The weekly Thibodaux sentinel and journal of the 8th Senatorial District. [volume] (Thibodaux, Lna. [i.e. La.]) 1875-1898, 1893-04-08

III tic case cltcu. the act aSSalitU
was one dividing the cities of Penu-
SNlvauia into classes, aud made cities
! of the first class those which contain
ed over 500 900 inhabitants. 1t was
| contended that inasmuch as only
Philadelphia contained over 800 900,
it was special and local legislation by
indirection in favor Of said city. in
violation of the constitutional prohl-
bition, but the court held the point
not we'll taken and upheld the coz
stitutionallty of the law.
In the case of Henderson. already
| cited. our own Supreme Court reco.
nizes The principle that subjects of
| e neral legislation necessarily admit
of classification.
1t has been argued tiat because the
statute contains provl>os, excepting
| certain members of the class concern
| ing Which 1t undertakes to legisllte.
it thereby becomes local or special
law; for, applying the ye7actio dd Gb-
srrdum, ifyou may except oEe parish
from the class, you ma except all
but one. and thereby accomplish in
directly that which is forbidden to be
done directly.
It must be acknowledged that there
is much force in this argument, al
| Though is legitimate consequence
| would be to forbid to the Legislature
the exercise D: the undoubted right to
| insert provsos or exceptions in gen
| eral law. The constitution no where
lays this inhibition upon the legisla-
tnre. 1t simply prohibits the passage
| of local or special laws on certain sub
jects altogether, and on other sub
.jects with the observance of certain
conditlons precedent, and the indirect
enactment of such laws by the partial
| lepeal OF ii general law with Il view of
elactln9 local or special law seems
to me to refer er III teeminorum to a
general law, already in force.
1t seems to me that the true rule to
follow in the construction of general
statute, with provisos or exceptions,
| is, when from the context the evident
intent appears to have been to evade
the constitutional prohibition, and to
do by indirection what could not be
done directly, the statute should. be
stricken with nullity but not other
wise.
But, be that as it may, if for consti-
tntional reasons the provisos are as
though not writton, they play 10 fur
ther part in this discussion, and do
not affect the character of the law.
Stripped Of its provisos there is no
doubt at all that the law is not a local
or special law in the constitutional
sense aud therefore it violates none of
the articles cited.
Nor can it be conceived how it can
violate article 49, since it does not
purport to fix or regulate the price of
labor.
1t remains now to consider lst the
objection raised 10y the deft ndant
THAT there is no law under which the
indictment herein preferred against
HIM can be based that the said in
dlctment states no offense against the
laws of the State of 'Louisiani:" End,
THAT it violates tha It'll Amendment OF
the Federal Constitution and Articles
s ani 3 Of the State CONSTITUTIONS.
| have reserved these points for last
because they present the most serious
difficulty in the way OF the prosecution
herein and they are SO Intimately con
nectei and interviewer as to form but
one real objection; for 1t is manifest
that If the indictment states no of
f>use against the laws of the State, to
continue the prosecution might re-
sull in depriving the defendant of his
| liberty and property without due pro
cess of law.
| This would be violative of the 14tll
Amendment and of artlcles 8 and s oi
ngr Constitution Judge Cooley says
I t}1,t it is difficult to define with pre-
c.1nn tGe exact meaning and scope of
Ja,. u,aSe .'tluc process OF law"
Amy definition which could he given
would probably fail % comprehend AL
the cases To which it would apply.
The Supreme Court of the United
States recognizes the difficulty and in
Davi lson VS.. Board Of Admrs. of New
G.l"ans, Justice Miller. as the organ
of the Court, laid down the rule that
il WAS wiser to leave it to be evolved
''hv the gradual process of judicial in
clu~inn and exclusion, rs the cases
Presented for decision shall require
"ith tie reasoning ON which such de-
c.~ions may be founded Cooley on
CnnSt. Lin. 800.
The words ''aue process of law
mean, III each particular case such IN
eNcrtion of the powers of government
rs The settled maXims of the law per
nit and sanction, and under such safe
guards for the protection of iudivid
nal nights as these maxlms prescribe
for the classes of cases to which the
oi,e in question belongs. AS applied
Il judicial proceedings. they mean Il