The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-06-21
LETTERS FROM THE PEOPLE.
rrto DEMOCRAT ID responsible for none of
WI u .iewg expressed In the communicable
~ lIsgaar this head; but no eommunieat items will
y United except from responsible parties.
THE MAJORITY REPORT.

u
THE MAJORITY REPORT.
"a. tbe Convention Judicial Powers The
Funded Debt.
q. ill., Eiitor Of the Dom ocrat:
- nsvlnr had occasion, In the Interest Of til g
sse,e. as involved In several important suit q
a assnat the Funding Board, to closely exam
I M into the validity OF the several issues OF
u. at.ta bonds, and to familIarizs myself with
4 IN Legislative acts and Supreme Court de-
,asIons bearing thereupon, 1t may not be- i'm
sros;sr, nor perhaps entirely In vain, for me
8 arpress briefly my views on the all absorb
,satopics above named.
I'm not Of those who advocate, from what
- MOTIVE the 'somnipotence' OF the repre-
s.rtatiye body now In session. Its assembled
,saubers represent the sovereignty Of the
~.,nle. IL is true, but for the purpose only 10
whiel1 they are convened. That purpose Is
aaanitay set forth In the legislative act from
rhIot their existence sprang-act No. 8, APP
,,roved January 90, 1879. The powers Of that
hody are limited and circumscribed BY the
shisct expressed In that act, which act is the
nice. the mandate OF the people who sent
4hen1, Section | Of the act says: .That an
.eetdon Of delegates to meet i'd Convention to
yruv,e d ne,c constitution of the State, shall be
hald on Tuesday," etc. THE italics are mine)
Eot ID make or adopt new constitution, but
amply to frame one, the people reserving to
themselves the power to adUpt or reject 1t
& vtea 30 framed, for section6 OF the act says,
ssThat the constitution framed by said Con-
vastaon shall he submitted to the people for
& their adoption or rejection" Section4 Of said
AT prescribes the time when they should
meet; limits their travelling expenses and
Der diem, and prohibits any compensation
after sixty days from the twenty-first of
lpril 1879 Section 5 Of said act provides for
the expenses Of said Convention during that
time. It ID absolutely untenable to say that
this body possesses or can assume greater or
ether powers than those actually and essen
tislly delegated In this legislative mandate.
II would be rebellious for them, once sprung
into existence, to assume greater powers than
their author gave them.
Ii il clear, then, that this Convention Ia here
sor the sole purpose OF framing constitution,
only claim the powers essential to that end.
They cannot legislate beyond that, or frame
iAws other than are essentially organic. They
cannot extend their time, for their sovereign
has limited their time In the mandate. They
cannot appropriate moneys-they have no
such power; their sovereign has provided for
their pay during the prescribed time, and
4 iOrbids their pay beyond II. They have sim
ply the one duty to perform, namely, ITO
frame new constitution for the State" and
that end, and that duty should be performed
within the prescribed time. The term Of their
mandate ID expired-their money Is out.
Quere: Quid nunc? The error the omnipoten-
ID assuming that they are the sovereign, while
IN ID reality they are but the restricted and In
n structed delegates Of the sovereign.
1t am correct In the foregoing, the solu-
i Nm Of the next question, to wit: Has the
sssy. IT will not be denied that the making
b. framing law is Legislative, not judi
Gal act. Legislative power is ethe power to
make new laws, and correct, repeal or abro-
gate the old" IA constitution Is the funda-
l mental law OF the nation or State 70 frame
constitution, then, is q Legislative net, and
this is the only act the Convention has to per-
form. This leads me, now, to the majority
nport" on the public debt, which report is
First Because Of the judicial powers and
functions arrogated.
6eeond-Because Of the complete ignoring
81 the consolidated bonds, which now form
w. pnR q - pnnnsc nepo, a ..d ,doa ~
49, ~. t s,, 80
w. u oaI j. .. ~ t Ine hYuvn
sa s .nScis1 ven ,no, add "111 'n0 oon1o
Ta,ss. au .nay o hedh,,dare o.ao haa
fourtna-beeause Ine pon a Su,a caso nas
~ Iaken w, tllsu ~ Iecueu " s,ss
sm e1 p9..e, W.aodl nvslco ~
tn.s " th H..a* LII, Mt ho do,,ad
NOW as 70 Sns hL . ~ VA ara ng. u n,et
s nv ~ ,,n ~ AZ - iaitn ns bond con-
Eael o. opllgatlon ~ luac'hl ~, " " FL
Mneu aione py pouy LAY Hasns !u t ! =,
g9Wels. Jualclai PoWer is tne ppws .,d ~ ap y
s laW " 70 - ittnon ~,
49, aLeH " ns, auu =, ~ i,rt. u
vines Ihis power 10 yested Ia Gonats eh 9,
asuse has Ine ~ e,s nn, .lass
kyWeI oF aLIeMpVeu " eAsltnso ~ Dn4uee.