Year: 1868

~ grants an exclusive privilege 10 THESE par
ties-Messrs. William j. Taylor and Milton


from the date of the passage of this


act. Now, Mr.. President, if these scales


were something new--if these gentlemen


were producing and bringing out new in


vention for the general good of the people


they would have some just ground fer asking


for this exclusive monopoly; and in such


case 1t might be very proper and just for


this Legislature to grant their request.


But this is not the case; for scales such as


these men propose to erect have been in


use, to my knowledge, fifteen or twenty


years. have seen them in operation many


years ago. They are no new invention, for


the use of which these men are asking pro-


lection. Now sir, without any corporation


In the matter at all-without any special


grant of exclusive privilege-any citizen


has the right to put up these platform


scales, and if he will weigh for one half


what other citizens weigh for, he will get


the custom without any Incorporation. But


when you incorporate Mr.. Taylor and


others, and give them the exclusive privi-


lege for ten years, you thereby exclude


every other person in the State from using


these scales, the invention of which


does not belong to them any more than


it belongs to me. 1t is au old invention,


and if we pass this law, if these men do not


think proper to put up and use these scales


throughout the State of Louisiana, there is


nothing in this law that will compel them


to do it. 1t only gives them the power and


the exclusive right, so that if any one else


should want to put up such scales, they


must so TO these men, who will have the ex-


elusive right, in order to get the privilege.


/ don't believe in such monopolies at all.


Mr.. Ray: If the Senator will allow me,


will call his attention to the third section of
the bill, which distinctly provides that it is


int ft..I h,y4 10 NJ to,
interfere with weighing as now practiced in
the city OF New Orleans or other parts of
the State, nor to prevent any person or cor
poration from providing their own scales in
any shape they please for the weighing of
such articles as pertains to their business,
provided their business is not that of public


weighers in the sense in which this act
grants the exclusive right.


MIR. Lewis: Yes, the manner of weighing
now in operation. These men are asking
for a corporation to do all the weighing
throughout the State of Louisiana.


But does this act propose to compel these
men to put these scales in anJ part of New
Orleans or in any part of the State, if they
don't chose to do so No, sir. 1t only gives
them the privilege If they don't chose 10
exercise this privilege there is no lawN COM
peling them to do 1t. But sir. if any cther
person should think proper to put ap plat.
form scales for the purpose of REDUCING the
price OF weighing, to enable thesn 10 do it,
in New Orleans or anywhsre Else where
these men do not think pFopeE e DO it them
selves, they must go to these men and buy
the right. 1t is unjust and uffair. 1t is
monopoly from which Nd good can arise.
Therefore, movelto Indefinitely postpone
the bill


Mr.. Bacon: desire 10 BAY few words
upon the bill.


Mr.. Lewis: / will withdraw the motion to
l,l t,1,, a,
1t shall be renewed


MIR. Bacon: in great measure agree
with the remarks of Senator Lewis. think
the Sill is not plain at all in showing that
which the Senator from 0uachita says
will be its effect. Though it gives these
parties the exclusive privilege OF weighing
upon scales having ten tons draft or more
it does not afford any mesAls of compelling
them to provide any means of Weighing
anywhere. 1t is a dangerous bill in this:
that though it gives these two gentlemen
the exclusive privilege of erecting such
scales, clearly aud distinctly, and OF weigh.
ing for hire upon them for the period of ten
years, it does not compel them 10 put up
scales where parties may need them, and
where they fail to put up scales, it does
not authorize Others to put them up, but
excludes them from doing it. If these gen
tlemen are granted this privilege for the
benefit of commerce in New Orleans and
they erect platform scales above Canal
street, and the people below Espanade
street. having comperce and wanting scales
there for their commerce, they could not pro-
ceed to have such scales put up there, but
iheywould be compelled to travel all the way
up to P0ydrAs street or in that neighborhood,
TO have their weighing d ne, in all cases ex-
cept of individuals owning scales, VINO, by
this bill, would be graciously permitted
10 do their own weighing. Now, sir, if the
bill can be so altered that where these par.
ties do not undertake to set up scale; for in
stance, in the town of Monroe in the parish
OF the Senator from 0uachita, if they fail to
put up such scale for the accommodation
of those whe bring produce to that market
The Senator himself, or any body who may
see lit could set up such scale until these
men come there TO put up one. Then, sir, it
would, in my judgment, be right and prop II
70 us to pass This bill so far as that is con.
erned. But, as it is now, no one else
could put up such scale there or any
where else in the State, because these men
have the exclusive privilege throughout the
State, and II they should not choose to set
up scale the people would have to do
without. 1t is true, party might set up
one for his own individual benefit if he
could afford it, but not tor the benefit of the
public. Now, it prohibits everybody else
from weighing in that manner, but if it
should read that ii is not in any manner
intended by this act to interfere with weigh
ing any where, as now practised in New
Orleans and other parts of this State, then,
slr, It Will substantially say that people can
weigh with other scales ar they see TT.


But have my doubts whether we could
pass this bill aud not interfere with other |
peoples rights in setting up scales of this |
kind. II these are scales tor which patent |
rights have been granted by the United
states, and which the patentees have the
right to sell, perhapsi it will be supposed that |
We are interfering with their rights in limit. |
ing the number Of the scales SO used and |
granting monopoly in the use of them, If |
we can have proviso Of this kind attached |
to the bill-a provlso that will permit other |
parties to set up these scales where these
parties neglect to do SOL could support it. |
because, then, think there would be safe, |
guard enough to prevent any undue ad |
vantage bsing taken of it. ] would there. |
fore, add at the end of the first section these |
words; :" Provided. that whore these>parties |
refuse or neglect to put up such scales other |
parties shall be permitted to do son


With such provls0 as that, which will
permit other persons to set up such scales If
these parties DO not, shall supper. the bill,
and think that the Senator from Natchi.
toches, upon looking into the matter will
agree to such an amendment, and will then
favor the bill, as his objections are based on |
the same grounds as those we have pres,
sented.


Mr.. Lewis: hold that any man in the |
State Of Louisiana has the right, in any con
venient place, to have aud use this kind of
scales, either for his own accommodation,
or for the accommodation of the public. |
They have been in existence twenty wears |
or more; they are no new thing. ANY per |
son who sees fit TO incur the expense can |
erect them in New Orleans, or s1v where |
else throughout the State, if it is to their in.