The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-06-19
Ill371 VI 80 stE4- eila5t VI ff44z z- =
"A SUMMARY


the senatorial and representative districts q
the State, which are to remain unchanged
until after the enumeration Of the population
Of the State In 1890.
On third reading: There lisa very large
amount OF work advanced to this position or
the calendar. It includes the report OF the
Committee on Limitations, so far as 1t has
been adopted and amended the provisions 81
the future constitution relating to the Execu-
tive and Legislative departments; that pOr-
ton which relates to "Paroehtal Affairs and
Boundaries and to Public Education, be-
sides special ordinance In regard to the
New Basin Canal and Shell Road.
This summary shows that the Convention
has not been Idle by any means; but, on the
contrary, that It has done as much as 1t could
do intelligently, considering the very grave,
complicated and vexations questions that 1t
has had to consider, the laborious investiga-
tions 1t has been compelled to make In many
instances In order to arrive at the data re-
guired for intelligent action and the vast diff
ferences OF opinion that have had to be re-
cOnciled.
In regard to that portion Of the work which
has already been eonsummated, we cannot
say that there Is any portion of 1t to which
serious objection can be raised; but we should
like to submit some criticisms upon certain
provisions which are now standing upon their
third and last reading.
For example, under the title OF "Limita-
tions Of Powers Of Governm emit, We find that
the General Assembly is forbidden to pass
any local or special law Creating corpora
fiFxfY1
explaining the charter thereof; provided,
that this shall not apply to the corpora
tion Of the city Of New Orleans" There
are many reasons urged why this should not
become q provision OF the constitution. tt
does not abrogate existing charters granted
by the State to incorporate towns, but merely
serves to leave these charters ossifled In their
present shape, and to take away from the
Legislature all power to amend them as ext
gency and the interests OF those various com
munties may require. The Convention evil
IDENTIFY expects the next Legislature to pass q
general law under which all municipal cor
porations shall be chartered without the ex-
ercise Of legislative power. This plan does
not appear to Us to be practicable, and We are
not aware 81 any instance where
the limitation upon the legislative
power In regard to the creation OF corporations
has been pushed to such an extreme. In the
constitution OF Pennsylvania, wherein this
principle has been carried further than ever
before, and which ID supposed To embody the
most advanced doctrine upon this subject,
there 10 special exception madein regard to
corporations, which are treated OF
under q separate and distinct title. This is
the first attempt that has been made to or
ganize municipal and political corporations
under general law, and we do not believe
the thing to be feasible In point OF
fact. The advantage as we'll as the
practicability Of establishing general law
under which all other corporations shall be
Is apparent. Itmakes the granting
Of all special immunities and privileges I'm
possible, and precludes the interference OF the
Federal judiciary to enforce charter and con-
tract rights as between the State and her
domestic corporations. But III regard to
political corporations the case is very different
These are subdivisions OF the State, to
which are entrusted very important
elements OF the sovereign authority,
such as the powers Of taxation and poifce. /
and these are prerogatives and privi-
eges which should not be reposed any
where except BY special grant, and which the
State ought to have the right to resume, re-
strict, alter, enlarge and amend, as circum-
stances require, and this right she could not
assert under general law. But, aside from
ibis consideration we do not believe that a
general law can be passed that will prove
Particularly In fixing the
boundaries OF Incorporated towns will such d
law prove unsatisfactory. In case commu-
nifty should desire to be Incorporated, how are
The limits Of the corporation to be fixed un-
der general statute2 The general law may
Jay that no charter shall be granted except
q certain cases. where o clear majority OF
me people ask 1t after q popular vote has
'een taken. Butt how are you to define the
limits, 10 general law, within which parties
an vote? Large land owners, and they are
the persons most interested, almost invari-
IDLY object to having their property included
within corporate limits. But, under a general
aw, any aggregation Of cross roads interests
could establish municipal surveillance, at
general expense, over any extensive planta-
ion property.
Ind That residence OF ten years in the State
required, and of two years In the district or
,arish, IN order to qualify an Individual to
lection to the General Assembly. A resi-
ence OF ten years Is also required to entitIe
ne to election to the position Of Governor.
We do not appreciate the necessity Of these
equirements. Take, for example, the city OF
lew Orleans, where street is the dividing
Inc between one representative district and an
ther Ifaman move across the street shall he
o disqualified from representing during the
eriod OF two years any constituency what
yer 10 the General Assembly? The residence
ten years in the State also appears to have
cen instigated by past experiences, which
7ere phenomenal and are not likely
o. recur again. Carpet-baggery is one
those things which people are not
kelly to be submitted to more than once Ia