The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1880-04-07

laws there are To be fouu in the
Constitution Of 1879 three articles,
| 46, AZ, and 4S. Article &c is entire
~ proliihitory, and declares that tho
General Assembly shall not pass any
local or special law on some thirty
or more subjects, which are distinct
ly and succinctly specified. Article
II declares that the General Assem-
bly, shall not indirectly enact special
or local laws BY the partial repeal of
a general law; but may enact such
laws by repeating local or special
laws. Article 4S follows by declar.
ing how ALL local or special laws
shall be passed on any subject not
enumerated in Article 46, by requi.
ring due notice for at least thirty
days. Of the intention to apply for
such special legislation, in the local.
ity where the matter or thing 70 b
affected may be situated, &c. Tho
drst is strictly prohibitory the Sec
ond is prohibitory Of a certain kind
of special legislation, but permits It
in the case of certain other specified
subjects-the third follows by mi.
nutely declaring how all special laws
upon every subject not specially pro.
hibited, shall be passed. The Ian.
guage is singularly clear and expli.
cite, and while it un4uestionably
gives the Legislature the right to
pass a special law repeating the
Charter Of Pineville, it is equally
unquestionable, that being a special
law, to be valid it must comply with
the provisions Of Article 4S, which
fixes positively the mode In which
all special laws Of whatever kind
shall be passed. Again the same
conclusion will follow. ii the rules of
logic are applied to the solution Of
this Questio verata. All laws are
either general or special, and when
the Legislature passes a law repeal
ingsa local or special law, it simply
enacts special law, nothing more
and nothing less. Now the Consti-
tuition says: Article 48-No local or
special law on any subject, not emu.
merated in Article 46, shall he
passed unless due notice il given. ~.
Ike law repeating the Charter of
Piueville was a special law, on sub
ject not enumerated in Article 46,
therefore as generals include all par
ticulars, the special law repeating
the Charter Of Pineville can oaly be
passed by giving the notice and COM
plying with the forms laid down in
Article 48. Lastly if the position
taken by the General Assembly be
correct, then the following anoma.
oas condition of things must result.
If dixie is to be built across . ditch
or bayou, or If Mr.. Jones wishes to
sue the State for valuable services
rendered, to the amount of say 500,
or If an additional Justice Of She
Peace or Constable is wanted, say in
the Parish Of Cameron, it il conce.
ded that due notice mnst be given as
required by Article 4S, of the inten-
ton to do all these wonderful and
important things, otherwise the act
will be void and Of no effect; hut on
the other hand, II the repeal Of the
Charter of the Town of Pineyiile or
OF the City Of Shreveport, or of any
other Town or City in the State is
contemplated, then these acts invol-
wing the interests of thousands may
be passed by the General Assembly
without reference or notice to tho
places or parties affected. In other
words we must suppose that the fra
mers of the Constitution intended
that the powers Of the Legislature
should be restricted in email mat
ters; but on questions of great mo-
ment they should be supreme and
unlimited. The supposition is a vi.
olent one, and though it may be cor.
rect, in the e3timation Of the writer
i comes much nearer being a redMc-
no al GbswrdNm than it it is fair
OF the supreme law Of
The land. CIVIS.