The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-02-09

| Article 135. which enforpes the nipgling OF the
races in the public schools Of the State, q pro-
vision which has been utterly repudiated by
| the public sentiment Of Our people, and which
/ finds Its foil In it's own gratuitous and yindlc-
| tive atrocity, has not been touched at all.
Why has not this provision been abrogated by
our patriotic and reforming Legislators
| 1t may be because these amendments, deal
ing with salaries. per diem and mileage. and
| which essay total reconstruction OF our
judiciary system without any discussion
| whatever outside of tine committee, while they
do not touch unkindly va single one Of the rings
and monopedies that feed upon the people like
| vampires, are meant as a mere "sop to
Cerberus" tp appease the hunger Of the peo-
pie for reform, without mourning the hostility
Of powerful combinations. We tell these gen
tlemcn that this committee constitution
making will not SUIT the people, who will
clearly see that 1t studiously avoids those
matters which cry loudest for amendment
and abrogation.
1t Is all very well for lawyers to undertake
to mystify unprofessional members with re-
tinements about "vested rights" but they will
not be able to successfully spin their oobwebs
about the eyes of an indignant people. It was
but day or 80 ago that bill providing for
the inspection Of meats In thNa butchers stalls.
the only place where proper inspection can
be made, was reported back unfavolablv to
the House by the Judiciary Commit
tee. and indefinitely postponed yester-
day because ii violated "vested right"
of the Slaughter House Company. We
are told by a committee Of lawyers that
the Legislature of Louisiana has the right
and has used 1t. to diyest the State Of It's in
herent power Of sanitary regulation. and that
the exercise of this power cannot be resumed
because q corporation has acquired by grant
an exclusive and vested right which for
bids It,
The charter of the SlaughtersHouse Com
pany is nothing else than sanitary law. The
only grant it makes consists in investing the
company with certain powers Of sovereignty.
To contend that this grant constitutes b vest
ed right which divests the State for all time Of
the power to control its sanitary police is
fallacy which it require no professional mind
to discover. It might as well be said that the
State has no right to revoke the charter Of
town and resume the authority 1t has tempo
Again. by what title does the Louisiana
Lottery Company hold its vast privileges. en-
forced by criminal statutes that pervert the
whole system of criminal Jurisprudence The
act creating 1t Is nothing else than ian act to
increase the revenues of the State" If there
is single subject of legislation upon which
one Legislature cannot bind its successors for
all time. 1t Ia this one OF providing d revenue
for the State Can tho Legislature vest rights
or make contracts. tho effect of which is to
divest the State of its inherent sovereign
power to provide for d public revenue? The
mere statement Of the proposition manifests
its absurdity. But the act in question does
not create contract.
The Lottery Company is merely licensed
corporation and it's quarterly payments. not
made to the State but to the Charity Hospital.
are nothing else than license tax What is
there to prevent the State from licensing two
lotteries, or an indefinite number Of
lotteries, for purposes Of revenue az well as
one? What is TO prevent 1t from refusing any
longer to license one But. even granting
that there are contract rights involved. are
we to be told that when the decentralization
and corruption Of the entire people are the
direct results Of the exercise Of these rights
such an immoral contract can not be abro-
gated.
There are no rights, however vested or from
contract or title derived, so sacred
as to divest the State Of its right to legislate
for the protection of the morals Of its people
and for their redemption from oppression and
Ii any such grants have been
made 1t has been done in violation Of law and
good morals and they are invalid and without
binding force.
AS for the quarterly payments made to the |
Charity Hospital we may safely say that this |
provision is unconstitutional, and strikes the
whole act with nullity. In consideration of
thepayment of this sum to The Charity Hos |
ptal-not to the State-the entire property
ind capital of the lottery company, amount !
ng ty several millions Of dollars, Is exempted
rom oil taxation, This is clearly violative Of
,ct 1ls of the constitution, which requires
taxation to be equal and uniform, and that !
'all property shall be taxed in proportion to |
ts value" !,
The only property the Legislature ID allowed
20 exempt Is specified property actually |
used for church. school or charitable pur-
poses" An equal and uniform tax" in pro
portion to it's true value" on the capital OF
Jhis monopoly, would yield much larger
sum than that paid to the Charity Hospital.
We have felt called upon to present these
points for the simple reason that no one has
done SO in the Legislature and because SO
much has been said there about
that divinity of tvested rights that seem
to hedge about these monopoues and rings.
We insist that the members of our Legisla-
ture should earnestly consider these matters
before voting blindly upon constitutional
which do not strike one blow at
the vast engines of fraud and corruption
which are polluting the very fountain-head of
Republican government morals Of the
people.o
AM TMpnpnANT MuAcnpr