Page images
PDF
EPUB

vided for in said contracts in accordance with the terms and under the conditions set forth in said contracts.

The article, as given, is the amended article proposed by Act 56, 1902, p. 79, and adopted at the election in November, 1902. [Subjects on Which General Assembly Is Without Power to

Pass Special or Local Laws.] Art. 48. The General Assembly shall not pass any local or special law on the following specified subjects:

A special statute enacted before the Const. of 1879 is not rendered unconstitutional, though it come within the inhibition of the Constitution. The latter cannot be given this retrospective effect. Pecot vs. Police Jury, 41 An. 707.

§ 1. For the opening and conducting of elections, or fixing or changing the place of voting.

§ 2. Changing the names of persons.
§ 3. Changing the venue in civil or criminal cases.

§ 4. Authorizing the laying out, opening, closing, altering or maintaining roads, highways, streets or alleys, or relating to ferries and bridges, or incorporating bridge or ferry com panies, except for the erection of bridges crossing streams which form boundaries between this and any other State.

$ 5. Authorizing the adoption or legitimation of children or the emancipation of minors.

Conis.., 1868, Art. 113, prohibiting the adoption of children by special act did not prohibit legitimation by such an act. Hughes vs. Murdock, 45 An. 935. (Note--Const., 1898, prohibits legitimation also.) § 6. Granting divorces.

Const., 1845, Title VI, Art. 117; Const., 1852, Title VI, Art. 114; Const., 1864, Title VII, Art. 117; Const., 1868, Title VI, Art. 113.

$7. Changing the law of descent or succession.

$ 8. Affecting the estates of minors or persons under disabilities.

§ 9. Remitting fines, penalties and forfeitures, or refunding moneys legally paid into the treasury.

$ 10. Authorizing the constructing of street passenger railroads in any incorporated town or city.

§ 11. Regulating labor, trade, manufacturing or agriculture.

Act 147, 1888, providing for the inspection, etc., of coal does not violate Art. 46, Const., 1879. State vs. Pittsburg & S. Coal Co., 41 An. 465.

§ 12. Creating corporations, or amending, renewing, extending or explaining the charters thereof; provided, this shall not apply to municipal corporations having a population of not less than twenty-five hundred inhabitants, or to the organization of levee districts and parishes.

Const., 1845, Title IV, Art. 123; Const., 1879, Art. 45.

Act 90, 1896, authorizing the issue of bonds, etc., by the town of Lafayette does not violate Art. 48, Sec. 12, Const., 1898. State vs. Catfery, 49 An, 1152.

An act of the legislature relating to the charter of a municipal corporation containing not less than 2,500 inhabitants does not violate Art. 48, Sec. 12, Const., 1898. State ex rel. Fortier vs. Capdevielle, 104 La. 561.

Act 70, 1896, creating the Port Commission for the Port of the City of New Orleans, does not create a corporation within the inhibition of the Constitution of 1898, Art. 48, Sec. 12. Duffy vs. City of New Orleans, 49 An. 114.

Act 114, 1896, creating the Drainage Commmission for the City of New Orleans, does not violate the prohibition of the Constitution as to the creation of corporations by special act. State vs. Fowler, 49 An. 1199.

Act 41, 1900, exempting the town of Washington from the payment of parochial licenses, etc., is unconstitutional and void, as the town has less than 2,500 inhabitants. There is no conflict between Acts 48 and 229 of the Const. Swords vs. Baillio, 105 La. 328.

Act 134, 1888, which provides for the appointment of an inspector to inspect cattle intended for food, and fixes his fees, is not unconstitutional, because it amends an act embodying the charter of a corporation. The amendment is immaterial and the act valid, if the amendment is stricken out. State vs. People's Slaughterhouse and Ref. Co., 46 An. 1031.

$ 13. Granting to any corporation, association, or individual any special or exclusive right, privilege or immunity. Const., 1845, Title VI, Art. 126; Const., 1879, Art. 45.

act of the legislature giving a certain individual the right to sue the State does not grant any special right or privilege, as it adds nothing to his rights. Carter ve State, 49 An. 1987.

Act 41, 1894, authorizing guarantee insurance company upon compliance with its provisions to become surety on legal bonds, etc., does not grant a special privilege. Holmes vs. Tennessee C. I. & R. Co., 49 An. 1465.

This paragraph hay reference only to a private corporation and is not applicable to municipal corporations. State vs. Caffery, 49 An. 1152.

$ 14. Extending the time for the assessment or collection of taxes, or for the relief of any assessor or collector of taxes from the performance of his official duties, or of his sureties from liability; nor shall any such law or ordinance be passed by any political corporation of this State.

See Act 59, 1884. Postponement of collection of taxes in case of orerflow, etc., printed at p. 1598. See Const., 1898, Art. 237.

§ 15. Regulating the practice or jurisdiction of any court, or changing the rules of evidence in any judicial proceeding or inquiry before courts, or providing or changing methods for the collection of debts or the enforcement of judgments, or prescribing the effects of judicial sales.

Act 45, 1880, establishing city courts for the city of New Orleans, is not local or special legislation within the meaning of Art. 46, Const., 1879. State vs. Judge Third City Court, 39 An. 889.

§ 16. Exempting property from taxation. § 17. Fixing the rate of interest.

This does not apply to the regulation of interest on license taxes, which may be imposed by a municipal corporation. City of New Orleans vs. Firemens Ins. Co., 41 An. 1142.

$ 18. Concerning any civil or criminal actions.

§ 19. Giving effect to informal or invalid wills or deeds, or to any illegal disposition of property.

§ 20. Regulating the management of public schools, the building or repairing of schoolhouses, and the raising of money for such purposes.

§ 21. Legalizing the unauthorized or invalid acts of any officer, servant, or agent of the State, or of any parish or municipality thereof.

Const., 1879, Arts. 45-46.

Att 49, 1894, reg ng the practice of medicine, is not a special law within the meaning of the Constitution. Allopathic State Board of Medical Examiners vs. Fowler, 50 An. 1358. Nor is Act 70, 1896, creating a port commission for the port of New Orleans. Duffy vs. City of New Orleans, 49 An. 114.

Act 180, 1894, giving workmen, etc., special rights against the owner of buildingę which they assisted in erecting, etc., when the contract is for over $1,000 and a bond is not taken, etc., is not a special or local law, though applica. ble only to cities and towns of oyer 10,000 inhabitants. See Keon vs. Sumner B. & S. Co., 51 An. 1961.

The legislature of a State may do everything not prohibited by the State (and Federal Constitution and laws) Constitution. Prohibitions on legislative authority will not be enlarged beyond their terms. Hughes vs. Murdock, 45 An. 935.

[Nor To Do So Indirectly-May, However, Repeal Them.]

[How Permitted Local or Special Laws May Be Passed.]

Art. 50. No local or special law shall be passed on any subject not enumerated in Article 48 of this Constitution, unless notice of the intention to apply therefor shall have been published, without cost to the State, in the locality where the matter or thing to be affected may be situated, which notice shall state the substance of the contemplated law, and shall be published at least thirty days prior to the introduction into the General Assembly of such bill, and in the same manner provided by law for the advertisement of judicial sales. The evidence of such notice having been published, shall be exhibited in the General Assembly before such act shall be passed, and every such act shall contain a recital that such notice has been given.

Const., 1879, Art. 48.

Act 98, 1880, organizing the Criminal District Court, Parish of Orleans, z. not a local act requiring notice, etc. State vs. Murray, 47 An. 1424. An act of the legislature relating to the charter of a municipal corporation containing not less than 2,500 inhabitants does not require publication, etc. State ex rel. Fortier vs. Capdevielle, 104 La. 561.

The recital in a special act that notice of intention to apply for the passage was published as required by Const., Art. 48, 1879, cannot, in the absence of fraud be contradicted. State vs. Murray, 47 An. 1424.

Act 79, 1886, denoting the transfer of certain taxes from one treasury funl to another, is not a special or local law within the meaning of Art. 48, Const., 1879. Fisher vs. State, 39 An. 447.

Act 98, 1880, authorizing the appointment of Jury Commissioners in the Parish of Orleans, is not a local or special act, requiring notice of intention to apply for its paysage, etc. State vs. Crowley, 33 An. 782; State vs. Dalon, 35 An, 1142; State vs. Beeder, 44 An. 1007.

Art 44, 1886, establishing the Board of Commissioners for the Fifth Louisiana Levee District, with the necessary powers to protect the district from destructive floods, etc., and authorizing it to provide the necessary revenues, etc.

, is an act authorized by the express constitutional authority in Arts. 214, 215, Const., 1879, and so not subject to the provisions of Art. 48, though the object of the act be local in its character. Excelsior P. & T. Co. vs. Green, Tax Cor lector, et al., 39 An. 455, quoting Taxpayers vs. City, 33 An. 568; Davidson vs. Houston, 35 An. 492; State vs. Dalon, 35 An. 1142. [Laws Fixing Price of Manual Labor Prohibited.]

Art. 51. No law shall be passed fixing the price of manual labor.

Const., 1868, Title I, Art. II; Const., 1879, Art. 49.

[When Members May Not Vote on Pending Bills.]

Art. 52. Any member of the General Assembly who has a personal or private interest in any measure or bill proposed,

or pending before the General Assembly, shall disclose the fact to the House of which he is a member, and shall not vote thereon.

Const., 1879, Art. 50. [Appropriations of Money in Aid of Any Church, etc., or

Charitable Institution Prohibited-Exception.] Art. 53. No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect or denomination of religion, or in aid of any priest, preacher, minister or teacher thereof, as such, and no preference shall ever be given to, nor any discrimination made against, any church, sect or creed of religion, or any form of religious faith or worship; nor shall any appropriation be made for private, charitable or benevolent purposes to any person or community; provided, this shall not apply to the State Asylum for the Insane and State Institution for the Deaf and Dumb, and State Institution for the Instruction of the Blind, and the charity hospitals and public charitable institutions conducted under State authority.

Const., 1879, Art. 51. [Appointment of Assistants to Increase Expenses of Any

Office Prohibited.] Art. 54. The General Assembly shall have no power to increase the expenses of any office by appointing assistant officials.

Const., 1879, Art. 52. [General Appropriation Bill Must Be Itemized – What They

Shall Embrace-Appropriations for Other Purposes

How Made.] Art. 55. The general appropriation bill shall embrace nothing but appropriations for the ordinary expenses of the government, interest on the public debt, public schools and public charities; and such bill shall be so itemized as to show for what account each and every appropriation shall be made. All other appropriations shall be made by separate bills, each embracing but one object.

Const., 1879, Art. 53.
Const., 1898, Art. 77. Governor may veto single items of appropriation bills.
Act 51, 1888, which makes appropriations to pay the deficiency due by the .

« PreviousContinue »