The New Orleans daily Democrat., 1880-04-16


nv aud unprecedented power t9 pc ,s.a con
faarsod ,,nnn a political corporation Ihif
l,nwpr IL spreised by Legislative bodies Will
great caution, and the power e9 9ansd " eSercse
fIssrIy aas Wa admitted only IL cases under judi,
s,iai invnatiuation by judicial or quasi Judicial
tribnnnls, 1t Is purely and simply iuiteia
rnwpr, III the section under consideration
the Council Of New Orleans y empowers, ~ n
ii yyhlpb the interests OF the corporation are
i,,vniypd to exercise ON ita own behalf and
without regard t, adverse rights and Inter.
fHta. a power which would give II an unjust
and Unfair advantage In any controversy
With 4 citizen or another corporation. Ii
eases out oil which litigation might arise, Il
ss,id even posaess Itself In advance OF evil
denes Vital to its adversary. or important &c &c
itself. The exercise OF this power, even by
the Parliament of Great britain VI 2 eass
In which search was made for an unknown
offender against parliamentary prerogative,
aroused so violent an opposition as 70 compel
mn abandonment OF the pretensionY--- lUooley 6
constitutional Limitations. ....,
Section 40 authorizes the Council 10 provide
for nthe price and quality Of gas" Thepowei
OF intervening between producer, ana con
gunner by the regulation OF the priceof com
modities does not appertain to the State, and
certainly ought not. TO be delegated to OF
vested In a municipal corporation.
Section 81, among other powers coniided tt
the Council, includes some which properly
shnnitl Be and ut,der existing laws are vested
In the Roard Ut Health This double delega'
tion of power weuld be likely TO lead to en-
hariasslng conflicts. Section 1i5 is open to
the same objection. Section 81 also author.
lses the Council ito compel persons TO aid IL
extinRuahlnu fires, or in the preservation "
property liable to be. destroyed or stolen"
There is, In the city OF New Orleans, a Hire
Department. composed entirely OF volunteers
The experience Of many years has shown
that the voluntary efforts OF its members
have been sufficient for all the purposes feI
which they have associated themselves to
pethet. The provision IN the section affords
the singular anomaly OF the impressnent o1
ritisens into purely voluntary organisation
Thus profoundly modifying Its essentially
popular character. The remainder of the
clause above quoted is go vague and made
ufate that ] am unable to understand It's
meaning.
Sectlon ~ invests the Council with unllmit.
ed and unqualified power to .'eell all parks ol
pther public grounds belonging TO the city.
The parks and pleasure grounds OF the city
are not objects OF traffic; they are not 9
commercial asset; they are not liable for
public debt; they are. and should remain, for
public ,lee: they should not be sacrificed FOR
temporary emergencies; they ought to re-
main forever inalienablp, except by express
permission Of the Legislature. The power
to dispese OF property OF this kind or prop
afty which once parted with could never be
repaingti or replaced, should not be conferred
npun ain ADMINISTRATION eubiect TO be ipflu-
enced by motives OF temporary expedieney.
Section T5 preseribes that. ''ali moneys be-
longing to the city, received by any officer or
agent thereof, either from collections, loans,
sale OF bonds, fees, fines and penalties, or
otherwise, shall be deposited In the city treas
nfy regularly once day, unless otherwise
provided by law or ofdinanee."
The authority TO provide otherwise by
law or ordinance" III exercised, would entirely
nulify the vice and conservative provisions
of this section.
Sections no. ILL., 112 and t13 provide for the
disposition OF property found upon arrested
persons ahi Of loat property coming into the
possession OF the police. This is q proper
subject OF legislation. Il is proper that the
law should ilx the status OF such property
and its disposition, but q law for eueh a pur-
pose ahould be general Ia Its nature,
state. There is no reason why 1t
should not apply 10 such property
III any other part of the State as well as In
New Orleans. The sections under eonsidera-
tien form and constitute no part OF q scheme
Of municipal government: they apply what
should be n general law to particular
locality, and they are therefore, special and
local legieiation, and subject to the conditions
and restrictions imposed by article 4s of the
constitution
As illustrations of the incompleteness OF
this act and the want of mature consideration
which 1t exhibits, | shall simply refer to two
OF three inetanees.
Sections 40, ps and 103 refer TO superin-
fenderb OF police, but the act nowhere pro-
yidee for the election or mode of appoint
Eaent OF such an officer.
Section 40 provides that the Council shall
have power. "by resolution, TO require the
city physician and superintendent OF police
or any other OF the municipal officers TO do
any work or take any action for carrying into
effect the powers of the Council"
Ii this has any meaning it may be pre-
sumed to signify that the Council may, by
ordinance or resolution, call upon public OFF,
cials TO do their duty. 1t is impossible, how
ever, TO see the necessity for such authority
inaanueh as meaDe are provided for derelict
or delinquent officials It cannot he sup
posed that 1t is intended that they may call
upon an official ito do any work or take any
action anart from the duties OF bis office.
and yet this seems to be an Interpretation that
The language iuetsies,
Section ia repeals article 80 of the eonstitr-
tion concerning the revival and amendment
of laws, applying it to municipal ordinances;
but Int two places 1t uses the word revised
instead OF the word ''revived," thus destroy
Ing the meaning aud effect OF the provision.
Section 90 eaye that the Mayor shall 'pos-
eess the qualifications set forth in section
E3:' but section SO provides for the method of
removing the Mayor and other city officials
from offire, and says nothing on the subject
OF qualifications.
Finally, / have looked In vain In this bill
Tor any compliance with the conditions of
article 4s OF the constitution. That article re-
uuires that all local or special laws on which
legislation is permitted shall be advertised
previous to Introduction for at least thirty
days. and that every 'sueh act shall contain
recital that euch notice has been given"
bill to frame a charter for the city Of New
Orleans is unqueetionably local In character.
1t is so defined TO be by the constitution IT.
self; for article a8. which prohibits local or
special legislation on eartain specified Objects
contains clause prohibiting the creating
corporations, or amending, renewing, ex-
tending or explaining the charter thereof (by
special aci); pgoeidcd, that this shall not ap-
ply to the corporation of the city of New Or
leans, or to the organization of levee districts
and parishes"
Article &6 is an enumeration of objects as
30 which spectator local legislation is abso.
lutply prohibited. The creation OF corpora
tions and the amending, renewing, extending
or explaining the charters thereof are defined
to be local and special acts Hence an act re-
lating TO the charter OF New Orleans is local
act. Except for the proviso contained In the
clause quoted, and which reservation re-