The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-01-19


can do so only within the scope Of law-mak-
ing, and not Of executive or judicial power.
It can have no right to place any subject
that is confided to 1t by Its principal ana SOW
ereign beyond its current care and auInoIi-
ty: The commonwealth might do 1t, put ms Is
were otherwise, the Legislature could make
contracts on all subjects for some consioera-
ton, and thereby place them beyond its lurlS-
diction. This is not only the reductso "a 90
surd,nn, but it indicates the source Oh our
dreadful evil of legislative venality.
And this Is especially the case In reference
to the confided matters OF public safety
health, education, morality, etc. where
shrewd and tricky spectators and unscrupu-
promote their schemes perhaps swindles,
and lin order to Elk" good thing, are re-
sorting to "the obligation OF a contract as
the Fortified refuge Of wrong"
Such legislative conduct is baseless and
wrongful, for 1t is Indispensable that legisla-
tive authority should, to theextent Of its dele
cations, be untrammelled, SO as to change
its laws to suit the unoeasng changes OF
all things Of time and sense, and so as to
remedy evils and abuses promptly when they
appear, and 1t can have no right to bind it
self not to act on subjects on which it is, by
its creator and sovereign, commanded and
empowered, and sworn to act. 1t must show
express authority to relegate subject, and
assign duty.
Itseems to be ignored that where po,cer is
given tfor example, the power to legisiate) duty
is coupled and imposed. Can the Legislature,
without special authority, make q bargain
with even pious and pure outsider, to pre-
termit the duty OF legislators on any given
subject and transfer Its power for a term OF
years? This is question to ponder on and
answer.
Again, governing Is the exercise of mind /;
and no matter what the original and inherent
mind OF sovereignty can or may do the crea-
ted and representative mind OF the Legisla-
ture cannot trade Of or transfer its powers
and shirk its duties. 1t Is commanded to
take care Of the safety, the good order, the
health. the morality and the education Of the
community. It mast, with constant vigilance,
tlgative faculties; 1t must reason upon evils,
needs. remedies, reforms, Improvements; 1t
muet, at the end OF its processes Of reasoning,
judge as to means, and 1t must acil the required
remedies, reforms and improvements into
executory existence. Now, suppose that these
or venality, choose to legislate contract with
the Slaughter House Company to locate its
ab0ttoir In central position, back Of our great
crescent OF dwellings, and suppose we find
out, In one year, that the stench-dragon flies
down all northerly and westerly winds, shak-
ing off pestilence, must the unforeseen evil
and intOlerable nuisance remain to curse us
Tor the other nineteen years OF its charter?
Would Its promise to pay hospital money put
legality or justice into such contract?
Forbearing to exercise the legislative mind,
given by the sovereignty for constant use,
and delegating over, or alternating for years,
or selling for bonus, such powers or priv
leges as the Lottery Company, the 1evee
Company, the Slaughter House Com
pany, and such like, have possessed and
used, where their only purpose is gain
most assuredly the duties incumbent on
the Legislature are not performed; and the
case should seem to be precisely analogous
to an agents assigning his mental and moral
not responsible to the original constituent
and principal, and who feels no sentiment OF
duty. but only the lust of gain. Where
power Is given, unremitting duty Is imposed
Again, the sovereign commonwealth has
made three absolutely independent institu
legislative THAT Is, rule-of-action making
duties, to another executive, and to the THIRD
judicial. How can one OF them make such &
contract to bind the commonwealth if no
specially authorized Moreover, it Is gener
ally, under public law, the executive tina
makes such bargains, when authorized. Tit
levee Company seem to have recognized thi!
idea.
Again, If in the case of the Lottery Com.
pany the $4,000 we're to be paid to and re
ceived by the State, there might be some sem
blance OF a contract; but the company sim
ply promises to give $4,000 per annum Il
charity. The hospital is no part Of the STATE
government, and the State is under no obi
cation to support it. Does not the alIeget
contract, then, seem to be1only a nads1m pnc
tmn, and repealable by simple act Of tn
Legislature
| Finally, as to the Lottery Company; It
sham Of pity, its dissertation of the senti
ment Of charity, and its pretense of benevo
lence towards the poor and suffering-all 70
the sordid and immoral purpose Of gettin,
legislative protection for species OF gam
justify the most decisive reprobation.
| New Orleans, January Is, 1879. BIS