The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-01-04

previously tssusdt nnd, L statutes whlgh pro.
yided that n speeiaea annual tax should ba laid
and collected until the obligations, principal
| and interest should bn discouraged. flue. the
epu plainans thete INVOKED no prgylHion Of the
Consti ution, as do The com ptaiUenta hero
framed Tor the sole purpose Of giving invlola
biiity to tho nohtrant under whlnn they hsla
their bonds. But they urged tho eapetai pro
| vision Of the constitution tart ~ which do
| natea ali lave by width the Legislature. o. the
tims 1t created obligations. provided the ways
and means for their parmsht should uutll Tue
obligations were fully paid, b, tepnhlabla
That bill like this, was brought a{anE. the
| Governor. Auditor and Treasurer pf INV Ath."
aud sought IA does this. tp compel thoaa ON
Gers to execute eontr ct OF the state and 20 10
strain them from executing the laws Wheh IN
Pnlred that contract, In that onEn. hs ~ hits,
there were moneys In The trF fsnrg, collected
under tn = laws for tho payment of tho higa.
tinna viii tho mplaiua hala. Tho bin
| naRed aud tho apniHMinH was. ain'nR z nor
thinaR III restrain thu defendants frotn pay
Ing Of nstlaipg to ha paid out any intareE Funds
nUw In tho treasury. ur hafaSftar to come III.
principal Of nmplHinnntR bonds
Tue circuit Judge. after an"ltHing the Il ri.
aiona. showing the want OF al hottty vested In
he circuit courts IL grant mandatory IN.
junction. and after luminous exposition Of
the enaus touching tbe construction OF The
elaventh amendment TO the con -tltntinn of the
United States thus concludes In tho View |
have taken OF tho case have oonfeiai what
com oil inants claim. that the fuuainR Dill aud
the n Of March IA 1871, ara b nh unepnsi'u
nnal and void mud hnva regarded the hi na
"a If those nHs hn never been ia SO I. tp VII !:
A bill to compel the dafendauts. offfnats ri tho
State tn esegute laws. This mny be done In
the nnae ct the niIle - uf amuninipal Gprpoia-
tinn. but The aDve'eiEn power ~ state cannot
be pnereed To do SO would be 10 substitute
tba court for the executive ON vars o. the state
tipna imposnd upon thnm hy IA Ii ntllaial natn+
by the discretion Of this apurg and It's ptHoa
oath. In other words. II would he an und I.
takins on the part OF this court to administer
the State government. This tho uDutt has no
power nor INCLINATION 10 no,
In my Judgment this Ia to nj fntenta an =
purposes n elit against state. Tho oiIear- II
thu Atata, Including tho Ghlef Executives, are
sued In their official capanty ~ compel them
10 execute the laws of tho 1T to- II is u suit 10
enforce n contract Of the State to pay money
Tho ufflaats ara net sued aa Individuals who
happen 10 he IN publit office tr prevent them
from doing soma MT to Tho prejudea of com
plainant not warruntei by Inv, was tho 30
III "a born va The Bank aud Davis w. Gray. II
d suit like ,his can b. suanne then the alev
auth amendment To tho onns tuition ol tho
United states Is whste pnper
That case IL indiatinsni-hahle from thia, m
leaa. ~ y aysrred II nc hll. snd mn been
itaef TO be saeh by virtue Of the constitutions
amendment of 1874.
The language tharH use Ia IT, secure sHnh
levy collection aud pHy nent the iudiCia, pewsr
shall be led when neonsanrv II neel
not DO here IA GUESSED whathar tho circuit
courts Ut tho United hatt can taka jnriAaiG-
ton Of Il cult agai at II State trough by rttz ne
OF another State by virtue of tho states con
sent. Notwithstanding the prnhhl ion Of tho
hlAVHHIn hHtRhutHAhi w IHR FhfhEH ihHAINHv
lion. For tho smendatpry provision Of The
constitution OF Louisiana CIV. 9 no suah Dor.
mlsaiun, Tho Il bit IT Y state had bean funded
rhe az. called consolidate bonds had bnan Il
ated. Tho colo source for their payment was
an annual tax VIII ch the Laals allure by tho eK-
errlaa nf doubtful preraEativn had levied
tue nmnnfmpnt was adopted II was maui.
fpslv directed exclusively Ia tha Q mira alton
,ot tha continual Annual iaf, th9 prevention .,
the possibility Of lis repeal or being declared
Invalid. ana. through tho cHuaN immo.
diately In uues ion. 1t was In
tended TO preserve TO tho creditor duriog
tho long asriai Of reatE fnr which tho tins
was levied. and beyond tho power pf withdraw
nj on the patt Of Tho Legislature or the State
the right to employ tho prona sa ~ the eturts In
nd Of IT. levy, oosetinn aud pavmnnt fhera
was no snlHrRrn ut Of the judicial power A.
II then existed, and as II thau attached IT, this
statutory contract. which levied an annual tax
for prob bly, a Il ration. 30 u was ~ be CON
thu 4 without subtraction. r. ~ was ha Oh
iaet and nearing OF the hinhndman6 For this
purpose the W ,rds amplpYei are adequate. but
taay are inadequate ~ convey u unfni -HiDn 10
b. lug before tho courts u sovereign a'a. or "
authonEa tho courts by q bill Ia equity To nd
minister, for an uultmit form OF yearH. the
finances OF state. 1t Is not 10 b. snnnoaed
that all ID " pnrinsaiun carrying With ittaanrn
sibiiiias aud consequences III Au1h inoaleu able
magnitude, would ffa atteui ntad to ha q inltnuni.
entnd by words which are far more reasonably
ronstrn nod pthnrwlsa
In the naaa oT VI Comb va the Iloara whare
Que of thaauaAtions w,.a ns 10 thn jurisdiction
of the onnrt over the Board o. liInidatnrs Gre
ateh by tho funding ant Of 1874. Ia the matter
aF giving out those consolidated houaa tp tho
preIudioo of the rights of those VINO were by
the act authorized tn taee' Va mud who hal 10
reptnd thrm according 70 IT'S terms. Tho Su
pretna COURT do not ntrn rnter ~ fhia ranSn.
They thus summarize tho constitutional pro-
vision: " rho amendment." they say pro
wa 4 TINT the lpsna 81 onn4nliiatfd bond ~
hy tho fund nE net should create 4
valid contract hetwenn the State and shch
holder theraaf which tue State ehouli not i'm
pair. prohibited the isane Ct any iniahati =
,,.,tV t1Y,tt. ts tht
tax. aud directed that the latter ahiull he
levied aud collected wi bout any further tesis-
lafion, They proae"i e. d4c'de tho question
Of jurisdiction Automatically. without nttenut-
ing to ind any grant OF authority In this
paps ago,
power under tho constitution of the United
states aud that If tue State uf louisiana or.
Indeed. under aoy government where its pow
ata departments, inniuln thia sn2 After the
IN ieat exa" iuhtion of tho subject, | htve como
t., the conclusion that II dons not. An fuihno-
lion ia asked for from the Circuit Court 81 tho
Unitai Statsa which II 10 control thn Auditor
and Trenaurer Of the safe Of Louisiana In tho
discharge of their ordinary duties IN ih9
Auditor of Acc tuhta aud tho Trass'lrar Of
State. which duties arc aSnroasiy nsaiEnad 70
thnm by virtue Of the nonattu''ou AMI lawt.
Tho reaann why courts cannot eSoroiss this
sonrn over treasury IF & ryarunt WI AFRO
stated tn tho opinions ~ the courts ami In tho
Of counsel tn tho On aa to whtnn |
am about To reter. Thaae reasons ara IA fol-
luiraa that tho action M governments npoa
alaima preferred against ther transnrtaa
ahnuld bs prompt. aud therefore. should be
conducted by the sxsoutivs department. whore
by tha public ,ralitara Will ha saved from the
1om pieationa and ualtys consequent upon lit-
cation In the courts:
. That courts cannot understand the public
noraHsitisa nor tbs attuati IA Of the treasury
with references 10 la capa5lty to answer de-
m Nnda made uppl Il:
g. That to auhi ,ef the tr sa4ury Of n govern
Hf Ia bfrAI nf I'd RIA h.
substitute tha discretion of numerous tribunals
which might n 4 act in harmony. thereby pro-
iuoing cunfuaion aud pub fe dlaatfer.in place of
The diarretion ~ u aingie department which can
act with consistencg nna under uniform rul g.
md whose action Ia subject to u speedy review
by the Legislatures.
4 Th,t un cas- the treasury department II
guided In y ne Ton by its own dtssratian. IL
,annot give certain Information 10 the log
sture with reference t, the public supplies
and
g. TARt tho constitutions and laws of MI
governments are framed upon the theory that
he treasury OF II 4 att ha, It's distin 1t aud in
iepeniant resp nusihiity.
The cases decide by the Supreme C,nrt OF
his State Invariably rec ,gnIa, thu prinrple
hat when an on TAR OF the treasury OF tho
II ate Ia by law ys-tai wi h oil .prafipu h a can