The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-02-20
SYNOPSIS or JUDGE CAMPDELLs Ar
GVNIENT.

GUMENT.
judge Campbell. after quoting tho vnrlou,
heta OF tho Legislature relative TO the division
Of the city Into municipnlites. al Of which
looked to tho probability OF II reunion. and
made provisions for the payment OF tho debts
OF eacl municipality. by It's inhabitants ~ d
condition, and asked for some respite from
at Inst provided In tho section II Of Tic eot TO, Of
1864
The debt of this city was then ton millions OF
dated under tho terms and eonditiona es-
pressed n this aIth section. which contains In
its several provisions q contract that the State
u Louisiana ia debnrred by the constitution OF
Tho United htntcs. and that Of tho State. from
mpairing. This II n communicative contract.
4 vast array Of authorities we're cited on this
l,i e now PROPOSED to invaldate this Sontrac.
ana deteat its oparation on tho several fail and
l. That the Legislature could not divide this
debit between tho several munielpnlitioa 50 ns
TO make ono pay more than another
Tho answer to this Ia that by tho not of 1880
thia power was reserved. mud that II was anthnr
several s, decisions OF tho courts were cited on
!. That the imposition of tho tax under the
net or 1859 upon lands and slnves violated tho
tton l2a Of that of 1852.
Judge Camp repeated and elaborated tho
argument OF Mr.. semmes. that these clauses Of
taxation. and that such was tbs settled construc-
tlon Getting Ereat many caAes to that effect
until the case of Municipality. . Annual 44G.
sequenty one OF the Judges discarded his first
opinion aud overruled thS opinion by name.
rhors o, were ,a VARIOUS snbsanent dessipna 70
thorized TO levy on lands alone.
Judge Campbell then showed that this con-
stitutiona! restriction docs not reauireall prop
erty to he taxed. but that tho taxes shall be uni
One kind of property may, be taxed higher than
great many authorities were cited on this point
Tho conclusion ts thus stated:
In Louisiana the constitution provides for
State taxation. and permits discrimination and
classification Of subjects us to State tnxation:
and the reports show that taxes placed upon
been supported In tho Supreme Court
j. u was next shown by reference to Gets Of
ne hLegislature h2w the adjustment Of tho debts
or inc municipalities proceeded and the tax
provided for In section NJ was collected and ap-
piled, and Its validity. never opposed or ques-
Iesisiatrr re- In 1855 amended ths nhnrtar Of the
city and re-enncted neatly all the provisions Of
the act Of 1852. repeating the assurances II con-
tains for security and payment
The tax was collected accordingly from that
date until 1870 without opposition or dispute.
It's collection, was more vigorously enforced
It's diversion. Even when, under d great do
preston In 1874, tho collection was suspended.
rs validity was recognized. An entire genera
and tax more than half the principal and ali
the interest had boon paid In that time. Not
tiil 1875 did the city authorities evince dsposi-
t!on to disburden themselves OF their obllga-
tons.
Judge Campbell then recited the proceedings
faith. which resulted In the decision that tho
contract was valid aud constitutional one. and
enioined the diversion Of the interest fund.- but
ferred the bondholders to- mandamus to compel
the assessment OF taxes year by year,
:; o rms made nude res J"a,cata upon which Judge
the various concurring facts and arguments to
show TIE fu r,ecogniton OF the validity Of this
that II ia not within the impotence OF the city
Of New Orleans to deny the validity OF the
thirty seventh section. Such defense is immoral
ities are cited on this point.
Judge Campbeli next proceeded to expose and
discuss ds ~ s1 the provisions Of the premium bond
lated the contract Of 1852. annihated the securi-
ties OF these creditors. Inhibited all remedy and
the public well-being and the maintenance Of
public honor.
He read the several authorities against the
attempt was made. to take away the remedial
rights which were part of the contract and to
poWep nd ne par cb nda
lay esxa s performance q contracts,
the yudse dmnee then hn eaboraey describes
compel u corporation to fulhll It's contrtS,t.
The ut empt OF the Legislature to deprivel these
parties Of this right Is as flaerant a Vase of
wanton and premeditated Republication is has
stained the annals OF any State or OF any fifty.
The objection to the title of the act of $3.50 he
denounced as an artiiice OF levfty and Hi ked-
ness. He compared this and the other 'Habbe"
o. Dretexts OF the city to evade the erfo&nance
Of their du y to the assumption OF ,Tana Cade.
that the laws OF England would comefoGH d. from
his mouth. The constitution aud laws; ulider it
were regarded as coowebs, to be brusEcSl away
with their potential hands. eThis Wholesale de-
struction only convicts the persons { no at
tempted 1t OF impotent malice anl m:sahaef.
Judge Campbell concludes his brief BIZ objec-
ton to the intervenors based on \ conseCa ential
or sentimental interest In the suit. That~on this
q, ound all the creditors of the ely might intero
beers Of the corporation; The allowance OF the
owner OF premium bond, one an allegation
that the payment of his bontkis eopardized.
to ventilate his notions. of municipal obligations
might convert the court into Ississ meeting for
the manifestation of populas passions instead
of being place where justice u juAiejally dis
pensed. so as to maintain truth.
e-e
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