St. Landry democrat., 1882-09-02
EXECUTIVE APPOINTMENT OF Pc.
LICE JURORS.

lEcI, Iu6 writer promised TO SHOW Lldt
The acts Of the Legislature under dis
cussion, are in cOntraventlon OF the ele-
mentary principles OF democracy and
the constitution.
Police jllries are subordinate branches
of the legislating power. They have
authority, ito make all such ordinances
as they may deem expedient,' for their
own government; relative to roads,
bridges, causeways, bikes, levees, and
other highways for clearing the bahks
at navigable streams to secure tree nav
igatlon thereon as to construction OF
fences and Enclosures; relative to
marking and branding cattle, and the
ranging at large of same relative to
police of taverns and houses OF pwbllc
entertainment and shops for retailing
liquor: to impose taxes on keepers of
billiard tables, grog shops, haWkers,
peddlars and trading boats; to de-
termine the quantum OF hnes
against such us transgress their
ordinances to levy taxes to detray the
expences of their respective parishes
besides many other important powers,
semi-legislative and semi-exec utlve,
which it is not necessary to enumerate.
The authority to levy taxes, is exclu-
sively and peculiarly a legislative func-
ton; and If police juries had but this
one attribute of a legislative body, it
would be enough to demons trate the
gross improperly Of executive inter
ference with the constitution of such.
bodies. The right of the people to
choose by election, the body that is to
tax them, is the corner stone OF the
American system of government. Our
ancestors declared that, taxation with
out representation is tyrany,' and with
that defiant declaration upon their lips
and in their hearts, they resorted to
arms and maintained a bloody seven
years struggle, resulting in the indie
pendence of the colonies. Our fore
fathers did not take up arms and en-
dure the hardships OF the. Revolution for
a mere sentiment. They demanded
representation in taxation, as an ina-
iienable right Of the people-a right
which neither parliament, king, prince
or potentate could take from them.
They put it in their Declaration OF In
dependence it is to be found inserted
in their bills of rights, in some form or
other, in all the States, and it has come
down to us through thousand historic,
traditional and common law channels,
1T is their reserved right, their sure and
only rock of defence against centrali
cation. Surely, a principle that cost
the expenditure of so much blood and
treasure, is worth preserving, in our day
and generation. Let us then guard it
jealousy, as did the Israelites the ark Of
the covenant; lest any man lay profane
bands upon it.
But, the preservation of this i'm
portant principle is not dependent
alone upon historic, or patriotic senti
ment. The people of these States have
Id al low
signing to each department OF govern
ment it's precise function, and by laying
prohibitions upon the several depart
ments, that neither one OF them shall
exercise function or power properly
belonging to another. In the constitu-
ton by which Louisiana is now gov
erned, adopted only three years ago, the
principle is more clearly and emphat
ically stated than ever before. The
Outrages done under the autOcratic
power exercised, by the republican gov
errors, made necessary, additional safe
guards. Hence, the following new and
more explicit declarations.
Art. "A. The powers OF government
OF the State of Louisiana shall be di-
yided into three distinct departments,
and each of them be confded to sepa-
rate body of magistry to-wit: Those
which are legislative to one, those
which are executive to another, and
those which are judicial to another.
Art. Is. No one of these departments,
holding office in one of them shall exer-
else power properly belonging to either
of the others, except in the instances
hereinafter expressly directed or per-
mitted.
These two sections contain concise
statement of the fundamental principle
of our government, State and national
The function of making laws is con-
tided to one body of magistracy, the
duty OF enforcing them to another, and
neither can exercise power belonging
to the other without usurpation. The
powers given to the governor must be
exercised by him he cannot delegate
them to either coordinate branch. The
legislature may delegate portion of
its power to subordinate municipal cor
porations, such as police juries, but it
cannot delegate to the executive the
right to appoint police jurors. Any
attempt to give him such power, is
ions of the constitution. How is it
possible to preserve the legislative
branch, as "a distinct department.
a separate body of magistracy,m if tie
Gorernor is to appoint the legislators ?
And what is the difference in principle,
between his appointment of police ju-
Tors, and the appointment by him of
Senators and members of the House
The power to appoint the legislators, is
equivalent to the power to make the
laws. In this country, we elect directly
the men who are to make our laws. 1t
is in that sense that the people are said
TO make their own laws-to govern
themselves. A aw-making power APP
po.. Ted otherwise than directly by the
people, is centralized despotism. It
America, and wherever found, it is a
tut gus growth springing out of rotten