The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-08-02
THE OITY's CLAIMS ON THE OONVEN'
TION.

The article In the Picoyane Of yesterday on
the neglect Of the city's interest by the late
Convention Is, for that paper, remarkable fol-
Its lack OF logic, law and common sense.
The ignorance of familiar legal principles
is exposed In the assumption that the charter
and organization of d municipal corporation
should emanate from State Convention
rather than from the Legislature. Every
tyro at the law knows that this IS the funda-
mental and universal doctrine of our whole
legal and political system. The reason Of II L.
too obvious 70 be dwelt on. A departure from
1t would Involve al entire revolution Of our
political system.
Our civil code, containing the whole body
OF our civil Jurisprudence, makes 1t an indls-
pensable requirement Of corporations that
they should tie authorized by the Legislature
it has even been doubted whether State con-
stitutional conventions could modify the pro-
visions Of existing charters Of cities, where
such notifications would tend to impair
vested rights and the obligations OF con
tracts.
Says Dillon on Municipal Corporations:
OF the law Of corporations III this country is that
here all corporations. public and private, Klst
and can exist only by virtus OF expressive legis-
latfve enactment creating pr authorizing the
creation Of the corporate body.
The same writer adds:
RICH 9 are protected by constitutional provi-
sions. express or implied. they are removed
from Legislative control. but no farther, as We
shall see In a subsequent chapter. Although
the constitution Of State may recognize the
municipal corporation of an important city by
vdng Tor tbeir eecton ete J Ut his does ut
make the charter of the city a constitutional
charter, comforting power beyond the control
OF the Legislature.
1t follows from these and the uniform tenor
of all authorities on this subject, that for the
late State Convention to enter upon the sub
iect of the change of the charter and the reor-
ganlzation OF the city government. was to en-
gage In a dangerous and difficult venture as
to the rightful power and a proper regard for
the consistency. unity and established usage
Of our jurlsprudential system Of such an ex-
pertinent and undertaking.
The Ricayune gives no authority for Its as-
sertion that the people manifested their will
and expectation that the Convention would
enter upon any such labor.
It may search It's own columns, which pur-
port to express the will OF the people, for
any such fntimation or expectation IL will
discover in those columns vigorous articles
denouncing the proposition OF Conven-
tion, In view of Its probable tampering with
the city charter. 1t is due to our neighbor to
add, that these articles were quickly followed
by earnest editorials In favor Of the Conyen-
Inf In nf
made to the demand and expectation that
this body should overhaul our city charter
And when subsequently, returning to It's orig
inal position Of opposing the Convention the
ncayarne advised the adoption Of the amend
ment proposed by the Legislature. which
contained no provision relative to remod-
cling the charter.
There was no such expression of the will of
this people In the election of the city dele
gates.
This is shown by the nearly equal division
Of the city delegation In the Convention, ON
the vital question involved In the reorganza-
tion Of its charter, and the concurrence OF
majority Of them III the wisdom and policy Of
the whole subject to the Legislature.
Hence the Injustice, to use no harsher term,
Of the sneer at the country delegations for an
undue attention to the interests Of the coun-
try, and a neglect Of those OF the city. There
Is not the slightest foundation for this lnsinu-
alton, nor for that of an alleged waste Of their
time and labor on the invaluable provisions
the limitations on Legislative
power. m.=5M@ Z=
The people Of the city were as deeply In
tara tod ir,
large protection and rs full guarantees there
from as those Of the country. They embody
to which municipal corporations
will be subjected, and under which the Leg
stature will be restrained from any legIsla-
lion in regard to our city charter and govern
ment, Of which the taxpayers and citizens Of
New Orleans have any grounds Of just appre-
tension.
Had the Convention gone any further and
attempted to remodel the form of the city
government and revise its charter, besides its
it would have required a
of its session during the whole
summer, and the production of constitution
# such extreme bulk and length that few cit
zens would have had the time to read, and
till fewer to digest, its provisions
1t is waste OF words and space to expose
he futility and ignorance Of such complaint
II the action Of a body which, with SO much
est, ability and earnest devotion, discharged
q satisfactorily the high trust contded to 1t |
y the people.
THE TIMES FACTS