The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1881-01-21
LIMlT OF sTAE AuTHoRITY.
ICity Itelnl

Two or three years ago the cities of
Mobile and Memphis We're respectively
in condition of municipal bankruptcy,
but being unable to obtain relief
through bankrupt court as private
Individual could, they were compelled
to appeal to the Legislatures of their
respective States for relief. The re-
srources of both cities had been ex-
hausted by extreme taxation and ex-
travagant expenditures, and the tax
payers, il not relieved, would be
obliged 10 abandon their property. In
the case of Mobile the State Leg gislature,
acting on the principle that municipal
corporations are but organized instru-
mentalities of the State for the more
convenient administration of local
government-a principle declared to
be sound by the recent decree of the
United States Supreme Court-with-
drew the charter it had granted and
provided for the appointment of adj
ministrators for the Port of Mobile.
Since then, with a better administration
the expenses of conducting the public
affairs of the Port have been less than
half of what they previously were, and
under an equitable adjustment of the
claims of creditors, the annual demand
for debt purposes is reduced from $780,
600 to 81 900. While the old city gov
ernment continued the shrinkage in the
value of property was continuous;
whereas, under the new arrangement
the assessments are beginning to en-
large.
In Memphis the situation was even
more desperate. The creditors of the
city obtained judgments for large
amounts, which were followed by writs
of mandamus to compel the levy of
taxes for their payment. At this crisis
the Legislature repealed the charter of
the city. But the constitutionality of
the act was questioned by the contest
ing creditors, who claimed the invali-
dity of the proceeding on the ground
that it impaired the obligation of a
contract, and was therefore violative of
the Federal constitution. On these
points the case was finally carried up to
the Supreme Court of the United
States, and that court held that the
right of the State to repeal the charter
could not be questioned that tthere
is no contract between the State and
the public that the charter ola city
shall not be at all times subject to
Legislative control. There is no
such thing as vested right held by
any individual in the grant of legisla-
tive power to them." [Cities.l The
power of taxation was Furthermore
held to be a supreme adjunct of State
sovereignty, and when withdrawn by
the State which granted it, it can no
longer be exercised by municipal
corporation. The creditors in question
We're therefore told to appeal to the
Legislature for relief.
These points, especially SO far as they
relate to the city of Memphis, are ably
urged by Judge Marr in his applica-
ton for rehearing in the case involv-
ing the constitutionality of the ten mill
tax Limitation, recently determined by
our Supreme Court. A rehearing is
prayed for, because ssthis decision
makes lawful in the State of Louisiana
that which has been regarded by our
people as an abuse of power, the
usurpation of authority, an invasion of
the precious right of self-government,
the overthrow of State sovereignty in
one of its most important and delicate
attributes" The authority of the State,
through its constitution, to limit taxa
ton is insisted on, and the impeach-
ment of that authority by her highest
judicial tribunal, especially when that
decision is in direct conflict with that
of the Supreme Court of the United
States, is seriously lamented and its re-
vocation is respectfully demanded.
COM MISSION MERCHANTS AND PLAN
TIERS.