAyonAITY or New ORLEANS,
City Hall. March 2s. 1876. !
To the City Council Of New Orleans:
return, without my approval, IAN ordinance
Ia cnrrv into effect act No. 40 of the General
Assembly Of the State Of Louisiana approved
This ordinance violates the constitutional
,,,andmant which nrohibi 4 an increase OF city
debt. as you have provided no means and have
,ybich viii be incurred in It's execution and,
also. because the election for which it provides
tic o," expenditure, II made will be- diversion Of
The public funds to an entirely private use.
the act mposes duty , without VI fupnshn y
also object to the ordinance because 1t Is to
carry into effect an act which, in my opinion, is
ifuf
void.
[ believe the act unconstitutional for the fol-
'o FFiraf1'rho tax il for the benefit OF private
corporation and s in no manner for public
purpose. ~
peka case. lays down the following limitation to
Inc right Of taxation: THAT it can only bs used
In aid Of public object which is within the pur.
1T cannot, therefore. be used IN aid OF enter
prises strictly private. for the benefit of indi-
the local nublc may be benefited thereby"
Although the courts have sometimes held that
railroad partook Of such nature S1e g. to Justify
decided Without division among the Judges Of
which they were composed: and IN none Oh the
raiirnad nnrposes has been affirmed has such
right been rec ognized where the road does not
run TO or through the locality to be taxed
A The money to be derived from this tax Is to
he annronriated to build a road more than 200
miles from New Orleans, and II is not contem-
plafad to use the tax to build road to or
shrnurh this city and as there is nothing In the
nnn vni smch decisions cannot apply. although
The or road
70 this point.
~ sse un tax violates the article OF the
Ia anmal md Uniform throughout the State
This article prohibits the levy of a State tax
except upon The whole State.
Aithouph the title OF the act is TO authorize
,vitI, tba nonaenf ~ a nopiar vote a special
tax etn o vet the net itself levies the tax with
tho consent ito, q tho people, and has authorized
u If III II be- maintained that this is local tax
levied by the majority Of registered voters. |
seannat t eoyernmsnt the powers conferred
must be- exercised by those duly selected to per-
form the respective duties imposed by it; and
that tho MAS Of tho people have no more right
TO make a law or levy d tax than they have to
exercise the executive or judicial functions
m mau ~ seq no more right in mere majority
r. vote away the property of the minority than
ia vote away the liberty or life CT an obnoxious
individnal All such violations of the rights Of
nrsnn ani nrnnertv are alike renugnant tn The
principles OF our American system Of govern
ment.
In YieW 81 'h nsai tax can niy be levied by the
Ann, a,actad REPRESENTATIVES of the community
tax as snheet Of course to such regulations as
M law apa constitution NAV have provided.
Wy ,rhirdnThis net violates the lately adopted
constitutional amendment, which provides that
a,e uy y, aalH IN manner or form or under
any nr etc to- - -" .,,,.,
n fo rna annual nstaIiments by the city OF New
nrIeans to the New Orleans Pacific Railway
COMPANY. and viii, In effect add over 50 600, 900
10 the debt which this community has to pay.
md viii he inst "a much a burden upon the
property of the city as Ii bonds payable in from
one to four wears had been issued to the road.
adIv adonted in the interests Of the citizens Of
New Orleans and its creditors, to prevent any
further. sardens from being imposed upon the
>hy iasue Is shtaw don, and the other, through
sEront on I'D credit thereby accustomed; deem
Nired.x one OF the pretexts pronlDltea by the