The New Orleans daily Democrat. [volume], April 23, 1877, Image 6

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OFFICIAL JOURNAL
-o0r T.l.
-OT TES"
STATE OF LOUISIANA.
EXTRA sESIONy OF 1877.
S-TAT.
SENATEC
lertiyseoLtd a Dy's Proeedi ss.
B.NATs Oaiass,
New Orleans. Friday, April SO. 1.77.
The Senate met pursuant to adjournment, the
Hon,. Louis A. Wiltz, Lieutenant Governor and
President of the Senate, in the chair.
On a call of the roll the following Senators
answered to their names:
KBesirs. -BRaton -h a5. D r,-- rose
Garland, Gla, Goods, Helly. Ogden Perkins,
Richardson. Robertson, Sandiford. Steven,
Stubbs. Texada, Wheeler. White and Zatcharle
--19.
Absent--Messrl. Allain, Burch Cage, Domas.
Dumont, Rlils, Eustis. George, drover: liaroer,
Landry, Mitchell, Stamps, button. Twltchell,
Wakelleld and Young-17.
On the motion of Mr. Richardson the reading
of the journal in detail was dispensed with.
INTRODUCTION OF BILLS.
Mr. Goode obtained unanimous consent to
introduce without previous notice Senate bill
No. 162, entitled "An act for the relief of J. P.
Vlgurle, Tax Collector for the parish of Terre
bonne."
Which was road a first time.
On motion of Mr. Goode the constitutional
rule was suspended and the bill read a second
time.
On motion of Mr. Goode the bill was ooisid
ered engrossed and ordered read a third time.
On motion of Mr. Goode the constitutional
rule'was suspended, the bill read a third time,
finally passed, title adopted and ordered sent
to the House for concurrence.
Mr. Goode moved to reconsider the vote
whereby the bill finally passed, and moved to
lay that motion on the table.
And the motion to table prevailed.
UNFINISHED BUSINESS.
House bill No. a2, entitled "An act to amend
and re-enact section 1 of act 41. approved March
5,1873, entitled 'An act declaring it a crime to
usurp a public office and providing the punish
ment for such offence; providing that if any
public officer shall adhere to or recognize any
usurper, hisoffice shall be forfeited.'"
On its second reading.
On motion of Mr. Boatner the bill was ordered
road a third time.
On motion of Mr. Boatner the constitutional
rule was suspended, the bill read a third time,
finally passed, title adopted, and notice of con
ecrrence ordered sent to the House.
ACTION ON REPORTS LYING OVER.
On motion of Mr. Richardson. the favorable
report of the Committee on Commerce, on
House bill No. 94s, was adopted.
SENATE BILLS ON SECOND READING.
Senate bill No. 147, entitled "An act to provide
for the revision of the Statutes of a general
character."
Reported unfavorably by the Committee on
Judiciary.
On motion of Mr. Goodethe report of the com
mittee was adopted, and the bill indellnitely
postponed.
SENATE BILLS ON THIRD READING.
Senate bill No. i63, entitled "An act to enable
the police jury of Iberville, to levy a tax on all
the taxable property within the limits of the
said parish, not to exesed fourteen mills on the
dollar."
Was, on motion of Mr. Allain, Indefiitely
postponed.
On motion of Mr. Goode, the rules were sus
pended to take up House bill No. 297, entitled
"An aetauthrlizing and empowering the police
jury of the parish of East Baton Rouge to bond
the indebtedness of said parish."
Otneourred in by the House, with the following
amendments to the Senate amendments to the
bill:
ROUSE AMENDMENTS TO SENATE AMENDMENTS TO
HOUSE BILL 297.
Add to the amendment of the Senate at the
end of section 2:
"And provided it shall be optional with the
the police jury to fund these judgments or not,
as in their discretion they may determine, and
provided this act shall cease to be operative af
ter the et of November, 1878."
On motionofMr. Goode, the Senate concurred
in the House amendments, and the bill was
finally passed as amended.
HOUSE BILLS ON FIRST READING.
House bill No. 300o, entitled "An act to author
ize and direct the City Council of the city of
New Orleans to cause St. Joseph, and other
streets, which have been closed or obstructed by
the New Orleans, Mobile and Texas Railroad
Company, to be opened to public use. and to re
peal all laws conflicting herewith."
Was read a first time.
On motion of Mr. Robertson, the constitutional
rule was suspended. the bill read a so3ond time
and referred to the Committee on Corporations.
House oill No. 314. entitled "An act to amend
an act entitled an act to protect the health of the
city of New Orleans; to locate the btock Land
ing and Slaughter-Houses, and to incorporate
the Crescent City Live Stock Landing and
Slaughter-House Company."
Was read a first time.
On motion of Mr. Kelly. the constitutional
rule was suspended, the bill read a second time
and referred to the Committee on Public Health
and Quarantine.
House bill No. 323, entitled "An act to repeal
act No. 93. entitled an act to incorporate the
town of St. Franeisville in the parish of West
Feliciana."
Was read a first time.
On motion of Mr. Goode the constitutional
rule was suspended and the bill read a second
time.
On motion of Mr. Goode the bill was ordered
read a third time.
On motion of Mr. Goode the constitutional
rule was suspended, the bill read a third time,
finally passed, title adopted and notice of con
currence ordered sent to the House.
Mr. Richardson moved to reconsider the vote
wher the bill finally passed, and moved to
lay thaT motion on the table.
S d the motion to table prevailed.
bill No. 32ss5, entitled "An act to prohibit
bar-rooms, drinking-saloons.
• e 0ee-~housee from selling or
vhi8g in liquors to minors, and to
vprescribe t es'.I. violation of the pro
Svisionse of this at"." .. .
Was read afirst ilni. , +
Oa motion of Mr. Riehardsoine oonstitu
i":=tonal rule was suspended, the bll read aond
Lsme and referred to the Committee on *Jadi
Hoose bill No. 329. entitled "An act to amend
seetionaeWotf the Bevised Statutes ofL1870."
Was: es. a first time.
On notion o Mr. Bobertson the constitutional
wasmnspended. the bill read a seeond time ,
to the .Jonaimttee on Finanee.
No. 3. ent.tled 'An at to reveal an
tat to iaeorporate the Latourche
saneg and Lead Improve
4de theilr datles. priv
sb}deat
psarNo. 1.o thq tcity of Baton Roue. Loluis
lana."
Was read a first time.
On motion of Mr. Grover the constitutional
rule was suspended and the bill read a second
time,
On motion of Mr. Grover the bill was ordered
read a third time.
On motion of Mr. Grover the constitutional
rule was suspended, the bill read a third time,
finally passed, title adopted and notice of con
currence ordered sent to the House.
Mr. Grover moved to reconsider the vote
whereby the bill finally passed, and moved to
lay that motion on the table.
And the motion to table prevailed.
House bill No, sto, entitled "An not providing
for the cleaning out of natural streams or
barous, or oanals, in the parishes of Lafourche
and Terrebonne, allowing taxation therefor,
and permitting the police juries of said par
ish' e. or of either,and the town of Thibodaux, to
guarantee the cost of said drainage by the issu
ance of bonds, payable in a series of twenty
yearsr.ixing the maunerand time of payment,
fixing the rate of interest on said bonds, and
for other purposes."
Was read a first time.
On motion of Mr. Goodo, the constitutional
rule was suspended, the bill read a second time
and referred to the Committee on Finance.
House bill No. as8, entitled " Joint resolution
for the reliefof the police jury, parish of Jeffer
son, left bank,"
Was read a first time.
On motion of Mr. Steven, the constitutional
rules wore suspended, the bill read a second
time, and referred to the Committee on Corpo
rations.
House bill No. 0bo, entitled " An act relative to
furies In the Second Judicial DistrletOourt. par
ish of Orleans."
Was road a first time.
On motion of Mr. Steven, the constitutional
rule was suspended, the bill r'ad a second time
and referred to the Committee on Judiciary.
HOUSE BILLS ON SECOND READING.
House bill No. 15s, entitled "An act to author
ize the polloejuriks to fix the rate of taxation to
be levied for parish taxes and licenses in the
several parishes of this State, except the parish
of Orleans, and to repeal conflicting laws."
On motion of Mr. Stubbs the bill was indell
nitely postponed.
House bill No. I16, entitled "An act to re-enact
an act supplemental to an act entitled 'An act to
incorporate the Now Orleans Mechanics' Soci
ety.' approved March 6, 1838."
Iteported unfavorably by the Committee on
Judiciary.
On motion of Mr. Goode the report of the
committee was adopted and the bill indefinitely
postponed.
House bill No. 258. entitled "An act to amend
and re-enact article one thousand one hundred
and sixteen of the Code of Practice."
Reported favorably by the Judiciary Com
mittee.
On motion of Mr. Goode the report of the
committee was adlopted.
On motion of Mr. Goodo the bill was ordered
read a third time.
On motion of Mr. Goode the constitutional
rule was suspended, the bill read a third time,
finally passed, title adopted and notice of con
currence ordered sent to the House.
House bill No. 268, entitled "An act to promote
legal education by requiring better qua!.ilea
tions of candidates for admission to the bar."
Mr. Mitchell moved the indefinite postpone
mont of the bill and demanded the yeas and
nays.
The roll being called resulted as follows:
Yeas-Messrs. Allain Breaux, Bryant. Ellis,
Garland. Gla, Grover, elly Mitchell. Richard
son. Itobertson, Steven and Tiexada-13.
Nays-Messrs. Ducros, Eustis. George. Goode,
Ogden, Psrkins, Sandiford, Stubbs, Wheeler.
White and Zacharie-11.
Absent-Messrs. Boatner. Burch, Cage, Demos,
Dumont. Harper. Landry, Stamps, button,
Twitchell, Wakefield and Young-1z.
And the motion to postpone prevailed.
The following message was received from the
House;
HousE oP REPRESENTATIVEB,
New Orleans, April 20, 1877.
To the Honorable the Senate of the State of
Louisiana:
Gentlemn.n-I am directed to Inform your hon
orable body that the House has concurred in
the following Senate bills, viz:
Seonate bilt No. 159 "An act to amend and re
enact an act entitled an act to authorize the Gov
ernor to remove, for cause or incompetency,
any officer or appointee whose apoointment is
vested in him under existing laws."
Also, Senate bill No. 151. " An act to author
ize the police jury of the parish of Morehouse
to levy a special tax to build a parish jail."
Also, Senate bill No. 157, " An act to create re
corders' courts in the city of New Orleans, and
to provide for the appointment and election of
recorders, to define their ju isdiction. qualiflica
tions and powers, and to replace an act entitled
'An act est .blishing four municipal courts in
the city of New Orleans.' " etc.
I am also directed to inform your honorable
body that the House is now ready to meet the
Senate in joint assembly to ballot for a United
States Senator.
kETER J. TREZEVANT,
Chief Clerk.
Mr. Texada, chairman of the Committee on
Enrollment, submitted the following report;
RooMS COMMITTEE ON ENROLLMENT AND
ENGROSSMENT.
New Orleans, April 20.1877.
To the Honorable President and Members of
the Senate:
Your Committee on Enrollment and Engross
ment rep-ecttully report as properly enrolled
Senate bils Nos. 105 and 156.
Respectfully.
LEWIS TEXADA, Chairman.
On motion of Mr. Grover, the Senate pro
ceedod to the hall of the House of Representi
tives to ballot for a United States Senator.
The joint session was called to order by the
Hon. Louis A. Wiltz, Lieutenant Governor and
President of the Senate.
The roll of the Senate was called when the fol
lowing Senators answered to their names:
Messrs. Allain, Breaux, Bryant, Ducros. Ellis,
Garland, George. Gla, Go.ide. Grover, Kelly,
Mitchell, Ogden, Perkins, Richardson Robert
son. Sandiford, Stubbs, "lexada, Wheeler,
White and Zacharie-22.
The roll of the House was called, when the
following members answered to their names:
Hon. L. Bush. Speaker, and Messrs. Aldige.
Aycock, Bridger, Breard. Billiu, Bowden,
Barron, Barbin. Brady. Buck, Berry, Bell,
Briggs, Brooks, Carloss, Cressy, Durden, Dela
vigne, Drury, Dayries, De Lacy, D'Avy,
Duke. Dupree, Ferguson, Fitzpatrick, Foerster,
Gaude. Gaskins, Gillespie, Holt, Hunting
ton, Hammond. Jonas, Johnson, Kennedy,
Kelly of Winn. Kelly of Orleans, Kernochan,
Kern, Kidd. Lyons. Leeds, Lamare, Lea, Leon
hard of Orleans, Means, Martin. McGehee,
McMillen, Newsom, Nu nez, Porter, Peralta,Pitts,
Richardson, Ryland, Routon, Randolph, Raby,
Romero, Rolle Robertson, Sartain, Shakspeare,
Singleton. Self Spiller. Stagg Stewart, Steele,
Sellers. Smart, Taylor Tolliver. Tremoulet,
Toler, Voorhies Washington Watson. Wash
burn. Walker. Wood. Wilde, W'illiams. Young of
Claiborne and Young of East Baton Rouge-88.
The President of the joint assembly then de
clared the object of this joint assembly was to
ballot for a United States Senator for the term
oon tencing March 4,1877.
T.lBecretary of the Senate read the names of
the candidaes. to wit:
Hon. B. F. Jonas. of Oteans, Hon. Randall L.
Gibson of (Ieans. Hon. Andrew Caleza, of
Orleans.
Senator Allain withdrew the name of Hon.
Andrew aleza, of Orlesas.
Bepreaentative Bridger withdrew the name of
Hon. W W. Farmer. of Ouachita.
Ienatosr. eharie nominated the Hon. B. H.
e a Stewart withdrew the name of
Hna . .of Placemizes.
Snominated Hon. J. H.
--O lo
8" $,R7fa
Bepresentative Kelly nominated Son. Albert
Voorhles, of Orleans.
Senator Mitehell nominated the Hon. Geo. W.
Dupre, of Orleans.
The roll of the respective branches of the
General Assembly were then called with the fol
lowing result:
Senators Perkins and Stubbs, and Bepresen
tatives Ayoiok, Bowden, Barbin, Brooks, Berry,
Ferngso.n, obb Gillespie, Hammond, Jonhson.
Routon. Baby, thskspear.e, Singleton, Voorhies,
Washington, Wuison, Washburn, Wood and
Tover, voted for Hon. B. F, Jonas-21l votes.
Benators George and Bandiford and repre
eontatives Delartgne. Fitzoatrick. Kelly of Or
leans, Kern Kernochan Lamare,. MeGshee,
Tremoulet, Williams, and nYoung of East Baton
Rouge. voted for Hon. R L. Gibson-12 votes.
Senators Grover and Zacharie voted for Hon.
B. H. Wilde-2 votes.
Senator Allain anod Reresentatives Drur.
Durden, Dayries, D'Avy, .olt, Kennedy MoMil
an R ,mero. Stewart and Barrettvoted for Hon.
J. . Oglesby-11 .vores.
Sen r rant. Gla and Wheeler voted for
Hon. W.L.oMlllen-3 votes.
Senators Goode, Kelly and BRichardson and
Representatives Aldige. Brady. Buck, Bllliu
xoss, Oresay,Duke, Dupree. Foerster, Gas
ks, -Huntington' Jonas, Koelly of Winn. Lyons.
Leeds Leon.Thar MartinuMeans,-Newsvm -i
nez, Pitts. itchardson, Ryland. Rolio, Robert
son, Sartain. Selt Spiller. btag. Steele, Sellers,
Taylor, Toler, Walter and Young of Claiborne
voted for Hon. Albert Voorhi s--s votes.
Senators Breaux, Dueros, Ellis, Garland,
Mitchell Robertson and White and epreseonta
t Jves Britder Breard. Lea and Wilde voted for
on. George . Dupree-ll votes,
Senators Ogden and Texada and Representa
tives Bell, Porter, Randolph, Smart and U nude
voted blank-7 votes.
Representative Barron voted for Hon. D. B.
Penn-1 vote.
Representatives Drew and DeLacy voted for
Hon. Lewis rexada-2 votes.
Total votes cast lce: necessary to a choice r,5.
The President declared that as no one of the
candidates had received a majority of the votes
cast in joint assembly there was no election.
On motion of Mr. Allain the joint assembly
adjourned, and the Senate withdrew to its own
chamber.
The Senate was called to order by the Hon.
Louis A. Wiltz. Lieutenant G overnor and Pres
ident of the Senate,
On a call of the roll the following Senators
answered to their names:
Messrs, Allain, Boatner.Breaux, Bryant. Du
cros, Ellis Eustis, Garland. George, Gl t. Good(le,
Mitchell, bgden, Perkins. Richardson. Robert
son Sandiford, Steven, Stubbs. Texada, Wheeler,
White, Young and Zacharie--4.
Absent-Messrs. Burch. Cage, Demas, Du
mont, Grover, Harper Kelly, Landry, Stamps,
Sutton, Twitchell and Wakeflhld-12.
'ILPEERRED CALENDAR.
House bill No. 304, entitled "An act to amend
the charter of the Louisiana Board of Trustees
of the American Printing House for the Blind,
and to confer additional powers on said corpo
ration and for the use of the books of said print
ing house for the blind of Louisiana Institution
for the Blind at Baton Rouge."
Reported unfavorably by the Committee on
Judiciary.
Mr. Mitchell moved to adopt the report of the
committee and the bill be indefinitely postponed.
On which motion. Mr. White demanded the
yeas and nays.
The roll being called resulted as follows:
Yeas-Messrs. Allain. Boatner, Breaux, Bry
ant, Ducros, Eustis. Garland. George. Goode,
Mitchell Ogden, ltobertson, Richardson, Sand
iford, Steven, Stubbs. Wheeler, Young and
Zacharie-19.
Nays-Messrs. Ellis, Gla. Perkins and White
-4.
Absent-Messrs. Burch, Cage. Demas,Dumont,
Grove,, Harper, Keihy Landry. Stamps, Sutton,
Texada, Twiteholl and Wakefield-13.
And the bill was indefinitely postponed,
House bill No. 274, entitled "An act to vest the
Third District Court for the parish of Orleans
with jurisdiction in all civil eases where the
amount in dispute exceeds one hundred dol
lars, exclusive of interest; and with exclusive
jurisdiction over cases in which the State of
Louisiana or the city of New Orleans may be
parties of record, and to ompower said court to
make special rules for the trial of appeals from
justices' courts."
On motion of Mr. Zacharie, the vote whereby
the bill was ordered read a third time was re
considered.
Mr. Zacharie offered the following amend
ment, and moved its adoption:
To insert insection 2, after the enacting clause
the following: before the word "the" "that to
better carry out the objects of this bill, and for
the purpose of protecting the interests of liti
gants in cases of appeals from justices' courts;
that said cases of appeals shall have precedence
over all others of a general nature, and in
order to afford to the members of the bar the
equal facilities found in the other courts of gen
eral jurisdiction, the said court shall adopt the
same rule as other courts, in this that Saturdays
will be specially designated for the calling and
fixing of causes, and."
Adopted.
On motion of Mr, Eustis the bill was ordered
read a third time.
On motion of Mr. Eustis the constitutional
rule was suspended and the bill read a third
time.
Mr. George demanded the yeas and nays on
the final passage of the bill.
The roll being called resulted as follows:
Yeas-Mos rs, Allain. Breaux. Bryant, Eustis,
Garland, Gla, Grover, Kelly, Mitchell, hichard
son, Robertson, Stubbs, Texada, Wheeler, White,
Young and Zacharie-17.
Nays-Messrs. Boatner, Dunros. Ellis, George,
Goode, Ogden, Perkins, Sandiford and dteven--J.
Absent-Messrs. Burch, Cage, Vemas, Dumont.
Harper, Landry, Stamps, Sutton, Twitchell and
Wakefield--l0.
The bill was finally passed as amended, title
adopted and notice of concurrence ordered sent
to the House.
Mr. Eustis moved to reconsider the vote
whereby the bill finally passed, and moved to
lay that motion on the table, and the motion to
table prevailed.
Mr. Kelly obtained unanimous consent to take
up House bill No. 303, entitled "An act for the
relief of the taxpayers of the city of New Orleans,
to absorb the floating debt, the unpaid interest
coupons, school warrants, and all evidences of
debt and other claims against the said city; and
to authorize and require the cityof New Orleans
to receive such indebtedness in payment of cer
tain taxes of the city of New Orleans. due prior
to the 1st of January, 1876."
Mr, Goode in the chair.
On motion of Mr. Kelly, the following majori
ty and minority reports of the Cmmittee on
Finance on the bill were read:
RooMs SENATE FINANCE COMMITTEE,
New Orleans, April 12, 1877.
To the Honorable the President and Members
of the Senate:
Gedtlefmen-Your committee, to whom was re
ferred House bill No. 303, substitute for House
bills Nos. 185, 198 and 222, entitled ' An net for
the re.ief of the taxpayers of the city of New
Orleans, to absorb the floating debt. the unpaid
interest coupons, school warrants, and all evi
dences of debt, and other claims against
the city, and to authorize and to require the city
of New Orleans to receive such indebtedness
in payment of certain taxes of the city of New
Orleans, due prior to the flst of January. 1876."
beg leave to state that they have conferred with
the Mayor and Administrators of Finance and
Accounts of the city of New Orleans, and also
with several prominentcitizens of New Orleans,
relative to its subject matter, and the members
of the committee being unable to agree, beg
leave to report the bill back without action.
Respectfully submitted,
WILL nTEVEN, Chairman.
W. A. ROBERTSON.
FRANK P. STUtBS,
LE WIS TEXADA,.
jAS. H. GROVER.
To the Honora PB esident and Members of
the Senate:
Gentm-- minority of y r committeehav
ing had under' co oto House bill No. 3sis.
beg leave to report unfavorably. In so
doing, your mino not desire to express
any opion as to tmerrits of the bill, although
in that regard the Mayorof he city of New Or
th A inl n hator e n he. F e an the
of ha . thtte
thealty
heerinato the Dep l e of the r t Of local
self government ny friends of he measure
have urred favorablea tlon on the grounds
that it was a measure of relief, but in view of
the opposition of the members of the city gov.
ernment. and to view of the evils flowing from
continued legislative action in matters of purely
local concern, your eemmittee are constrained.
from a sense of public duty. to make this un
favorable report.
Respectfully submitted
C D. WHITE.
Mr. Grover moved the adoption of the minor
ity report.
Mr. Ogden moved as a substitute that the bli
be considered section by section.
Carried.
The first section was read.
Mr. Kelly offered the following amendment
and moved its adoption:
In section 1. line 31at, after the word "taxes,"
insert the words "of the year eighteen hundred
and seventy-six and."
Mr. Grover moved that the bill be indefinitely
postponed.
On which motion Mr. Kelly demanded the
yeas and nays.
The roll being called resulted as follows:
"Yeas-Messrs. Allain, Ducros. Ellis. Gar
land, Gla, Grover. Richardson, Ateven. White
and Zacharie--l.
Nays-Messrs. Boatner, George, Goode.Kelly,
Mitchell. Ogden, Sandiford, Stubbs, Texada,
Wheeler and Young-11.
Absent-Messrs. Breaux Bryant Burch, Cage,
Demse. Dumont. Eustis, Harper, Landry Per
kins, Robertson, Stamps, Jutton. Twitchell
and Wakefield-15.
And the motion to postpone was lost.
The question recurring upon the amendment
offered by Mr. Kelly, it was adopted.
Mr. Ducros offered the following amendment
and moved its aloption.
Insert at the end of the first section the fol
lowing words: "Provided, the Administrators of
the city of New Orleans do consent to the pro
visions of this section."
Mr. Kelly moved to lay the amendment upon
the table.
On which motion Mr. Garland demanded the
yeas and nays.
The roll being called resulted as follows:
Yeas-Messrs. Boatner, Bryant, Goode. Kelly,
Mitchell Sandiford, Stubbs, Texada. Wheeler
and Young-l.
Nays--Messrs. Allain. Ducrns, Ellis. Garland,
Grover, Ogden, Richardson, Steven, White and
Zachare-10o.
Absent-Messrs. Breaux, Burch, Cage. Demras.
Dumont. Eustis, Gla, Harper. Landry, Perkins.
Robertson, Stamps, Sutton. Twitchell and
Watefleld-l5.
And the motion to table prevailed.
Mr. Kelly moved the adoption of the first sec
tion as amended, and moved the previous qutes
tion.
The main question was ordered.
Mr. Grover demanded the yeas and nays upon
the adoption of the section.
The roll being called resulted as follows:
Yeas-Messrs. Boatner, Bryant. George.
Goode, Kelly. Mitchell, Ogd-n. Perkins. Ri,.h
ardson, eandiford, S ubbs. Texada. Wheeler and
Young-14.
Nays-Messrs. Allain. Dueros, Ellis, Garland,
Grover. Steven. White and Zacharie-8.
Absent-lessers. Breaux, Burch. Cage, Demas.,
Dumont, Eustis, Gla, Harper, Landry. Robert
son, Stamps. Sutton, Twitchell and Wakelleld
-14
And the section was adopted as amended.
Section second was read.
Lieutenant Governor Wiltz in the chair.
On motion of Mr. Kelly the section as read
was adopted.
On motion of Mr. Kelly the bill was ordered
read a third time.
Mr. Kelly moved a suspension of the consti
tutional rule td place the bill upon its third
reading.
On which mot'on Mr. Grover demanded the
yeas and nays.
The roll being cellea resulted as follows:
Yeas-Messrs. Boatner. Bryant. Eustis.Goorge,
Goode, Kelly. Mitchell, Ogden, Perkins. Richn
ardson, Sandiford, Stubbs. Texada. Wheeler
and White-15.
Nays-Messrs. Ducros. Ellis, Garland, Gla,
Grover, Steven and Zachar'e-7.
Absent-Messrs. Allain, Breaux, Burcb, Cage.
Demas. Dumont, Harper. Landry. lRob-rtson,
Stamps, Suttcn. Twitchell. Wakelleld and Young
-14.
And the rules were not suspended.
Mr. Mitchell obtained unanimous consent to
introduce, without previous notice, Senate bill
No. 163, entitled "An act to amend and re-enact
section four of act No. 07, of session of 1876, en
titled an act to charter the North Louisiana
Railroad Company," etc.
Which was read a first time.
On motion of Mr. Mitche'l. the constitutional
rule was suspended. the bill read a second time,
and referred to the Committee on Railroads.
On motion of Mr. Allain, the Senate took a
recess until 7 o'clock p. m.
AFTER RECESS.
The Senate was called to order by the Hon.
Louis A. Wilt., Lieutenant Governor and Pres
ident of the Senate.
On a call of the roll the following Senators
answered to their names:
Messrs. Boatner, Du'ros, Ellis, Garland, Gla,
Goode, Landry, Mitchell. Ogden, Perkins. Itich
ardson, Robertson. Sandiford, Steven, Stubbs,
Texada, White and Zacharie--1.
Absent-Messrs. Allain, Breaux. Bryant,
Berch, Cage, Demas, Dumont, Eustis, George,
Grover, Harper. Kellv. Stamps. Sutton. Twitch
eli. Wakefield. Wheeler andti Young--is.
Mr. Robertson moved that the Senate adjourn
until to-morrow, at 12 o'clock, m.
On which motion Mr. Garland demanded the
yeas and nays.
The roll being calied resulted as follows:
Yeas-Messrs. Dueros, Ellis, Mitchell, Robert
son, Sandiford and Steven--6.
Na' s-Messre. Boatner, Garland. Goode, Gla,
Landry, Ogden, Perkins. Richardson, tuabbs,
Texada. White and Zacharie--12.
Absent-Messrs. Allain. Breaux, Burch. Br-
ant. Cage, Demns, Dumont, Eustis, George.
Grover, Harper. Kelly. Stamps, Sutton. Twitch
ell. Wakefield, Wheeler and Young-s18.
And the Senate refused to adjourn.
On motion of Mr. Robertson, the Benate ad
iourned until five minutes past 12 o'clock, Satur
day, April 21, 1877.
JOHN CLEGG.
Secretary o0 the Senate.
OFFICIAL JOURNAL
-OF THE
FIFTH GENERAL ASSEMBLY
-OF THE
STATE OF LOUISIANA.
EXTRA SESSION OF 1877.
HOUSE OF REPRESENTATIVES.
Forty-Second Day's Proceedings.
HousE OF REPRESENTATIVES.I
New Orleans, La., Friday. April 20. 1877 S
The House was called to order at 11:45 o'clock
a. m. Present:
Hon. L. Bush. Speaker, and Messrs. Aldige,
Aycock. Bridger. Breard, Billiu. Bowden,
Barbin, Barrett. Brady. Brooks. Buck, Berry.
Bell. Briggs. Carloss. Cressy, Drury, Durd'n,
)ayries Delavigne, Drew, De Lacy. D'Avy,
Duke, Dupree, 1erguson. Fobb. Fitzpatrick,
Foerster Gaude, Gaskins, Gillespie. Holt, Hunt.
ington. hammond. Hill of Orleans Jonas.
Kelly of Winn, Kelly of Orleans, Kern. Ker
noehan. Ktdd, Lyons. Leeds. Lamare. Lea.
Leonhard of Orleans. Martin. Means. McGehee
N.wsom. Nunez. Porter. Peralta. Pitts. tich
ardson. Ryland, Bouton. Bardoiph, Romero,
Bolle. Robertson Baby, Sartaio, Shakspeare,
Singleton, Self. Spiller 8tagg, Stewart. Steele.
Sellers. Smarta.ylor. olilover. Tremoulet. To
ler. Voorhi.., Washington.Watson. Washburn
Walker, Wood Wilde Williams, Young of
Cra~borne and Young of East Baton Rouge.
3ightreight members and a quorum.
The following oommunioation was presented:
Tothe on. Louis Bosh, Speaker of the House
of es.r.uutives; i
.. 1'm.. . . . l
legal House of BeDresentatves of the Sitate of
Louisiana and aecepting the conditions of said
resolution and invita'ion.
Respectfully, etc,,
Representative of Baiidos.
New Orloana, April 20, 18577.
Hon. W. L. MeMillen, of the parish of Carroll,
presented himself at the Speaker's stand, took
the constitutional oath of offloe as representa
tive from that parish and was seated.
By consent of the House. Mr. MoMillen ad
dressed the House on a question of privilege.
The journal of April 19 was approved.
Mr. Washington rising to a question of priv
ilege, explained his absence from the House on
the 18th and 19th April.
PETITIoNS, MEMORIALS AND RESOLUTIONS.
Mr. Singleton offered a resolution, which un
der a suspension of the rules, was taken up and
amended so as to read as follows:
SBe it resolved by the House of Represeuntatives
of the Dtate of Louisiana, in General Assemblu
coarened. That no more claims against the State
be received, for action during the present ses
sion, when said claims are for past years in
debtedness, and that the Committee on Claims
be instructed to return any and all such claims,
ithat may-now-be in-their hands- -- -
The resolution was adopted as amended.
Mr. Young, of Claiborne, offered the follow
ing:
Resolution to authorize the chairman of Contin
gent Expenses to pay E. C. Payne the fees for
collecting taxes which have been used by the
House of Representatives:
lip it resolved by the Hlouse of Ilrn'eseLdalives
of therState of Louisiana, That the chairman of
the Committee of Contingent Expenses be and
he is hereby au horized to pay E. C. Payne
the sum of three hundred and sev,,nty-live dol
lars. being the amount of two and a half per
cent on the collections made by said E. C. Payne
and used by the House ol Rprepsentatives.
Under a suspension of the rules the resolu
tion was adopted.
Mr. Young, of Claiborne, moved to reconsider
the adoption of the resolution, and t, lay the
motion to reconsider on the table.
Carried.
On motion of Mr. Bowden. the ,oncurrent
resolution relative to the final adjournment of
the General Assembly was postponed until to
morrow, April 21, at II o'clock a, m.
BILL INTRIODUCEID.
By Mr. Kennedy
Hlouse bill No. c5c, "An act making an appro
priation of the sum of sixteen thousand and
one dollars out of the revenues of 187i, for
the Board of State and City Assessors of the
parish of Orleans, the same to cover a deficit in
the general a ppropriation bill of 1876."
&The bill was read and placed upon the calen
dar.
Senate bill No. 122, "An act to create a comm's
alon to sit during the recess of the General As
sembly and to consider the present license, in
spection and port charges imposed by State
laws ; to take evidence thereon and to report at
the next session of the General Assembly such
changes as in their opinion may be necessary."
Was taken up, read, and under a suspension
of she rules was passed to its seoend reading.
On the motion of Mr. McGehee, that the far
ther consideration of the bill be indefinitely
postponed, a rising vote was taken.
No quorum voting.
The roll of the House was called, as follows:
Hon. L. Bush. Speaker, and Messrs. Aldige,
Aycock. Bridger. Breard. Bdiliu, Bowden, Bar
bin, barrett. Brady, Berry. Bell, Brooks,
Carloss Durden, Delavigne, Drw,. De
Lacy. Nuke, Dupree, Ferguson. Fobb, Fitz
alatriek. Foerster, Gaude, Gaskins. Gillespie,
Huntinston. Hammond, Hill of Orleans. Jonas.
Kennedy,Kelly of Orleans, Kernoehan, Lyons.
Leeds, a amare, Lea, Leonhard of Orleans,
Martin, MeMillen, MeGehee, Newsom, Nunez,
Porter. Peralta, Pitts. Richardson, Ryland.
Routon, tRandolph, Romero. Iolle, Robertson,
Shakepeare, Self, Spiller, Stagg, Stewart, Smart,
Steele, Sellers. Taylor, Tolliver, Toler. Voor
hies, Washburn. Watson, Walker, Wood. Wil
liams., Young of Claiborne and Young of East
Baton Rouge.
Seventy-three members and a quorum.
The motion to postpone was withdrawn and
the bill was referred to the Committee on Agri
culture, Immigration and Conmmnere.
House Iill No. 19. "An act to provide for the
change of names by judicial proceedings; to
point out the manner of proceeding, and to
provide for the payment of the costs thereon.
The Senate's amendments wer3 concurred in
as follows:
Insert after the word "the," in line 2 of the
second section, the words "district attorney or."
Add at the end of the 4th section the words
"after the publication of the judgment in some
newspaper in the parish for fifteen days, and if
there is no newspaper publishe I in the parish,
then in some newspaper nearest to the court
house of th'e parish in which the judgment is
rendered."
The bill was passed as amended.
House bill No. 358, "An act to provide for the
removal of the obstructions to navigation in the
mouth of Red river, and appropriating the sum
of s2o.ooo to pay for having the work done."
Was taken up under reference to the commit
tee of the whole.
On the motion of Mr. Young, of East Baton
Rouge, the House resolved itelf into a commit
tee of the whole.
Mr. Hill in the chair.
On rising the committee of the whole reported
through its chairman that it had considered
House bill No. 358, and had agreed to recom
mend its passage by the House, with an amend
ment, as follows:
In section 3, line 3, strike out the words, "Out
of any fends in the treasury not otherwise ap
propriated," and insert " out of the two-thirds
of the levee tax for the year 1877, collectible in
the year 1878. not set apart for the linquidation of
existing contracts entere(l into by the Louisiana
Levee Company for levee work to be paid for
out of the taxes of that year."
The report of the committee was received and
the amendment was adopted.
The bill as amended was taken as engrossed
and under a suspension of the rules was read a
third time.
On the final passage of the bill the yeas and
nays were called for, with the following result:
Yeas-Hon. L. Bush. BSpeaker and Messrs.
Aldige. Aycock, Bridger. Breard, Billiu. Bow
den. Barren. B irbin. Barrett, Brady. Brooks,
Buck, Berry, Bell, Briggs. Carloses. Cressy.
Drury, Durden. Pelavigne. Drew, D'Avy. Duke,
Dupree, litzpatrictr Foerster. Gaude, tasklns,
Holt, Hammond, Hii of Orleans. Jonas. Kelly of
Otileas. Kernochan, Kidd, Lyons, Leeds,
Leonard of Orleans, Means, McGehee. Nunez,
Porter, Pitts, iouton, Randolph. Bomero. Bolle,
Robertson, tsaby, Martain, Shakspeare. i.ig e
ten, Self, Stagg, Stewart, Steele. Sellers. Smart,
Taylor, 'olliver. a remoulet. Toler Voorhies,
Washington, Watson, Washburn, Walker. Wood.
Wilde. Young of Claiborne and Young of East
Banon Rouge--71.
Messrs. Mobb, Gillespie, Martin and Byland
voted nay.
The bill passed. The title was adopted.
Mr. Voorhies moved to reconsider the vote on
the passage of the bill. and on his own motion
the motion to reconsider was laid upon the
table.
JOINT SESSION.
A joint session of the General Assembly was
held for the purpose of further balloting for a
Senator to represent tha State of Louisiana in
the Senate of the United States for the term
b3ginning March 4, 1877, Hon. L A. Wil z. Lieu
tenant Governor and President of the Senate.
presiding.
The roll of the Senate was called, when the
following Senators answered to their names:
Messrs. Allain. Bryant, Breaux, Ellis Gar
land. Goode, Gla. George, Gr 'ver. Kelly, Mitch
e l. Ogden, Perkins. Biohardson, Robert
son. Randiford. tubbe. Texada, Wheeler. White
and Zacharie.
Twenty-two Senators.
The roll of the House was called when the
following members answered to their names:
Hon.L. Bush, Speaker, and Messrs. Aldige,
Aycok. Bridger. Breard Silllu Bowden. Bar
ron. arbn Barrett, Brady. Bro.ks. Buck.
rr BeU. Br . Carlos, (ressy. Drury,
is yle, avan, e . s + et
Newsom, Nuned. Porter, PedltPa itta,
r gton S lwart
Sm r Tay or, ollr reoulet. To
s,*ibng... .Wtson, Washburn
1ae tms, Young of Ala
and Young of Est Baton Rouge.
Eighty-eight members and a quorum, *
The presiding officer announced thatthe
eral Assembly of the State of Louislana had '
in this joint assembly, as required by law,fa
the purpose of balloting for a Senator to rep*f
sent the State of Louisiana in the Senate of ThI
United States, for the term beginning Maraeh k;
1877.
The Secretary of the Senate read the names oeJ
the candidates, to wit:
Messrs. Jonas, Gibson. Calesa, Liwneente
Farmer, MoCullom and Brown.
The names of Caleas, Lawrence, MoCulle~:j
Brown and Farmer were withdrawn.
Mr. Zacharie nominated Hon. B. H. Wilde, o
Orleansa
Mr. Stewart nominated Hon. J.H. Oglesby,
Mr. Bryant nominated Hon. W. L. MoMiile,
of Carroll.
Mr. -- n6mbated~i on. Albirt.-yoth-oig
of Orleans.
Mr. ---- nominated Hon. G. W. Dupreejoi
Orleans.
There being no further nominations the r@:I
of the Senate was called, with the follows
result:
Senators Perkins and Stubbs voted for Bo./
B. F. Jonas-- votes,
senators George , nd Sandiford voted for Hoes'
R. L Gibson-- votes.
Senas'ors Grover and Zacharie voted for Hon;,
B H. Wilde-2 votes.
Senator Allain voted for Hotb. J. H. Oglesby-1.
vote.
Senators Bryant, Gla and Wheeler voted fot
Hon. W. L. McMillen--a votes.
Benators Goode, Kelly and Richardson voted
for Hon. A. Voot hies--a votes.
Senators Breanx, Dueros, Ellis, Eastia,
Mitchell, ckbertson and White voted for eso.
G. W. Dupre--7 votes.
Senators Ogden and Texada voted blank--I
votes.
The roll of the House was called, when
Messrs. Aycock. Bowden, Barbin. Bro, h
Berry, Ferguson, Fobb, Oiloesple, Ha c
Johnson, RItoton, Raby, ShakspLeare, Miagietoa.
Voorhics, Wastington, Watson. Wash
Wood and Tolliver voted for the Holt . '
Jonas-19.
Messrs. Dolavigne, .Fitzpatrick, Kelly of O
leans, Kern, Kernochan Lamare M "ehe
Tremoulet, Williams and Young of East Bat l
gtouge voted for the lion. R. L. Gibson--10.
Messrs. Drury, Durden, Dairies, D'Avy o
Kennedy McMlilen. Romero Stewart and
rett voted for the Hon. J..H. eb
Meissr. Aldile, Billin, Brag. ' uck. C U
Cressy, Duke. Dupree, Foerster, Uskins,
ington, Jonas. Kelly of Wine, Lyons,
Leonhard. Martin, Means, Newsom,
Pilus, Bichardsona. Ryland Rodlle, o
Sartuin. self, Spuiller, statuag teele, et
lor. Toler, Waiker and Youn of
voted for toe Hon. Albert Voorhiet--~ ý 85 ,
Messrs. Brideer. Breard. Lea and WildeV
for the Hon Geo. W. Dupre--4.
Mr. Barron voted for the Hon. D, B. PeatI-i
Messrs. Drew and DeLacy voted for the -H6.
Lewis Texada-2.
Messrs. Bell, Porter. Randolph, Smart artdl
Gaude voted blank-5.
Total vote, 10o; necessary to a choice, 55.
No one candidate having received a maJw "i
of all the votes east, the presiding offici .rgt
clared that there had been no election.
On motion of Mr. Allain, of the Senart tt.:
joint assembly adjourned, and the Senate whit 1
drew to its chamber. .
The roll call after joint session was dispelj as
with. l
MESSAGE FROM Td$ BEATZB.
The following message was received . re
the Senate:
BSENATE OCAILt,
State of Louisiana,
New Orleans. April 20, 1 .Qý4
To the Honorable Speaker and Members iof t
House of Representatives:
Gentlenwn--IT am directed to inform yout
orable body that the Senate has cone
the following House bills:
House bill No. 327, entitled "An act to
an act entitled 'An act to norporaa
Orleans. baton Rouge and Vicksbnrg
Company. and to expedite the so
their road,' No. 143, approved Decemberal
and also an act entitled 'An act authori
tain parishes, c-ties and towns by eon
to the New Orleans, Baton Rouge ant
burg Railroad Company.'" ete.
Also, House bill No. as. entitled "A.
make an additional appropriation of one
sand five hundred dollars to pay tor
and tax collectors' rolls."
Also, House bill No. 835ss, entitled "A
revive and extend the charter of the Flt
tiet Church of New Orleans." . ,;
Also, Hou-e bill Ao. 228. entitled "An setd
tive to the taking (f the testimony of pay 4y
clans."
Also, House bill No. 306, entitled "An act ~oi
corporate the Bayou Sara Fire Ctomnn.any,
Also, House bill No. 272, entitled "Arl _tI
amend and re-enac act 488 of the Code of
tice." with amendments as annexed to the Bla-ý
Also. House bill No. 351. entitled "An aoet I
thorize the police juries of the parishes of Yorwe
house and Utaldwell to levy a special tax snt
and one-half mills during the year 157, am6i'
make the outs'anding indebtedness of th '
ishes, receivable in payment of th:ese
with amendments as annexed to thebil" .
Also, to inform your honorable body UIt4 1
Penate has finally passed Senate bill No. 16. $.;'
titled "An act to amend and re-enact seeth
of an act entitled 'An act to regulate publie,
cation in the state of Louisiana, to
revenue for the same, to impose certain a
ties, to repeal sections of the Revised $
etc.. approved March 26, 1877 and to as
concurrence of your honorablebodyinthe
Also, to inform your honorable body t
Lieutenant Governor and President of the
ate has signed the following duly
Senate bills, and to request the eignatute f
Speaker of the House to the same:
e nate bill No. 14, entitled "AnLact to p
for the drawing of tales jurymen in
trials in the parish of Orleans inallease.a
the accused is charged with a felony, as
the summoning of the same."
Also, Senate bill No. 105 entitled "An
vest in the 8tate Board of Education o
thesite purchased for the State in tl
New Orleans for the location of a ta -
school, and to authorize the renting oi.
of said site, and the use of said neves
proceeds to aid in maintaininq the
school or schools to be es.ablished iatie
New Orleans."
Also. Senate Joint Resolution e
policy of the President and pledgingc
tion with and support of the same.
Rounnantfnl Ilv
JOHNOLBGG
Sjcretary of theeiw
A further message was received fromthe
ate informing' the House that the e
concurred in House bill No. 274, with.
ments. = -
Bald House bill No. 274, "An aloo
the Third District Court for the $lct*-,
Orleans with jurisdiction in all c.ifl-1 .
where the amount in dispute eee
hundred dollars, exclusive of interest,
empower said court to make special rule
the trial of appeals from justices' courts,"
Was taken up with the Senate's aenunduaea
which were concurred in, as follows:
Insert in section 2, after the enacting 6tia
the following before the word "the": "'°Tatl
better carry out the objects of thip bill, and
the purpose of protecting the intierests of e
gants in cases of appeals from justices'
that said cases of appeal shall have pc
over all others of ageneral nature: and in j
to afford to the members of the bar the q
facilities found in the other courts of g i
jurisdiction, the said court shall adoptb
same rule as other courts, in this, that ,
days will be especially destined forthe
and fixing of cases."
The amendments were concurred in, and tr
bill was passed.
Mr. Bowden moved to reconsider the vote Bi
which the bill was passed, and on his own s.;
tion the motion to reconsider was laid upon tl
table.
House bill No. 351, an act entitlel "An ad 4t
authorize the police juries of the parsbes i
Morehouse and Caldwell to levy a special tea d
four and one-half mills durins the veens 10m
and lais; to make the outstanding
of the parish receivable in payment of
same." etc.
Was taken up with the Senate'.
which were emeorred in,a foiisws:
Strike- .te as 1 raudinfectthe