The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-03-16
reply first by quoting the amendments TO oul
present constitution, which were submitted
In 1874, and officially proclaimed as adopted.
Thpae amendments were:

In 1874, and officially proclaimed as adopted.
These amendments were:
No. /. The issue of consolidated bonds
authorized by the General Assembly of the
State, Mt It's regular session in tho year 1874
Is hereby declared to create a valid contract
between the State and each and every holder oi
said bonds, which the State shall by no means
and In no wise impair. The said bonds shall
be valid obligation Of the State in favor OF
| any holder thereof, and no court shall enjoin
the payment Of the principal or interest there
OF, or the levy and collection Of tho tax there
for; to secure such levy, collection and pay
ment. the judicial power shall be- exercised
when necessary. The tax required for the
Of said bonds shall be assessed and col
| lected each and every year until
the bonds shall be paid. principal and interest ;
and the proceeds shall be patd by the Treas
urer Of the State to the holders OF said bonds
as the principal and interest Of the same shall
| fall due, and no further legislation or appro-
priation shall he requisite for the said assess-
ment and collection and for such payment.
| No. 2. Whenever the debt Of the State shall
| have been reduced below S25, 100000, the CON
| stitutional limit shall remain ut the lowest
| point reached, beyond which the public debt
shall not thereafter BIO Increased; and this
rule continues IN operation until the debt Is
| reduced to SIC, 100000, beyond which Il shall
not be Increased. Nor shall taxation for all
State purposes, except the support Of public
schools, ever exceed twelve and o half mills
on the dollar OF the assessed valuation of the
real and personal property In the State, ex-
Cept In case OF war or invasion.
No. 3. The revenues OF each year derived
from taxation upon real, personal and mixed
property, or from licenses, shall be devoted
solely to the expenses of the said year for
which It shall be raised, excepting any sur
plus remain, which shall be directed 60 sink
ing the public debt. All appropriations and
claims In excess Of revenue shall DO null and
void, and the State shall In no manner pro-
vide for their payment.
Again. our present constitution 1883 In
article Ill reads ~ follows:
Whenever the Legislature shall contract n
debt exceeding TN amount the sum Of 800 000
unless I'm case of war to repel invasion or sup
press insurrection, they shall, IN tho law cre-
ating the debt, provide adequate ways and
means for the payment OF the current interest
and Of the principal when the same shall be-
come due. And the said law shall be ire
pealable until principal and interest are fully
paid and discharged, or unteas ne repeating
lar contain some adequate provision for the
pdyn,e1et Of The principal and interest Of The
debt
Now our respective past constitutions of
1864 and 1852, in articles it'd ahd III reHpee-
lively, held this same language.
Thus, our fundamental law commands that
saving only In case Of ''insurrection" or "to
repel INVASION" the Legislature Of our State
Is powerless TO create debt exceeding $780,
600, unless they "shal In the law creating the
debt provide adequate ways and means for
the payment of the current interest and of
the principal" When2 Why "nhen the same
shall become due Not Mt some other pos
sibe contingency but arhen The same shall
become due. This article Of the constitution
furthermore commands, And he said lar
shall bg irrepedtdblc tatil principal aud inter |
W urg fall, mn n ,fooa
the repeating lao contains some other adequate
provision for the payment Of The principal and
interest Of the debt" Observe the law last |
quoted, And The said tns shall be irTepeaia-
bic" until what timer Until" as the constl- |
tuition says. principal and interest are fully
paid and dischnped'' But does the constitu-
ton admit no exception to this emphatic re-
quirementp Yes, only one, and the language
OF the exception Ia just as accentuated. Let
me repeat tor unless the repeating tar
contains some other adequate provision for the
payment Of The principal and interest Of The
debt"
Now, submit, in presence OF the exhibit
under the States funding act Of 1S74-pre-
this funding actl contain some other adequate
provision for the payment Of the principal and
interest Of The debt,' RS the constitution re-
quires and commands The funding act has
failed from the very first year (1S74l of its ex-
istence. and In 1879 there was no interest
money at all on hand, II we except some $4,000.
During 1877 the Fiscal Agent advanced all
the money and up to and including January,
1878, otherwise the interest payment would
have come, as 1t did this year, to dead pause
at that time 1t will now be profitable for US
TO examine the amendments of 1874, said to
DO adopted by the Returning Board" These
amendments were submitted In the interest
of Mr. Kellogg funding act, and give to the
said act all the force and strength it is i'm
agincd to possess. The last four lines Of
amendment 1 reads, "and no further legis-
lation or appropriation shat be requisite for
Nc said assessment and collection and for such
payment from the treasury"
Again. amendment 8 commands In the last
four lines that "dH appropriations and claims
IN ercess OF revenue shalt be null and uoid and
NE State shall IA no manner prOUide for their
payment" 1t Is plain, therefore, that these
two quotations from the amendments com
mand, first, that there shall be no legislation
whatsoever III connection with assessments
collections and payments from the treasury,
with reference to this Kellogg funding act;
and secondly, that should there be from what
ever cause appropriations In excess Of reve-
nue., then such appropriations or claims arts
ing from whatever source "shaU be null and
eotd,' and the State is consttutionally pro-
hibited from legislating In behalf of such ap-
and claims; for the constitution,
through these amendments, orders that "the
State shall IN no manner prouidc for their pay
pent."
The Fiscal Agent has advanced interest
LuoHoy NiRlSlHLIpIl, COHfltUilR directly
and vitality with these cited amendments, and
The past Legislature has sought to bolster M
this Kellogg scheme by new devices and addi-
Lional props OF its own invention, In utter dis
regard OF the fact that these very amend
ments Of the Kellogg regime, inhiblt most
any new Legislation on this subject
l. was fancied, but wrongly. you perceive,
that this was perfect scheme and would for
ever protect our spofiators In their t'pound" Of
interest and therefore they under took to pro
hiblt by constitutional amendment all future
legislation with this presumed to be- perfect
scheme These amendments we now Invoke
'or our own protection. Now II follows that
since the repeating law" or funding act Of
Mr.. kelloRR's administration did not contain
some other adequate provision for the pay
ment Of tho principal aud interest OF the
tebt," as Ii disclosed by the entire history OF
This act, this funding act In neglect OF this
provision is constitutionally q nullty, and
,he insufficient tax provision being inadequate
ought not to be levied because unconstitu-
lional by reason of this very fact This fund
ng scheme contains honest debts and illegal
Or fraudulent debts massed together to defeat
detection or to prevent discrimination. Our
people may be able to pay their lust debts