Louisiana capitolian. (Baton Rouge, La.) 1879-1881, 1881-02-08
A VOICE From THE COUNTRY.
From the N. o. City Item.

That earnest and energetic paper
the Baton Rouge CApToLrAN, pro.
tests against the decision rendered by
a majority of the Supreme Court IL
the tax limitation case, rs q fragrant
violation of the Constitution" 1t de.
clafes the attitude as unbearable us
it is novel;" and adds;
The justices, whose mission it is to
guard the rights Of the people against
the ener0aelfments OF the Legislative
power upon the fundamental law
which expresses their sovereign will
IA barrier which no power can over
step-have dared to decree the viola
ton of one OF its most sacred clauses
What the General Assembly did
not dream Of doing, three judges
have arrogated to themselves the
right TO ordain.
The letter of the Constitution
which says that municipal corpora
tions shall not levy, for all purposes,
u tax greater than ten mills, is set
aside by the Supreme Court, and the
precedent is laid down that will eX-
pose the people to unlimited taxa
ton.
Surely, If laws can be enacted de-
lining the rights Of individuals and
the powers OF legislative assemblies,
there ought to exist some power TO ar
rest that Of the judiciary when it
tramples under foot the rights Of the
sovereign power which is vested
alone IN the people.
We don't believe in the idea Of
playing hide and seek with the Su-
preme Court, by having The Legis-
lature TO abrogate the charters of
cities in order that those corporate
bodies may escape by lodging the un-
lawful DEGREES of judges who disre
gard the mandates Of the very in
stmment to whom they owe their ex-
iStence.
This language is certainly strong,
but only those who bend the gnant
hinges of the knees before authority
will say that it is undeserved As
far as it was possible for legislative
power to go-as far as it possible to
give expression to the sovereign voice
of the State-the right Of taxation
beyond ten mills for all municipal
purposes whatsoever was withdrawn
from the city OF New Orleans and a
special limitation was imposed on the
corporation to that effect. This en-
phatiC provision ofa fundamental law,
in which the will of the State was SOL
EMMY enunciated, and then ratified
by an overwhelming vote, is utterly
disrcgarded by members of a tribunal
from whom better things was
expected.
In the reasons assigned forjudgment,
an implied contract with bondholders
was held to override the most solemn
provisions of oV organic law, and
even the more liberal and reasonable
decisions Of the Supreme Court of the
United States were utterly disregard
ed. The tortuous logic 10y which it is
maintained that the taxing power of
city can be moreetfectually withdrawn
or limited through a legislative act
than by q constitutional mandate, is
as abs,ird as to argue that the inferior
is greater than the superior-the crea-
ture greater than the Creator.
In view of such facts the CAp1TO-
LIAM suggests that for the grave Of
fence committed, the offenders should
be held amenable, not only to public
censure, but, through legislative ac-
ton, to the punishment due to un-
faithful servants. The article closes
with the assertion that "fiagrant usur-
patton of power, wherever it is found,
must be arrested, else constitutional
liberty will be destroyed, and demo-
cratic government exist no longer but
in name.'