The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-03-01

nei,te rs 4 constitutional expoufider, Joh1
TaylGr, VI Caroline. THUS teaches the same
docttins Id his profound and prophetic work
written In the beginning d this century, ct,
Titled: IAN Inquiry into the Principles and
Policy Ut the Government of the United
Atates.'
Il, most ur ail Of the State constitutions
/ diploma. ehattef h1id corporation are con
dnuued as iultttinal to liberty, md rs tislta
| patlona upon iuan's NATURAL rights In none
Ia !, power given To the Legislature 10 bestuw
| 4 revsliis of airy Kind upon corporations al
the public expense.
The consultation Of Massachusetts declares
That no tttail. of corporation or association
81 inaii haye any other title To obb,in aIvaila
| thges OF particular and exclusive principles,
Distinct from. thOHs Ut the community, thaii
| what arlsas from The consideration III Scr
VICES rendered the public"
That Ut Virgiiila declares "that no man nor
tUf inen afs entitled ta exclusive Of seti4
atnte nlnUltlneDts or privileges from the
| com 1l,lnity but III consideration Of public
services"
The constitutions quoted literally enrolling
"eselusise privileges and etnuumepts" III the
llst u tyranniss, prorsed to expound tile
words "pllblie services These only are adj
,nitted 10 POSSESS Legitimate title 10 .'es-
s#tHive privileges ard emoIumnnts." which
Bre neither Unbeatable nor transmisslble Ii,
children. descendants or relations because
public services being In nature neither trans
nilsstble nor hereditary. exclusive transmits
sibie privileges OF amouInents wers ineon=
patible with the principles Df liberty. This
construction Ut tho terms, By the instruments
IA which they at'e used, restricts Legislative
powers by u definition far short Of an unfet4
tered lipanse to pfunouhUe Whatever com ports
with It's fancy Its interest or its plots, b. be
selvicaable 10 the public. 1t ,ineauiyopaliy
diHsevets the privileges or elneliiments al
lowed to public services fren Whatever may
10 sold Ut transmitted to relations, like bulk
stock. Il expotnds Theses terms az well as
their equivalents, general welfare" accord
Ing to their original lDsophistiehtel intention.
John Taylor. with his prophetic eye and his
deep study cf human nature rs described In
bbe pages VI history. fotesaw, eighty odd
years ago. just what we Of tho present time |
are experiencing, but his warnings as ,it- |
tered On the pages Of the book from which We |
mako these citations, have fallen M III ears |
Ito dull of hearing, and The people Of the |
Quilted States are to-day The servants aye.
The slaves OF the very classes Of lnen from
wl,use chains he would have delivered tis. had
We but hahded liia wise counsel.
We propose IN another article 10 make sons
observations UPTON The police power Of the
legislature and the power to prohibit the sale
! lottery tickets, under adequate penalty.
Y The company Of Mr.. Howard. not
his charter, and III sup
ort Of our argument we shall submit
A opinion of the Supreme Court Of Mis-
lssippi on this subject, which has recently
een cited with approval III d decision Of the
upretne Court of the United States. written
~ Mr., Justice Field and concurred IN by tho
ther members Of the court withouta dissent
~ voice. The opinion Of these courts IA ap4
al'ehtly adverse 10 the doctrine that one
legislature can bind ita successor by any act,
lnt la 10 say, cnn pass any Inv or make any
ontraet which Ia not subject 10 repeal by d
Legislature. II