Louisiana Reports Volume 56; Cases Argued and Determined in the Supreme Court of Louisiana

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Louisiana Reports Volume 56; Cases Argued and Determined in the Supreme Court of Louisiana

Louisiana Reports Volume 56; Cases Argued and Determined in the Supreme Court of Louisiana. Louisiana Supreme Court

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Author: Louisiana Supreme Court
Number of Pages: 514 pages
Published Date: 19 May 2012
Publisher: Not Avail
Publication Country: Miami Fl, United States
Language: English
ISBN: 9781236225351
File size: 47 Mb
Download Link: Louisiana Reports Volume 56; Cases Argued and Determined in the Supreme Court of Louisiana
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1851 Excerpt: ... New Constitution in matters of exemption." The court may have observed, that a large portion of the argument presented by the brief of plaintiff's counsel in this case, rests upon the distinction between a privilege and an exemption. Now we had always thought that an exemption from the burthen of taxation was but a privilege, and generally that a special exemption from any onerous charge was nothing more nor less than a special privilege. Indeed, the very definition of an exemption, as given by Bouvier and Municipalitt other law dictionary makers, is "a privilege which dispenses," Ice., and we cannot "-Out. perceive that the distinction attempted to be established really exists. Louisiana Bat, in answer to the question propounded, we say emphatically, yes! The State Bank. Constitution of the United States declares, that no State shall puss any law impairing the obligation of a contract; and any law of the State of Louisiana, then, made either by the Legislature of the State, or by delegates of the people in convention, which contravenes the provisions of the Constitution of the United States is null and void. This case, however, presents really no question involving a conflict between the Constitution of the United States and that of Louisiana, and none between the present Constitution and the act of 1818, passed under the Old Constitution. Art. 142 of the New Constitution secures and continues in force all rights, claims and contracts, as well of individuals as of bodies corporate, which existed previous to its adoption, and which are not inconsistent with it. The Louisiana State Bank, under the law and Old Constitution, had the right to exercise the corporate powers free of taxation. Is there anything in the New Constitution abrogatin...

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