The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-05-09
THE CONVENTION.


tons was under consideration yesterday
The subjects thereof are very numerous,
and extremely important. The commlttee
h as evidently worked asslduously to have
dieested and formulated Its views In SO brle1
| q time
AS the constitution about to be made ls one
| which we hope and trust is to be the organic
| law OF this State for many long gears 10 come
| II behooves not only the members OF the Con-
yention, but every man In the State, to scan
| its projeet narrowly. We are satisfied that
| every member II that body desires light upon
| the difficult and intricate subjects under con-
alteration, and will listen patiently to all
| suggestions made, with the view OF correcting
it's defects and supplying Its deficiencies. In
| the hope, therefore, Of assisting In rendering
| the proposed instrument as perfect as possible,
and In no spirit Of mere criticism, we shall
note from time to time, such objections and
defects as may occur to us, In LTD proposed
provisions
Turning our attention then to the report be-
fore ,ls, we desire to say that the great mass
OF the limitations proposed are eminently
wise and conservative. But there are some
of them that are perhaps not sufficiently
L III,
tionable. The first article is we think, OBJ
| jectionable in giving tax collectors too much
control over the funds Of the State. Besides.
the article would have the effect OF convert
ing each tax collector into a disbursng instead
OF collecting officer, with power to pay
out all the funds In his hands to
the officers who happened to be his
neighbors and friends, leaving the officers
of the State at large unpaid, until all parish
and district officers had been paid tn fuN. We
think that the control Of this subject should
be vested In the Legislature, which can easily
provide for a simple system OF payments
which will operate eauitably and uniformly
In case the State should fail to reach cash
basis, or enact that certain proportion OF
taxes collected should be paid into the
treasury to the credit Of a salary fund, to be
applied primarily to the payment oil salaries
Article 9 forbids special or local legislation
on certain subjects. Its provision (commenc-
ing at the forty-ninth line) forbldding the
Regulating the practice or Jurisdiction OF
changing the rules Of evidence in any judi
! cial proceeding or inquiry before courts, etc,
or providing or changing methods for the
collection OF debts or the enforcement OF
cial sales" is, to say the least, exceedingly
obscure and difficult Of comprehension.
Would law authorizing the wife to testify In
criminal cases for or against her husband, or
making coroner's certificate Of death
evidence before the petit JUROR chang
Ing or abolishing process pta erecutiUa'
or providing different remedy for collection
of the dues of landords-would such laws be
=, Especial" within the meaning OF this prohi-
bition2 Would a law prescribing special quail
tiles for witnesses In certain special classes Of
. cases, such as for wills, for authentic acts,
violate this provision? This article falls
: under the head of those that are not suffici-
emily guarded, and needs to be revised and
made more specific and Ineligible.
The prohibition against special laws, tex
empting property from taxation, except such
as ls actually employed for religious or char
. liable purposes" is defective In two particu
lars: First-There should be added to |,
property actually used for "school purposes
Second-The Legislature should be prohibited
from making other exemptions either by ':spe.
!. cial" or general law. AS the article stands, il
y forbids other exemptions only when made by
: special laws. An exemption OF any Other
hluu Vi pIOpelGy Ny yettcfN ~ law WOulu SS6u
to be permitted,
Again, the prohibition against special laws
: 'for Limitation Of civil or criminal actions :
> does this mean that all actions shall have on,
= and the same prescriptions Could the Legis
:, lature, under this prohibition, pass law pro
: viding specially s'for limitation" or prescrip
= ton OF an action on promssory notes or bill
a of exchange or bonds, or torts? Ii 1t does no
mean this, 1t is difficult to see it's application
for certainly 1t was not intended to proven
a legislative act declaring that the note o
Richard Roe" In favor Of John Doe" shoult
It be barred In SO many years, for no such act a
e this last was ever known to the history @
l. legislation. II not why fight phantom, ee
J. pecally by use of words which might ex
J. punge from the Civil Code the whole title c
g. prescription" as being in conflict with tn
e constitution.
: Article Is Is very proper one but shout
M be qualified by adding these or similar words
tt Except by her consent given by special Gt
t. Of the Legislature designating the perso
to whom the privilege Of suing is granted
y and the subject of the suit" Cases ofte
t, arise where courts are safer tribunals to &C
le Indicate particular claims against the Stat
" than are legislative committees.
O. Under article Is neither the State nor an
a. parish, by its authority, could levee a tax
IS build levee or stop crevasse. 1t forbid
le the Legislature doing SO; and as the parishe
re exercise only delegated powers, the State cal
le not authorize them to do what itself is TO
a. hidden to do. The power Of the agent canine
y be greater than that Of the principal, nor th'
d. Of the creature greater than that OF its cree
o. tor.
u Article % fixes the limit of State taxatio
le for all purposes. 1t would appear prem
~ ture to do SO until it is ascertained what til
Mt annual expenditures will be. As yet it ca