The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-07-29
THE LEGISLATIVE POWERS.

| That portion OF the new constitution which
treats OF the Legislative department carries to
the fullest extent principle which has been
almost entirely disrekarded In the previous
constitutions OF tho s tate. We allude to the
stringent limitations upon special and finan-
cial legislation and the power OF the General
Assembly to incur Indebtedness ON behalf oil
the State. In none OF the more recent eonsti-
tutlons has this principle been carried to fur
ther extent than In this.
The Legislature ID absolutely forbidden to
contract any debts oh the part Of the State,
or to Issue any bond |or other evidence Of In
debtedness except for the two specific pur-
poses Of reDelIing Invasion or suppressing
instruction.
The provisions In regard to local or special
legislation are scarcely less stringent And
legislation Is possible but not upon any very
important subject, hnd only after public
notice has been given In the locality where
the interests to be AFFECTED lie Of the intention
to apply for such legislation. These we be-
lieve to be very wise hnd salutary provisions,
though the proposition to incorporate towns
under general law igan experiment. which has
never been tried elsewhere that we know OF, and
concerning the practlcability Of which there
may we'll be entertat ned many grave doubts.
The advantages OF such system are appar-
emit and they are very great ones--it Ia ealcu-
lated to save the Legislature great deal OF
work of q tedious AID, not unfrequently, OF a
very disagreeable character, In cases where
local auarrels and iealousies OF no earthly
interest to the State at large are vented In the
General Assembly Every little hamlet and
settlement throughout the State, where peo-
pie from the surrounding country congregate
to trade, and where there is always more or
less drinking and gaming going on, wants to
beincorporated for the purpose Of having some
local authority to preserve the peace and pun
ish trivial infractions Of 1t. For such places as
these general law may do very well; but
In the case OF large towns with special local
interests, the law lis Of doubtful expectancy.
AS general proposition, sovereignty should
not be delegated except by special charter and
under conditions expressly stipulated. It may
be, under many Isupposable circumstances,
dangerous to permit any aggregation Of men
to assume the powers OF police, OF taxation, of
sanitary regulation, and such other powers
as go to constitutemunicipa authority, under
mere general law
This, however Ii mere speculation A more
practical difficulty will be to devise In gen
eral law some satisfactory method of deter
mining the limits and bounds Of the towns
seeking to incorporate themselves. For ex-
ample, the general law will probably provide
that place can be Incorporated only after
the question has been submitted to vote and
agreed to by q majority Of the residents-but
Of what extent of country, and within what
limits The storekeepers and residents Of
the village will be disposed to take in as
many neighboring places and plantations as
possible to increase the revenues. On the
other hand, thepeople In the suburbs, deriving
no benefits from the corporation, are always
opposed to being included within the eorpo-
rate limits and subjected to town taxes. How
is the matter to be settled and the town
limits fixed?
Two admirable provisions are, first, that
which requires the Speaker and President
OF the Senate to sign bills, in open house,
and Immediately upon their passage, and the
other which torbids the appropriation OF
money In the last five days of the session. 1t
has been the common habit to rush through
the appropriations at the last moment, and
In this way the State has been made to pay
out many dollar which would not have been
granted had there been time for debate and
elaboration. In several other respects bear
ing upon legislative power this constitution
is a vast improvement on that OF 1868, which
it Is destined to supersede, but the provisions
we have named, with the further restrictions
taking from the General Assembly the power
to remit or release any person or corporation
from debts due to the State, constitute the
most striking innovations that have been