The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1879-06-20

O0Os
stitution, and Is null and void. II the
courts have decided that the people
under the amendment, were bound to
pay the consolidated bonds, EXCHANGED
for illegal and fraudulent obligations,
the decisions are In violation of the
amendment, and are null and void,
and not binding ON the people.
There Is no system of laws that re.
cognizes the obligation of the State
the people or of individuals to pay lille
gal and fraudulent debts. On the con.
strikes everything with nullity. In
addition to the illegal debts contracted
in 1858, other debts to q very large
amount have since been created by the
Legislature without providing adequate
ways and means for their payment.
These debts are specified in the report
of the majority Of the Committee of
the Public Debt. I have not time to
consider them III detail, but cannot re-
frain from making some remarks on
the levee bond debt of the State.
Our constitution provides that no er
post Jacto or retroactive law, nor any
law impairing tho obligation of con-
tracts shall be passed, nor vested rights
be divested, unless for purposes Of pub.
lie utility, and for adequate compensa.
ton made.
1t is we'll settled doctrine In this
country that no tax can be legally au.
thorized for a purpose which Is private,
or to put 1t in another form, for pur.
pose which Is not public.
A statute which authorizes tho issue
of bonds to be redeemed by taxation in
aid of classes or individuals or I'm aid
of manufacturing enterprises of inli-
because 1t falls within the meaning Of
the rule which prohibits aid to a prl-
vate In contradistinction from a pub
lie purpose, although tho local public
might be benefited thereby in n COL
lateral way. 80 A. 9s7, 9sS.
A levee tax is in aid of classes or in
and is for a private and not
q public purpose. The theory of the
levee tax Is that 1t enhances the value
of lands, increases the amount of crops
and of the revenues of the State. The
same theory would apply with equal
force and effect to all lands In the
State, and is of course fallacious, and
leads to the appropriation of private
property without compensation.
1t is a tax to enrich the few at the
expense of the many. The whole
system Of levee taxes Is nothing less
than confiscation or appropriation of
the private property Of part of the
people to enhance the value Of the pri-
vate property of another part, and in
violation of the plainest principles OF
equity and justice and the fundamental
principles of constitutional government
and it has been so decided in principle
SSD fv,S n
our country. Taxes for the private pur
pose of building levees on the property
of individuals have been levied and col
lected from the people of this State fol
many years to pay the interest or
bonds that had been issued and sold
for the same illegal purposes.
No prescription can run in favor OF
usurpatfon and of wrong against the
people; but on the contrary, length OF
time is but an aggravatiOn Of the in
juries inflicted.
During the last ten years ~ ,9ls, 1875 q
have been paid out of the public treas
ury on account of levecs constructed
on the property of individuals.
During tho same period 50, ,956, ,O63 53
have been paid out of the public treas
ury in the name of interest on the
public debt, including the illegal and
fraudulent debt.
This amount exceeds the amount, in
cash, received by the State since the
war from the sale of bonds by tho sum
of SO, ,O62 ,556 %, which is more than a
reasonable rate of interest on tho cash
received by the State.
The minority declares the following:
cit will thus be perceived that since
the war the State has received in cash
&c, 800, ,5O7 81 for $12, 14l ,24O of bonds
and State notes, reduced by funding to
~, ,294, ,74l."
1t thus appears from official, authon-
ticated facts, that tho State has not
only paid back tho full amount in cash
received by her on the sale of bonds
since the war, but has paid II fair rate
of interest thereon to the bondholders.
What, then, becomes of the argument
that the State is bound to refund tho
amount received, in cash, on the sale
of illegal bonds? The amount has
already been restored, with interest
thereon, to the bondholders.
During the same period Of ten years
the receipts into tho treasury amounted
to SAC, ,GSl ,373 "a, and the disbursement t.
amounted to SiG, ,3Gs, ,7s5 IA, leaving the
State with an increased debt of So,
6s7, All 60.
To these State taxes must be added
parish and municipal taxes for the
same period, which in the aggregate
would amount to from $4,000, 600 &c
$IOO, ,O0O, 900. This enormous taxation