The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-03-18

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citizen has the right now to say that Hayes
was never elected as President, although act
ing as such, with this difference only, that
the people of Louisiana have a remedy il
their own hands for the one, while the people
of the United States are without remedy il
the other case. It Is this popularity of The
situation-this knowledge Of the manner In
which the funding act and the tax amend
ment were passed - this knowledge
of the character of the men who
figured in them-this power still In the hands
OF the people to defeat the scheme and arrest
the infamy- coupled with the impoverished
condition of the citizens, which makes them
unable TO pay, If they were .ever so willing to
do it, that make all these questions about
tie State debt not q fit subject for litigation
In the courts, but high and all-absorbng pub
lie and political issues. But let US narrow
them down to a legal case, and see where the
bondholder would stand. Suppose the State
repudiates, or offers to scale without the con-
sent of the bondholder; or, to make the case
equally bad for him, suppose the convention
says or does nothing, and the legislatures In
the future fail or refuse to levy any tax or
make any provision whatever for the pay
ment Of interest or principal what Is the
bondholder to do? / will not repeat the arg,l-
ment contained in the recent editorial of the
DEMOCRAT, which covered the whole ground
on this branch Of the question, but will add
some further views in the same direction.
| / will admit, for the purposes Of the argu-
| ment, that the amendment fixing the interest
| tax at five and half mills, and requiring it
| to be assessed and collected each and every
| ~ flnft trftt of
properly part Of the constitution and that
all power and control over the subject have
| been removed from the constitutional con-
| vention or subsequent State Legislatures by
| the legal force OF this amendment, which, to
| say the least, Is doubtful question: How Is
| this amendment to be enforced? It Is not
| self-executing. There are no ministerial a0en-
cies called into existence on IL 7ghich can be
| munddmnsed. Unless the State of Louisiana
can be sued judgment obtained against her
| and execution issue or some process obtained
| to reach the property of the people through
taxation, defy any man, lawyer or no lawyer
t. tell me how the bondh older is to proceed
What Is the language of the amendment of
| 18742 "The said bonds shall be q valid obi
CATION Of the State In favor of any holder
| thereof. and no court shall enion the pay
| ment OF the interest or principal thereof, or
| the levy and collection of the tax therefor;
| to secure such levy, collection and payment
the judicial power shall be exercised when
| necessary. The tax required for the pay
ment OF the principal and interest of said
bonds shall be assessed and collected each
and every year until the bonds shall be paid
principal and interest: and the proceeds
shall be paid by the Treasurer Of tho State to
| the holders of said bonds, as the principal
| and interest of the same shall fall DUE
and no further legislation or appropriation
shall be requisite for the said easement and
collection and for such payment" / can
understand this as a nice little device OF the
willy trickster who was running the State
government at that time, to secure credit for
the con5ols and give them market among
| thoughtless people; but how any lawyer or
| any body else with brains enough to get out of
| the way Of street car, could advise Kellogg
| that this amendment would secure the pay
| ment Of either interest or principal, after he
and his fellow cOrmOrantS were kicked out OF
power, surpasses my understanding even in
| this age OF constitutional lawyers. It is as
powerless for the purposes intended, as a con-
| stitutional amendment would have been to
Derpetuate Kellogg in power beyond his
| constitutional term of office. 1t Is not
worth the paper on which 1t Is printed
as a security to the bondholder 'No court
| shall enjoin the payment OF the principal or
interest thereof, or the levy and col 'ectlon of
| the tax therefor" says the amendment. But
| suppose nobody proposes to make payment
| OF principal or interest. or to make levy
| and collection of the tax, there will be moth
ing to enioin. Besides, this is fragrant inva-
sion OF the judicial department. "To secure
judicial power shall be exercised when neces-
sary." But who Is to proceed, and how Is he
to proceed In the courts The State govern
ment will wash It's hands Of the whole bust
ness, and will decline to do anything. How
Is the bondholder to proceed on his own mo-
tion2 Taxes can only be levied and collected
by the taxing power Of the State (the Lpgis-
lature) and is proper officers, unless 1t can
be shown that there is a ministerial authority
created somewhere subject to mandamus
n N fn in Ia s,p at,H-
ment, even Supposing in this manner the
eleventh amendment Of the constitution OF
the United States might have been lodged.
Again: The tax required for the payment
OF the interest and principal shall be as
sessed and collected each and every year
until the bonds shall be paid principal and
interest" Assessed and collected" by
whom2 The same question comes back upon
US: The proceeds shall ue paid by the Treas
urer OF the State to the holders of the bonds
as the same shall become due, and no further
legislation or appropriation shall be requisite
for the said assessment, collection and pay
ment" LII there were any proceeds" the
State Treasurer or the Fiscal Agent az it now
is might be mandamused, but suppose there
are none? The balance of the quotation Is
too ridiculous to engage attention. The idea
OF getting taxes without assessment and col
lection in the regular mode by the simple
process of paper decree like this is the Ian
guage Of an ignoramus who didn't know what
he was writing about.
All this confusion arises from confounding
q State with county, parish, town or city
in their legal relations. These political sub
divisions, called public corporations, are
suable In the courts, and where they have
defaulted on their bonds or the interest,
judgment has been obtained against them
aud where particular tax was provided for
in the act authorizing the issue OF bonds, and
particular officers directed and required to
assess and collect the tax, mandamus has
been allowed to compel them to act; and
where they have resigned or been abolished,
or could not be comp, He'd to act, an officer of
the court (the marshal or sheriff. has been
directed by the court to perfo IN these duties.
And Of late they are putting defaultng cities
into the hands of receivers, a stretch of
power which | shall try to show hereafter is
wholly unauthorized; and a step in the
direction Of judicial usurpation that has been
resolved on which must startle the country.
Whatever may have been done, however,
with these subordinate divisions of the State
In the courts, the State itself has never been
subjected 10 these proceedings. nor ever been
supposed, until quite recently, to occupy the
same ground. The State is not corporation;
it is a sovereignty. It could not, if it wanted