The New Orleans daily Democrat., 1880-04-16
TIE CITY CHARTER BILL.
Why Gov. Wilt Thought Proper
to Veto it. &,
The Governors Objections, as Filed
With the Bill in the Office of
the Secretary of State.
Unoonstitutionality Of the Measure Pointed
Out.
EXECUTIVE DEPARTMENT., !
State Of Luulslnua,
NHW 0uT.HANa Apr.i1 tx tppn II

cannot approve and sign the bill entitled
San act to reorganize the local government
OF New Orleans, which originated In the
House OF Representatives, for the following
reasons, among many others:
The bill to provide new charter for the
city of New Orleans came into my hands only
on Saturday, April 10, the last day OF the ses-
sion of the General Assembly. It was Of
course impossible for ne In the few remain
ing hours OF the session to devote to bill of
this magnitude the serious consideration
which 1t requires. It therefore remains in
my hands awaiting my approval IL L find,
after examination, that / can conscien-
cognizing what appears to be the popular
desire tor some change In the city govern
mf ut, should have been slow to interpOse
my objections Bgatnst an act which is pre-
sumed to embody the wishes Of the
Legislature, without reasons so strong
and convincing as to satisfy my judg-
ment that | ought not In justice to the
public to pursue any other course. In this
case the reasons are not weighty alone; they
are conclusive. 1 have examined the bill with
care and attention, and with u disposition to
regard 1t as proper object Of executive ap-
prOvai; but examination has had no other re-
suit than to reveal 30 many imperfections, SO
many departures from admitted principles OF
INV, SU uidHy siOlHbton6 VI LILO luuudmtubdl
rights Of the citizen, so conspicuous an In
fraction OF the constitution. OF the State
itself, that ] feel compelled to with
hold my sanction from It, l might per-
haps leave 1t unsigned and thus in
operative without explaining the reasons
which control my decision; but the import
ance OF the subject is 80 great and 1t has been
30 long and SO sharply debated, and public
interest has been 30 deeply enlisted 10 1t, that
consider 1t just to the public as well as to
s,r,lf 70 hn yrhI hnryn
operated upon me- and which have controlled
my course In relation to the measure. l shall
therefore, as briefly as possible, state my
views on some of the more important points
which have suggested themselves to me, pre-
mtsing, at the same time, that | have by no
means exhausted the capacity OF the bill for
adverse criticism. The statement of objec-
tions which follows is not made with
reference to the numerical sequence OF the
sections, but is controlled In Its order by
what appears to me to be the relative Inn
portance of the points presented, except that
have reserved for the last the points OF the
entire uneonstitutionalty OF the bill.
The power to raise revenue by. means OF
the system commonly known as licensing ts
one which has long been exercised In this and
other States. Section "A of the charter,
which treats OF licenses and invests the COun-
ell with the right to impose them, appears
to be constructed under total misapprehen-
sion of the origin and nature OF the power.
Licenses are In reality only q form OF taxa
tion, and the power OF taxation ought and
can only be justly exercised for the purpose OF
enabling governments to fulfil their proper
functfons. These are defined by ahe first
article OF the bill of rights to be ''to protect
the cittz.ns In the enjoyment OF life, liberty
and property" One uf the essential rights
embraced In this definition, q right inherent
In the citizen end necessary to the maintenance
OF civilized society, is the right to conduct any
business not intrinsically criminal, vicious or
immoral, and not Injurious to public health or
safety This is one Of those rights for the pro.
lection of which governments are Instituted
among men. It follows, from this principle,
that the citizen does not derive his right to do
business, or to exercise his vocation, from
municipal ordinance or State statute, or even
from any constitution. Section "a, however,
proceeds upon the theory that the right OF
citizens of New Orleans to prosecute trade,
to pursue a vocation, or to. conduct a
isw. sneSf Even n further than sefa tsis IT t
assumes that the Council may actu-
ally refuse to license, and may suppress by
force OF ordinance, many reputable, Innocent
and even necessary vocations. thus denying
to the eitizsn the very protection 1t Is the
duty Of the law to confer. Among those
occupations which the Council is In terms
brokers, peddlers. hawkers, money changers,
intelligence offices, corn doctors, private
hospitals, museums. billiard tables, "or any
other tables or instruments used for amuse-
ment," horoscope views, magnif ying glasses,
hibitions, shows and amusements." Some
and apparently trlflng occupations,
but the persons who make their
protection of the law as II they dealt in mill
lions. Others are amusements, com mon
throughout the civilized world. and which
have never In recent times been regarded as
Immoral or Injurious. Others yet, such as
br.ty nh no
telligence offices and private hospitals are
occupations important and even necessary to
public convenience. 1t may safely be as
sumed that If the powers thus conferred upon
tent the city of New Orleans would be
summed by all men accustomed to the ways
OF civilized life.
Section "a is as follows:
SEC a. To license, tax and regulate law
yers, doctors, doctresses, undertakers, dem
tists, auctioneers, grocers, merchants, re-
tailers, hotels, boarding houses, buildings,
tenement houses, Office buildings, public
buildings, public halls, public grounds, con-
oerts, photographists, artists, agents, run
meetings and shows, real estate agents and
brokers, financial agents and brokers, horse
and cattle dealers, patent right dealers, In
spectors and gaugers, stock yard proprtetors,
examiners OF titles, oonveyancers, mercantile
agents, insurance companies and insurance
agents, bankers, banking or other corpora
tions or institutions, telegraph companies or
corporations, street railroad cars, livery and
sale stables, hackney carriages, private car
riages, barouches, buggies. wagons, omni-
buses, carts, drays and other vehicles, and all
other business. trades, avocations or pro-
fessions whatsoever; to fix the rates for car
Tiage OF persons, and OF wagQnage, drayage
| and carriage OF property, and regulate the
width Of the tires OF ali vehicles for heavy
transportation; to license, regulate, tax or
suppress hawkers, peddlers, brokers, pawn
brokers, money changers, intelligence offices.
public masquerade balls, street exhibitions,
dance-houses, fortune teiiers, pistol galleries,
| corn doctors, private and veneriai hospitals,
! museums and menageriee, equestrian per-
formances, horoscopic views, lung testers,
muscle developers, magDifyiDg glasses, bill.
lments used for amusement; cireuses, ope-