The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-03-22
THE FIRST FRUITS.

| IHE FIRSI EkUlIS.
Already we are beginning to get returns
upon some of the laws enacted at the just ex
pired session of the Legislature, and in 9
| short while we shall be able to estimate mucf
more justly than can be done now the aggre
gate results of the labors performed. The
| bills passed may be enumerated now anC
their provisions given but what their effects
will be is as yet in great measure but {
mere matter Of speculation. Already suits
| have been instituted In our courts resisting
the act regulating private markets, anC
enjoining the city from enforcing It's
provisions on the ground of its un
constitutonality. Tho parties suing Out
| the injunctions are keepers Of private
markets, and they alege that the act is un.
constitutional In that 1t repeats and amends
the previous statute by reference to It's title
only, and because its provisions establish dis
| tinctions between persons residing in different
| localities, which distinctions are not made in
the exercise Of sanitary police powers. The
| bill forbids the establishment Of private mar
kets within radius of six squares Of any
public market. This provision, it is alleged,
| lie health, and was not prompted by any such
considerations, while it is unjust and preiud-
cial to persons whose establishments are
within the radius named. The legal PROPOSE
ton appears to be. that the right to regulate
markets is derived from the sovereign's power
Of sanitary police, and tho State has no au-
thorty to establish any regulations not
clearly consistent with the exercise of those
powers.
From the Sparta Rural Times we hear of d
happier result attending the first application
Of act No. 49, relative to crimes and offenses,
which authorizes judges to sentence convicts
to work on roads and other public works
within the parish where the conviction was
obtained. The following Is the instance re-
lated by the Rural Times;
Gilbert Thomas, tried before the parish court
here yesterday evening and sentenced this
morning, is doubtlesss the first subject con-
dcmned under the late act No. 80, relative to
crimes and offenses, authorizing judges to SEN
tence convicts to work on public roads, et,. Ell
bert felonously handled some garden seeds be-
longing to the firm of Fritz Scheen u For
cheimer. He. was arrested before leaving
town. He waived trial by jury and under the
special act OF 1874 the parish attorney filed a
bill of information for immediate trial in the
parish court Ebert thought it to his inter
est to plead guilty and ask the mercy of the
court He Is now, In less than twenty -four
hours from the time Of the commission of the
crime, at work for our public. So much for
the speedy administration OF justice. Such
citizens, however, as Ebert, may object to this
comment OF our judiciary.
This summary manner Of dispensing JUS
tice is, especially in cases where minor
offenses are committed, a great improvement
on the old order of things. Instead of lying
in Jail for an indefinite period, and at an in
definite expense to the State, these petty
malefactors are to be made to earn their salt,
and in q measure compensate the community
that has to pay for their keeping with their
labor.
According to the provisions Of this act,
known at the time of it's discussion before the
Legislature as the "chain-gang law" persons
convicted of crimes punishable with imprison-
ment at hard labor, but not necessarily SO,
may be sentenced to work on the public
works, roads or streets Of the city or parish
imposed it shall be worked out at the rate of
one dollar per day. The City Council of New
Orleans, and the police juries in the country,
are authorized to pass such ordinances az
may be deemed necessary to carry out the
provisions of the act This first application
of the law justiiies the belief that the act
affords a solution of question that has been
quite annoying of late years-which was, to
devise some means Of furnishing properly
these minor ofenses without entailing upon
the State q most disproportionate expense.