The New Orleans daily Democrat. [volume], March 20, 1877, Image 7

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tb. A di ae .aasrS.bmrft
`, IPý A4 of Thelr tenet aM wl ad ý ir.
S gtt 8 M A4 M AM d M IM $ U9 aLglot1lQ . OATS Of A oiPOLM,. OATs 01 oSpO.IYA.
* et milld a set te uat tedag tW,
amrib.wo the 4
ON 3epreNeattivsad to estoe. at
ale coe hundred and three of the eeeiten
rn. .L November , 1872, to coneti.
am d of a. aeears, ,sad to a wt.or
Sere beard to eav as ae o make t retrn of
thevtee oe as the recent eleetion, and to
authorize contest for omoe tI ertain eas.. J!ausry 8. 1877....... IJanury 9,1877.
SL. et to o tunorie the Precident of the th-mate
ste and the rBlkat of the Houn of Rtepr
sutves to Ue hese m l res tod for m.nU
paid to them. not to exceed , 00 o a t o
mak the atdv tol here receivable io payment
of I .es es au d the general tfund t celleeti.
hi e tl ar 177.. ................... ... Janua i, 1877....... January 12,1877.
g t. to Mathtort the Board of Admthe ttor
of tie Ine Asylam of the 8tate of Lolsi
es to borrow money on their reState fowarrant
or e to the same, and to 2Uthorize the re
elpt of thed etste warraeit forte tes and
license, anti to sthorise the Lieutenant
Goveruor and the Speaker of the oiuse ol
Itepres ettives to ientI y the me......... anuary 2011, 1877...... anuary 12, 1877.
at mcnh thereof Oa mey be necemtary, f o
the payment of the thilege and per daem o0
the bembers, to foeri the employee of tbe
General Anoembly and the ontihngent ex.
pee thereof ........ .....to Ide the s........... January 17, 1877...... Janary 29, 1877.
g, As set to mend and reent setion 182of the of th
evised stlthes reof the of Lo iana ebruary 2,1877 .... ebary , 1877.
SJint reesoltion asking aid of the National Gov.
ernueeut to rebuild and repair the levees in
the tte ....... ............... ... .... ebruay 8, 1877 . '.. February 8. 1877.
7.An acet sathorizing notarles public to admini'ter
oaths and take acknowledgments of deeds.. February 8, 1877 .... February 8, 1877.
a , n act to Inoerporate the town of Ouaebita City,
in the perish of Union to provide for the
eleetton of Mayor and bounoilmen, to desfn
their douties sud to provide for the govern
ment of the same........................ February 14, 1877..... February 16, 1877.
g., An set to previate for the better management of
the eharitable institutions of the Btate, ant
for ertaln penalties ........................ February 19, 1877..... February 21, 1877.
16 AL sact making the warrant l.eund for the salary
of all eonstitutional offilers receivable fot
tazes and lloensei due and fayable it the
same year to the general fond of the State.. February,19, 1877..... February 20, 1877.
1.. A act to amend section 8U1 of the levieed Bita
utes of the Matte of L.uitlana, In relation It
bondr of ofloerp. Approved March 14, 1870. February 19, 1877.... february 20 1877.
... Aset l~fAve to the princlpal and aureles on
o.ol bamde............................ ebrutry 19,1877.. February 20, 1877.
S., A sat to provide for eupplyla fbe loe of public
reoords and ether paper. econmmed by the
burninge of the Court-ious in theomarl.. of
lvg top.cn the night f the 14th day irLo
Oc wýt ý6.0.......... ............... . 28, 177....Februaryt, 187
1bto t M of l er fS as Bloeb. h.w .th
.c..d..ur.......................... 2ebr41 S7, 7l...... , 1 .
s., As set to amod S d naot the seot ottld An
lacS to em thend a a ath i lone Moe 8p,
i aeM t of thes a.br5ore S, tgno...t. eruar , 1fd1.
tawa y w ith oussec eary in t aeSole apenby i n
t dhsor clor*t l b r te appirs*o
Marh.o i Io................. .. ebruary 54,1877..... Febrmary 27, 1877.
tioNnames flag dedayf appeal.t frotha
urteor4 othe pariah of Tangip Se the One
rett. Cort t.... ........ . ...... February 2, 1877....February 27, 1877.
17.. Au set lt'or prffor the alaryý or eam.
Posta"4 tobepaid to the otr k fthela.
Criminal Courta for the arish of Or.
Ith cad the deputy and aes hont clerks
the.ret apd the e of payment thereof... February 2, 18y , 1877.....
uty rerbeof said court and to provide fhor
the payment of the aIdclarke and t dee t. February 28, 1877.... February 27, 1877.
fmale or aeglected so bead . eb ru..
As, taot to prvide for the Proalgatlnof laws
whe. tr e b Gov.ernor ao fa led, or o ll fail
to retn the ame, required by article 6
of the C(ou utin, ae ti a whelu, alter
recal the Governor, the erolled opy hs
been lost or niala id r for ay reamro not
bes returned ; and 1o provide for the selin.
lug by the Preident of the Senate and Speak
er of the Hoeae, of duplicate enrolled copeis
of e1, elaw................................. F.ebrur l, 1877 .... Febrauary 27, 1877.
1.L. Au Ot relatsve to insurance oompnoiee not ioeor
posrted by the law of thitr hte, and re
qaring them to appoint ageten, on whom 1h
ap poreess may bd sorved, and providing
pen tlie for a violation of the provl.eon
thereof ...................... .... Fbrary 21, 1877.... February 27, 1877.
An'.. A t relative to the charter of the L outeisna
Equitable Life Insurance Company, and to
ontnue the ame in lorce......, ...........ebruary 2, 1877 ... February 28, 1877.
8.. An1 act to remit penalte on delinqueno t taxes ir
ertain case. ................................ arch 1, 1877 .......- 9arch 2, 1877.
. A st to authorize and reqire the city of New
Orleans to receive oert.ofates leaned Qsine
the Qt of January, 1877, and the to be s.
rued by 'he Board of Metropolitan Police in
pryment oa the ealarles and exgipnea of the
etropoattan police, not to erdeed the rum
of forty-five thousand dollars, In payment of
the tat levied for police purposes for the cur
rent year ............. ........ ... March 1, 1877 ....... SMarch 2, 1877.
U a..e An t to amend and re-enact section 1419 of the
BNevits. d statute of Lmisiana, and to author.
Ise candidates for Seta eoffices to contest be
fore the eourts the election of their oppo.
neo ts .........r...c.. .............. March 1, 1877 ....... March 2, 1877.
SA act to athorize the Governor to employ a
Private Secretary and Measenger and Porter,
to fi their eatrites, to provide for tad regu
late the clerical force in the offices of th,
Secretary of State, Attorney General, Auditot
of Public Aounnt. late Trea, urer and
eiatter of the Land Ofce; to fix their o sa.
rel; to fix the calarles of the Librarian and
and Jtoltant Librarian; to provide the time
and manner of paying all of said salerlee; 14
repeal setion two thousand nine hundred
d tw enty.'ounr of the Revied BSatrtes of
eLkteen bundred:and seventy, ad tJ repeal
alt lawei cnflict rwih thic a.t.......... Marrch , 187. ........ IMarch 7, 1877.
SA at for the relief of Mr Juhs o Melredith,
the widow of Hon. Thoaue ]. Meredith .... Maoh 5,1877......... March 7, 1877.
.. at o reguate t time of holding the Parisr
Cort In the pirah of Jefferson ......... March 8,1871....... a . rch 7, 1877.
3 Au t to anex otrtain territory of L5 coln pr
. tk tthe perish of Jackson, with proviso; to
Srovide art rediviaion of Jae eon pariseh
suLetni. 5i the eocrie ofI~eoto puaih,
and top rit ertain persons to msot the
parih of Macit domicile ................... Iarh 5, 1877.....M....aLrch 7, 1877.
. nat to me and re enaot eetlo.240 of the
. 8.. . ltk.... . ........... ...... Mareh8,1877......... March 9, 1877.
51,, aot saie. a at t repeal an at p rov m ird
" for the pa nt of the militia or polioe for
alled ott tonppre. ote r tor poblit die.
turaces, or to enforoe the law., by the
palrahee in which ervicee are renderedl and
the mode . d mannr of levyki g a d collet
in Bg thet.. thirefor, ad for unti agalnrr
the pari, apprved 18th Augst, 1874 ... Marh 8, 1877........ I h 9, 1877.
ate to repeald seotioas 8rM1, 812 8458, 8454,
846, 1e48, 84*', 848. 8469 of the Beval*
ttatttes of 1870, ad the art No. 40, approved
.bseary n , 1869v .................. . ah 9, 187.
ru.ac Apiltheg . i7leage to be ptaid member
o e the oG eral Aarmbly, whe an exdr.
ppluc eir oaUed prior to the adjournment of
th pU o.tr ceem.on.... c...... rh 8, 1877........ March 9, 18 7.
jtn g nI natruct the loral anthotilec orf n
eace of d1. Bernard to removte back to lb
lel courthouse of Mid parish. on BaLou
Terreux-Bc0uf, the parish aid court re
oards, fl ca roand furniture; to roeat . an arc
en iled 'An act to provede for tie romoval ( i
the seat of Jeulor of the ptrish of rt. 11cr.
nerd and redivile sa.id parich ino warde'
oporved Aprfl 14, i1874, nd trr, aUrltonzo th
,a , jrry of raid pariah, f suetainrd iy tt I
plopuler voto, to change the ecat of jutico o1
saed H.is? ... . ......................... March 8, 18;7........ M arch 9, 18 7.
85.. t et niol d, an aot in relation to recuatiom, (,i
juJges axd i strict attorneys in criorin.i
Osaee aid to anenjd and re-rnct section 181;
of the ilevised Blatutee of the bltat of Lou
hiana, approved Marcbl 14 1870........... laroh 8, 187?....V....aroc 160 187!.
.An st otitled an act to chane the time of ho d
tug the term of the Dietrict Court in thl
pariahe. of tabine and Bed River, and to fiL
r .r nm day for appeals from the parish ..
, a4 ... oa cod stea*dblpOomlpmy; t.
extdite the eta o., natuwica aw
d .t..te. ,
Is tn tsq ottU hr ott *to ad;
to l; toea
en' , d to '....a.
to enretea of oc! ir toe
doeli Teftts d nd epth ' i sme dl
yde fo th erairil b!y v en ls
ctnr the samtby ionlte; nand to Iovest
sich aorgsnised o lee, with dertain right, I
and powers sad to pmb on them eta. o
dutie ...s .. .. 8............... Mck 77........ 10, 7, 187
tog or tInte retlng r. ilroad ommpanies; to
e.btUglh the foZrms under which the .am.
may be effected; to authorie such neoli
dated companietoissue bonds to ssue bonds and to secure
the same by mortgage, and to enumerate
and confer certain powers on such consoli.
dated ompies............................ March 8, 1877........ March 10, 1877.
40. An sat a ding ad re-enacting section 8773 of
the tevised tatutei ; defining the duties of
the State Treasurer; definaing and providing
for the punishmeet of the violations of this
act, andrepealing all laws in conflicot there
with ............................ ........ March 8,1877 ....... Marsh 9, 1871.
41.. An act to authorize the Police Jry of the parish
of Linol to levy a special tax in said parish
for an amount suffiolent to build a parish ail March 8,1877 ........ March 10,1877.
42. An act to incorporate Eiempt 8ooiety lMeohamnWs'
Fire Company No. 0 ... ... March 8, 1877 ........ March 11, 1877.
43.. An t to create an additional Justice of thePeace
and Constable in the fourth ward of the par
ish of Natchitoches, to be located at -als.
River in said parish, to define its jrrisdiction
and to prorvin for the elecdon of the same
and to prescribe the mano r of filling the
same .................................... March 8, 1877 .. ... March 11, 1877.
44. An act relative to Juries in and .r the 8tate of
LoiAnlnaa, the parish of Orleans excepted;
to determine the qalifelotione of jurors; to
each parish; to prescribe the manner of
procurnng a general ventre and ofr drawing
jurie; to give certain discretionary powers
to the District Judge; to provide for the sum
morning of jurorr; to oompel their stte ndance;;
fir their compensation; taxing jury costs in
certain cases......... ............. M.arch 8, 1877... M.. March 11, 1877.
45.. An act to amend aid re-enact article 3271 of the
Revised Civil Cods of the State of Louisiana. March 9, 1877......... March 11, 1877.
46 An act to confer additional powers upon the Jus
tice of the Peace of te parish of tt. I andry.. March 9, 1877 ......... March 11, 1877.
47.. An st relative to the transfer of stick, and t(
amend and re-enact seotion 318 of the Resi
vised St.sutes of the State of Loutistna...... March 10, 187 ........ March 11, 1877.
48.. An act to exclude certain lands from the drainage
limits as heretofore established; to eaneel This bill became a
liens and judgments for drsinage of said law without the
lands, and to repeal certin laws relative to esigntuer of the
drainage of the parishes of Orleans ad iovern,b al
Jefferson ....... ..............Mar....h 14, 1877.
49.. AYset relaive to the itte Printer, to the o1,eial
eurnal of the State and to the publi ont
ing to regulate and dene the prices ub.
1I cprintng snd to preseithe nS meaner in
Is a to m sat#me s al bef demu; to rel ate
judetil posee# t or In sw etr ea nd opr
asdt~ lJ altl t ,; regulat un IpeI
t ehreor; mamMoner r an tro pr.'l as
wlehi o a oM s Sll be made by polile
-j and a to rporations for public
t M ........... ................. 12,1877....... . ;h,1877.
118..m A t to. Mttuoriee th Auditor of ublUe A.
eunie to acept and aporove tthe bonds of
State Tax Ooleotors; andto repeal tall laws
s bondsto be approved by a March 12,1877 ....... Marh 14, 1877.
61.. An act to Create two additional Juteies of the
peac wards in Avoyslie parih, and renum
ber'g the same, and giving Sitxth and 6Se
enth Wards concurrent jrislotion In the
parish of Avoyelle.........................March 12,1877....... March 14, 1877.
62.. An act amending section nineteen hundred and
twenty-nine of the IteviMd Statutes, and
changing the term of the Slgth Jdicial Die.
trist Court, in and for the perish of it.
Hele ........ MarehI 1 .............. Marh 1,1877.
58.. A sat to create an additional justlee of the
for the Third Ward of the paris of
to ............. ................ March 12,1877........ Marh 14,1877.
64.. An to repeal sedion one hundred and four
teen of the BeoviLd Stsuates of the btet of
.Lo.eisia ......... ... .. March 12,1877........ Moarch 14, 1877.
5.. An ase to authortze the receipt for bkat tMaxes
due the general fund of the warrants issued
in payment of the salaries of the constrtan
tional ooers of the rtate for the years in
which such salaries were due and payable... March 12,1877........ March 14, 1877.
58.. An act to amend and re-enact section five of an
act entitled an set creating a Superior Criml
nal Court for the parish of Orleans; defining
the Jurisdiction thereof; providing for a
judge and clerk of the same and defnins
their duties and powers; restricting and re
gulating the jurisdiction of the First Destrieot
Court for the parish of Orleans; providing
for jury commissioners, and the manner off
drawing and seleeting grand ard petit jurome
for the civil a·d criminal courts, and for the
detaining of witnesses in crimmnal eases In
said parisb; deflning the crime and punish.
merit of grand and petit larceny ln this Staie,
and providing for the place of holding the
sessions of the court, and for the recesation,
or absence, or Inability to act iof the judge,
approved April 9, 1874, and to repeal st laws
and parts of laws in confillt herewith........ March 12, 1877...... March It, 1877.
57.. An act to authorize the acity of New Orleans to fThis bill became a
Issue premium bonds, on conditions specif d, i law without the
in exchange for certain bonds heretofore signature of the
isned amnd pledged to pay juadgment ren- I Olrenos, by hei
dered against ad ity. ............... I tation of time..... March 14, 177.
88.. An act to enforce effectually the constitutiona I
amendments proposed Januarytwenty.fourth,
eighteen hundred and seventy-four, ratifiedl
at the genral election held on the 24 of No
vember, eighteen hundred and seventy-four,,
relative to the State debt aud the funding
thereof; to protect the itlereste of the Btate,
and the hlders of the bonds, Isseed by
virtue of said amendments; and for that pu-i
pose to ameod and re-enact eM at entitled
"An atto provide for fndmig oblglations of
the State by exchange for bonds; to provide
for prcicial and interest of said bonds, to as
tablish a Board of Liqauidatiton; to atehorize
certain Judio.ial proceeedings sagsast it: tol
define t~d punlan violations of this act; to
prevent certain officers divertlSog fends, ex
cept as provided by law, and to puimahh
vIolations therefor; to levy a continuing tax,
and provide a continuing appropriation for
said bonds; to make a mcontract tbetween the
Stste and holders of sald bonds; to prohibit
Iojnn Dtions in certain caes; to limit the io
debtednass of the tate arid to limit 8tate
taxes; to annal certain grants of BState aid; to
prohbilt the medification, novation or exten
sion of shy contract heretofore made for
State aid; to provide for the receipt of cer
tain warrants foreirlain txes, sad to r lpeml
all conflicting lates, being 'Act No. 8,'p
proved twenty-fodI of Jlanary, eighteen
hundred and ~avs-t ur; to reste a FPio
Agent and to define tLo duties of said agent;
to prescribe and define the dUties and pow.
era of the Board of liquldatton, of the rtate
ireesurer and the Auditor of Public Ac-'
counts; and making certain speesfic sppro-i
prittions................................. . arob, 12, 187....... IarIeh 15,18'77
59..Conurrent resolution instructing our Bepresent
atlvs in Congres to support the Texas anc
Ptolfi Railroad bill, askin for the subsidies i
of the United States government; provided, i
the New Orleans PacirtieBadlway be made the;
subsidized branch to connect New Orleans
with Shreveport and Marhall, anrd that the
North Louitslana Bailroad be made the subsi
dized branch to ce.nnect Vickeborg, in Mis
sissippi, with the Texas Pacteific at thbreveport 1.arch 14, 1877 ...... March 15, 1877,
60.. An act to fir the compensation of the COrtmma
Bherff of the parish of Orleane; for the
maintenance of- prisoners corfihed in the
'arish Prison of the parish of uilesns, and'
and F boliling turekey's lee,; thil aet t,
take effect from and after the first of Decom- i
hbr, 1876 ............. ..........................arch 15, 1877.
61. An act to repeal t-e act creating the Superior
DI istrict Court of the parish of Orleans, tIO
abu ish the said Superior Diatriet Court, to
transfer the records of said duperir Distric
Court to the Third District Court fer the par-'
isan of Orleans, and to regulate the jurtsdic
tion of the Di tr ct Courts for the psmrish o:
Orl ans in proeedings for the oollection oil
tOe... ........................................ Warch , 177.
COW EbAS-COOw PUAS.
Gboic. Carolina Clay Peas,
clay · Ixed, and other edgidea
86 gmrfn 0~rYI S l
BUTI~E ...,......~....................BUT'PAI
soelfrkije FimqGoabmn D~r
J0e do.
7he Butter.
Os the motta of M ,WuahbaJ ssbl
.o , "As Iiat to amthord e a tve .t the
aorney General to br.ng suit against the tLo
Ltiana Levee Company, for the fetflare of
their atfter, and the annull t of their eon
t.eh with the State, to eadls sai company
from urther action, and to asthoriae the said
companyl o plead in reonalattea their claim,.
if aoy they have, against the State."
Was taken up on its second reading,
Ms. Washbarn offered a joint reeeation as a
substitute f>r the bill, and requelted that hi
written argnment in support of said resolution
be read by the clerk bef ore his resolution was
reed.
r av fw ggranted and the argument was
d > not approve the substitute offered by the
fad ory mmltte for the following reasons:
id B e t l e m al.ordered t 1 be n`atf d
ma iat a t en tion the Levee Company
will resAor stronger thereby;
2. Because f the suit Is snecessful and the
charter is overthrown, th elaim whteh will b
adjudged to the company by the cpurt willbe
for ths fuf asmeunt of the legal indetedness of
the State to the company, after e
itation the company will have les tl.d trand
lea inellnation to make conceslons if they
are s ared that expense and delay.
a Iecause the institution of legal proceedings
will eauseeontrtrs who are now at Work, as
third partes actli In good faith, to cease on.r
ations and therebty ncur heavy personal Toss
and expose the plating nlaterests of the State to
a ve ffgreat increase of danger from overflow.
4. an atte pt at an amicable adjuat
ment will probabl lead to a voluntary surren
der ,f contract, and to a liberal deduction of the
amount due the company-and if no speedy
amicable settlement is found practicabl., the
course proposed under this bill still remains
open.
Let us examine each of these rropoiltions and
try to arrive at a clear conception of the facts:
1, Can the forfeiture of charter be Obtained by
a decree of court?
It certainly cannot, unles It can be shown
either that the chatter was in violation of fauda
mental law or of the constitution, or that It has
been forfeited by the failure of the company to
perform thelr obligations thereunder.
Let us look at the legal form of the instru
meat and ascertain first whether any flaw can
bhe found
The Lou slan. ITLvee Company was incorpor
ated by notarial act of February 11th, 1871,
before Uharles Cuviltier, notary public. ubse
Seontly by Act No. 4 of the Legislature of is#1,
the existence of this Company as a body po itle
and corporate was recogntred, and its powers
and privileges, rights and franchises were con
flrmed.
iurely there is no doubt of their rights to do
this, It is a privilege guaranteed to the oltizens
of the state for the accomplishment of any legal
uripose, to form themselves into a corporate
ody, and their subsequent recognition by the
Legislature as such only confirms the fact, but
does not add to or detract from the legality of
their act.
By the same act Itlo. , of 9l7)thState agreed
and contracted with the pLaen( ompany for the
eonstre tion ard repair of t levees1 (S. 4 , p.
U). The trstellse of sueton lproivislla
ommio of o eineers to determine the loca
tion >rditmntis of the levees to be on
U ,repa1ie or sttengthened, and the
atlt*d to maintained.
, third and fourth elauset , provide
othe construction, repair and maintenance
bythe Levee o' n y of the levees o lcasted
alit timm n ndbythe woommisholdgr be
a the tm in wfhich te ldn.
We ma pa.se here to note this importapt
feature, vi'. That the Levee Company arod
s htsldvo leh lerees as they were oyred
to construct hb the tYmmsi of i6a cre
Thero ,r, no obligation upon t am, and t
never has been, to construct ail the levees of tie
t~use , see. 2, of the act p sorides that after
th completion of any levee tie shallt ml
tIn the same up to the standad requmired by
the nglneersk a I. n the eveal o salid eorpor
ion falling or neglecting to doseo, tsll bie
liabie--" 'o whast? To the atte? shalt this
work a forfeiture of charter? Letus see--note
the words, "it shall be liable In damages to
any person or persona injured by reason of
said naeglect or fallu. e"
And even this clause, the only oneon which to
hang the host of a hope for btaining rodre
from tbhis Inluteuou Incubus, was rep.ed by
an act of the L-gislature, aproved M>reh 9,
iSt, and duly agreed to and ratified by the con
pariy.
Clarses six and seven provide for the ralsi
of money by the assesement and collection o
a t as nem at ion to the t eevee orDepan
or the wor erformed, the rate of corn
pensaton and the dnratl.on of the contract
twi nty-r ears.
The eit and ninth sectlons provide for the
rai In of money for the puroee of the work
by the issue of bonds secured by the State.
By act so. 27 of the same yea certain modifi
cations were introduced, limiting the amount of
work to be done, the power of di. posing of the
bonds, and providing for the acceptance of the
work. ( Pp. ,4. Wl,
These a were by act No. 43 of 1.73 consoli
dated, and the compensation reduced from 60 to
so cents per cubic yard. (Pp. is to e).
And finally, be act No. so of Ile, for a con
sideration, viz: the rereat of the fifth clause, see
tion two, of the act no. 4, subjecting the conm
pD y to damages, the company consented to the
re tion of the tax from four mills to three
=m i L .. . . . . . . . . .
7'Jt all these acts are in strict conformity
with all the forms and requirements of law, and
that they constitute a contract for twenty-one
years, from February 20, 1s71, between the State
of Louisiana and the Louisiana Levce Com
Sy, there can be no doubt.
If this position is correct, viz: that the 'on
tractis legal, and therefore valtd it follows that
the charter cannot be sucaseselty attaeked, ex
cept for non-performance of the obligations Im
posed upon the company. ow wat art the
obligations which they have assuned ? Simply
"to construct such levees only as they are
directed to do by the order of the enineers."
Only this, and nothing more. The obligation'
to maintain up to the requited standard
was indeed assumed at first, but even
then a failure in this respect did not work any
forfeiture of charter or waive any rights under
their contract. The penalty was dstinctlynamed
and it was thathey houid be liable for dam
ages done to individuals and not to the State
by such ftallare to matntain their levees~ u to
the standard. Sineeeven this has been revaled
by the c nsent and agreement of both Parties
the contract. itfollows that no action can be had
for that caeuse.
r the other obligation to build such levees
as they were ordered to build by the Commislion
of ngineers, I ask If it is probable that they
will be found to have failed in this particular,
when it is a well known fact that the engineers
have been, in a greater or les degree, at all
times under the control of the Levee Comnpeny,
and that no order for work was ever tssued by
the engineers without the previous knowledge
ax consent of the company ?
For these reasons the deree of the court will
probably be in favor of the C~mpany. And the
incubus of payingtwo prices for work of hav
ing the money of the State expended for te
protection of Indvi uals Instead of for the
stats at Iar e, and of having a con stnl ac
e dmlatn t* tret rolled p against the State
which will lead Inevitably to repud ttion, will
become fixed and confirmed.
Nor can this ntract b1 annulled by legsla
tive action. The constitution of the United
States, article I, section 10, and the cons' tution
of this state. article -, forbid the passage of any
lw impairing cotacts.
In one of the leaejg cases on this point.
given n the work of Judge Coolie on Contltu
tional limitations, psges 273 and d74. the Su
preme Court, in rendering its decision, gives
the words of Chief Justice Marshall, as fol
lows: "Is the elause (section 10, article 1 of the
constitution.) to be considered as inhibiting the
thate from impairing the obligation of
contracts between two individuals, but
as excluding from that inhibition contracts
made with ,itelf. The words themselves rtoo
tain no such istinction. ' hey are general
and are ap licable to contracts of every descrip
tio«.'
I ther,'-ore hold thatth:' contract cannot be
suw cessfully a t<v ked. either through legal pro
ceSe or through legislati ve action.
But for 'Ihe sake or argum.nt let us sup.ose
that the ji.d:rrit of the court may be adverse I
to the com ,any-or which will amount to the
same thing,. that the company will submit to a
forfeiture of charter, on account of the inherent
ineluality of a entcat between an indiviadual
and a soverei n State, which hoas always at its
Sr,mrnand, as a J~ast resourPe. the final extin
guishment of its debt by repudiation.
In that case the amount of theindebtedness of
the State will be fixed by a decree of court. And
this amount will not d.ff**r materially frim the
face of the claim as shown by the books of the
:omr any. Then what remains? Will we Day
the full amount of the claim? Or will we fall
back upon our sovereignty and say, thus mtch
of this just debt we will pay yeo, and has mch
we will notpay you ? Are the members of this
House ready for such a dilemma, and its conse
quent disgrace. Unjita and onerous as 'this
contract ts-hfdeous as the features of this mis
shape ng ofthe unholy allioee between
fe ana¶ are-whe it comes to eaa
t*i90rkt Qd~
0"
w d r wtp ! w
acl a tnfft 1. thjy V
imesas , n 'd f ri the to
slon or cootrol of any ofn her ievs.s.
ms tof the tr s esrerly ge
eompan th e a e and eolusi e e t
a s sddl o of all the alt
Ad. torie o twen tyne teas som
A1f hal pf are w to leave the leeys of
t b late heans of this eom.y during
tae y jl~oie It rr ted lawsuit ad at f
1amee it off thrir revenue and H ouse
rtiher operationse untl the emo7
io, sir what remains? Rarely it t ibter
to setl this matter amrlnahly and cheaply at
ane if we can do o then to ake all the doublt
ful habafe7 and delays of a lawsuit.
Slerefor Propose tie follo ltng otit resolun
ton s.ebtifntend and ask th t I be pesed
and itprovlsons rearried out as speed lys
o sisi shall wfal we still have the remedy
dPrf theisn the bill before as.
Th odint reaolution was then read sa 10o1
1. Be it reaqleed t y the ('pa nd Hmdousof -
a oi nt eCmmittee of three members of the H
and two members of the senate, wO
perso sl el jskllll In p.exnne and v I
.law, hall he ar olntc. br the i er
.ousesad the Presidnt of the laste.Wl
duty It shall be to invesmtlate thea atirsa
Ltonisan Levee (o, aorny: to asertain what
amount, if any. is legallry t'ne to ,said eAnon
under their eontrut with the State of Louisi
ana, and to asertain what. terms of aettie#.et.
if any, can he agreed npon between that e1r
pany and the StRte,.
A. Bes it re.olned, etc.. That the sald
mittee shall evmmene their investlntlon
r ten des ater the a.ljurnm thet oft e
i A. setsbly, and shall contles the w. fro0
day to day, for the spart thirty days,
shil htav powDer to employ the nereseary
ea for-, and to send for persona and parp tar
. lesolved, etc. That in e'se the pal{ e -
mlttee find an aminable settlement Q
render of charter, on the basis of not
ei all. mof the company not
e Iha st oteenotify ttny
of at act, and it shatten ra
aadhj e duty to at oncei im arl slutt 0a
esaid empetyor a forfeitu oft tleirig. -
Under a suspension of the rules the Joist .
olution was taken up, passed to its seseod
reading, and laid upon the table.,
House bill t was ordered to be taken as er"
Irossed, and under a suspensios of the rules
was read a third time and pised. The le
was adopted.
Senate bill No. 1e7, "An aet to abolish the l.
sh of arroll, and to create sad establish l.tlp
'·cr the two parishes of Iast Cer*sl
W's, (arrgll. providing forth olbA. - iiis
ild 'o p ldhes, and Wiag their repal-se q
e' r as of leprsesteatkes.
Os uon Itsse rssdlnglgOwi he
avor rt of the committee n o1aiu
S n read a third time sad ead_,
to e thre for,a sad firOIt
Cores.
Was taken up, and under a suspensln et -d
rules was read a third time and paHssed. S
title was adopted.
Benate bill No. 1s. "An act to amend atlt ,
12, entitled an set to earry into efeet lles * :
o e of the donation by thevUetedratesot pu.
lie lands for the benefit of ar euiltartr as.& b
a~eehlioal arts, ete."
T1e bill being the unflda~lsd bsiness of
Masrh leth, was, on motilon of Mr. Berry', 09ed
on the ealendar to be taken up and eoneldscu
with House bill No. ts, "An sat to repeal as st
entitled an act to unite the Lostiatlas /it
(niversity," etc., being act No. lee of the aseled
Senate bill No. ll, "An anot to Incorporatel ,
Anolent Order of ilbernians of the nats o ..
Louisiana, and to exempt certain properly bqt
longing to said society from taxation, ml. .
clpal and State."
Wastaken up on second reading aunder the
favorable report, with amendments, of the Coal.
mittete on Corporations.
The amendments were adopted as followe:
In lines I and 7, page 2, strike outthe wor. •
"Ineorporation" and Insert in lite thereof the
word "corporation."
In line 19, page 2, and in line 9s, page 2, strti '
out and nlasert as above.
Under a suspensilon of the rules, theibili .
read a third time and passed. The tite as
adopted.
SINATE BIl,Ls R arreein
Senate bill No.. e, "An set making Sander
the Fourth of March. the Fourth of July. Gee.
Fridayr, and Ohrti.as, days of puble rute is
dlies non, and repealieg all laws by which sra
other days are made days of pubtic rest a .d di -
non."
And benate bill No. 115, "Au act to ameedt 1a
re-enact article 139 of t~5 Revised 01Otle. 0dee
lLouIslana, and to repeal Let No. 70, pa r -t
March 9, 1.10."
Were severally read and under a asnsellpe5
of the rules were pa~eed to theireer m si
and referred to the Committee onti ~
House bill No. 1,. "An aet to srep.i
entitled an act to Increase the reveatiai of
.te, to autshoris the ineorporation ar . ...
lishment of the Louisiana State Lomtter
pmany,"ete.
Was taken up and, pendlng the mot. o n
Young, of Galborne, to postpone uni . ll
dayr, March at, on motion of Mr. Hauthar
House adjourned.
PETER J. TE, -m.'Sl~
Oft
DUCOlOXGNMO
A. CA ct1U , `-R
Produats of French Plharaessdie. r 41
by steamer Banaover.
A esmpiste assortineat o
FRENCH PATENT XIE3W1tIJ
most is vogue, such a Eifxir Boni-an. DWE A
Pepslne, Syiphium Cyrena1rum, DehaWs
Oronssler's Antl-Neuiragiga. Blansard A Lmp's Ii
Preparations. Dr. Churchill's. Lavdi~es. efts
For sale by A
A.~~J CAIOUt
meh4 7 m so Ohar res tr6 .
11 EASTER.
I (N hIAND. A LRGE Ali~ IIILECT~
( f Rhki Wines. French. Hunmaar sjg
California Wines%, Jar airaa and wIants
tnaru, Etr'ch and Zwetabwaseer.
Fruits ard Jelles.
Far the Crnlz Ihi Holdays.
Also on hand, a large stock of Whskib as
Ales. Cognas s, us. thor es Prtr. £Orr
I'ndV th, Frcnch and German te'ogdL
ilsner s ] Beer andeGeran bEo. j.
URo Also, mi ý p ooms
jay0