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The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, February 17, 1880, Supplement, Image 9

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SUP P L EIMENT.
NEW ORLEANS, TU ESIDAY, FEBRUARY 17, 1880.
OFFIC|IAL JOURINAL u
-OFr g a- ti
FIRST GENERAL ASSEMBLY in
is
- OF THE - of
STATE OF LOUISIANA. t
BEN4TJE. I1
Twenty-eighth Day's Proceedings. ,
SENATE (JnAMn.n, Nnw OnLtxAN, k Il
Saturday. Ftoruary 14, 1880.
The Senate was called to) order at 12op'clock "
m,. by the lion. S. D). MAEnery, Lloutenant ,
Governor and President of the Senate. v
On a call of the roll the following Senators C
were present: b
Messrs. Aby, Augustin, llullngton, Cahen,
Campbell, Cunnlnghm, l)avidson, Davy, v
atoplnal, Fontenot, Foster, Hagan, Harris, 's
tKiddLac Luone, Luckett, Mareton New- c
ton, Nutt, Pal'lange, Pollook, Riard, oibert- h
It lgrs, Steele, Settoon, Story, Vance, I
Wlton,Watkinse-31. h
Abeent-Messrs. Brian, )emas, Nunez, tl
Stewart, 8immes--5.
ME#BAII FROM THE GOVERNOR. t
The following communication was received a
from hles Excellency the (iovernor: f
ExiscurvT DIgpASnTMItT.
State of Louisiana.
New Orleans, February 14. 1880.
To the Prresdent and Members of the Senate: I,
I have the honor to submIt herewith-
Annual report of the Board of Adminletra- d
tors of the Insane Asylum of the Stateof Lou- e
luana for the year 1879. c
Annual report of the onlicers and trustees s
of the Louisiana Institution for EJucation of I
the Blind for the year 1879. t
Annual report of the State Superintendent I1
of Public Education. Aleo, account of the s
contingent expenses of his office for the year t
1879.
Very respectfully,
LOUISA. WILTZ, (lovernor. a
On motion of Mr. Marston the reading of t
the journal in detail was dispensed with. I
API'IPOVAL OF JOURNAhL. I
On motion of Mr. Fontenot the journals I
of the eighteenth, nineteenth, twentieth,
twenty-first, twnout-seeond, twenty-third,
twenty-fourth, twenty-fifth, twenty-sixth I
and twenty-seventh days' proceedings were
approved.
'PETITIONS AND MEMORIALS.
The President of the Senate submitted the
petition of Henry McCall, president of the
Board of Fourth Levee District Commission
ers, oalling attention of the Legislature to
the danger arising from the cutting of rice
flumes and other depredations upon the pub
lie levees of the State, and praying for legis
lative action in the premises.
The petition was read.
REIPgTA OF cOMMITTEItS.
Mr. Watkins, chairman of the Committee
on the Judiciary, submitted the following re
port:
To the President and Members of the Senate:
I am instructed by the Committee on the
Judiclary, to whom was referred
Senate bill No, 50, being
An act relative to sheriffs, ex ofllfio tax
collectors, and to the bonds to be turuished
bY them, parish of Orleans excepted,
To report by substitute.
On House bill No. $7, being
An act to provide for the transfer of cer
tain cases pending and undetermined before
the justices of the peace for the parish of Or
leans, and before the Third District Court for
the parish of Orleans, to the city courts of
N Orleans,
T report the same favorably.
Senate bill No. 43, being
An act to amend article 245 of the Code of
Practice,
To report the same favorably, with the fol
lowing amendments:
1. Amend title by inserting after the word
"amend," the words "and re-enact."
2. Amend section 1 by inserting after the
word "amended," in line 3, the words "and
re enaOted."
8. In line 9 strike out the words "not less
than one-half of," and insert the words "equal
4. In section 2 strike out all the words after
the word "repealed."
Respectfully submittedl
J. D. WATKIINS, Chairman.
Mr. Luckett, chairman of the Committee
on Elections submitted the following report:
: To the President and Members of the Senate:
Your Committee on Elections would re
rsemtfully report that they have reconsidered
the evidence before them in the contest of D.
0. Montan against J. S. Davidson, from the
Fourteenth District, and we think there are
sumoflent evidences of fraud, illegality and
irregularity in the election in the parish of
Iberville, onsidered In connectIon with the
time and place of the paeage of the ordinance
- of October 25, 1879, to justify the aseumption
that the polls were changed with a fraudu
lent intent.
The affidavits before us show that there
was a heavy influx of colored men into the
parish of lbervlle from other States and
parIshes during the past rolling sea~es, dur
ing which the election was held, estimated
by several prominent citizens as high as
twenty-live huudrei, and by none lower than
twelve or tifteen hundred, whlich in tlheir
opinion accounts for the heavy increase of the
vote in this election over that of the pre
Vious election.
The registrar swears that from informa
tion received since the election, he is satis
fed that a large number of these transient
laborers Illegally regIstered in the parIsh
articularly in the sec~on and fifth wards.
Thls transilent, tempqu"ary and illegal!
addition to tile voting strength of the
second ward is estimated by some
of its citizens at 75 per cent of
the normal and legal voting strength; others
estimate the increase at 200 of these illegal
votes in the second ward alone. As the
registrar wel saysowing to the .r,..t si..
larlty in the appearance of colored men gen1
erally, it is almost impracticable to discrim
inate against these non-residents when they
atpply t onregister, utruthfully claiming to
be resIdents of the parish, when in truth they
live in other parishes, or even in other Stat:e.
paiticularl Mississielpi. When we oonslder
that the vote cast at this election exceeded the
vote for delegates to the Consetitutional Con
enton in rch of the same year by oer
1100, it would seem that the charge made by
contestant that large numbers of these tran
sient non-residents were Illegally allowed to
'ftR~e is well founded. Of course all such votes
In ward 6 the number of these extra tran
sient laborers ls estimated at two or three
hundred. The commissionere and the clerk.
were colored, and the election was managed
exclustvely by negroes, and several cltlzeDs
who attended that poll state that from their
observation and experIene theydonot thnnn
oontestant, being a white can.diate runn
pgiiayt oontestee, a colored mani, stood anY
of the witnesses swears tha4 the corn
.t ci -
the electlion in March, 1879, only one hundred
and forty-six votes were polled. At this eleo
tion the number of names on the list of voters
is two hunlidred and forty-two, whilethe num
her of names marked voted on the poll hook
is only one hundred and seventy-three. Sov
oral names are marked voted on the poll book
which do not appear on the list of voters; and
there are a large number of namet on the list
of voters which are not on the poll book at
all. From a comparison of these various
lists it would appear that contestant's claim
that eighty-two Illegal votes were received at
this poll. The list of voters and tally-sheets
are not signed and sworn to by the commie
sioners as required by law, which fact, taken
in connection with the other matters referred
to, justifies the presumption that the returns
were fraudulent.
One of the commissioners at the fifth poll
swore that at least one-third of the white
voters of the ward did not vote; that at the
close of the count ten tallies were added to
contestee without a recount, on the claim of
his friends that a mistake had been made.
The fact that such a large proportion of the
voters did not attend the election In this
ward, In which the pnulling place was Illegally
changed, suggests the reason of the law pro
hlbltlng a change within a presoribed time.
The evidence justlitfi the presumption that a
large proportion of the legal voters in the
three wards in which the polling places were
changed did not attend the election, because
the changes do not seem to have been gener
ally known. In the interest of Justce, and as
a precedent, the law should be rigidly en
forced in this instance.
As a matter of law, all the authorltles on
the law of elections agree that, an election
held at a place other than that Ihied by law
is absolutely null, and has no legal effect
whatever-the same as an election held on a
day different from that fixed by law. If
every elector in the district had voted for
contestee on Monday Instead of Tuesday he
would not be the Senator, however apparent
it might be to the practical mind that he was
the choice of the people for that posiettlon.
Their choice must be legally expressed to
give it legal effect. Thise would be equally
true if every elector In the district had voted
for contestee on the right day, butat places
other than those fixed by legal authority. If
a part of the votes had been cast on the
wrong day or at the wrong place, supposing
the fixing to have tbeen legal and undsleputed
it is evident they could not be counted; and
the votes cast on the day and at the places
fixed by law would alone be consldered, and
the candidate receiving a majority of these
would have been elcted, and would be rec
ognized as the legal 8nmator without regard
to the Illegal votes of either class-those cast
on the wrong day or those cast at the wrong
places.
Your committee respectfully maintain and
reassert that the election In wards one, two
ยบ and live of the parish of Iberville was held
at places other than those fixed by law, and
is consequently absolutely null. No account
whatever can be legally taken of the votes
polled in those three wards, and the result of
the election must be ascertained from the re
turns from the other wards, and those from
the parish of West Baton Rouge. We hold
that it is the same as if the commissloners
had held the election at the wrong places In
those wards without any pretense of
legal authority, because the pretended ordl
nance of Octowber 25, 1879, is an absolute nulll
ty. The police jury could not legally act ex
cept by public ordinance passed in the way
lreascrbed by law, at a public meeting
egally appointed and held at the
court-house-the seat of government -
whereas this pretended ordnloance
was passed by five members of the police
jury at an Irrtegular meeting at the house of
L one of the members, six miles from the court
I house. Besides, this pretended ordinance, in
so far as it purports to change the polling
places in wards one two and five, contra
venes a prohibitory law, and according to the
well-settled Jurisprudence of this State is an
e absolute nullity-must be regarded as no or
dinance or as not having been passed at all.
r Boction 11 of act No. 58 of the extra session
Sof 1877 positively prohibits police juries from
changing polling places within six months
prior to a general election. Pollee juries only
have such powers as may be conferred upon
them by law. Surely, then, it will not be
contended that they can exercise a power
speclally withheld from them by the
I- authors of all their power-that they
can do the very thing the law prohibits them
fd rom doing says in terms they shall not do.
The recognition of such an act would be 8
e vicious precedent fraught with danger, not
d only to the purity of elections, but also to all
the important local interests that are neces
8 sarily entrusted, to a greater or less extent,
lI to police juries. If they effectually exercise
this power, which is not only not delegated,
r but actually prohibited to them, why can
they not do any other illegal act? If the
8mnate recognizes and gives effect tothese
illegal acts why should not the courts?
e The language of the law is not accidental
or ambiguous. It was clearly the intention
of the Legislature to recognizeand enforce an
important princIple of public policyto Sre
vent tne recurreuce ir a pmeun lau
been for years sapping the foundation of our
elective system. The idea underlying this
provision of our law is that the electors have
the right to know where to cast their ballots;
that the location of the polling places should
be as public, as familiarly and universally
known as the location of the court-house and
all public and governmental offices. It was
evidently contemplated that the polling
places ought to remain the same one election
after the other, so there would be no doubt in
the public mind as to their location, as other
wise we could have no assurance of a full,
fair and free vote. They therefore pio
hiite d any change within six months prior
to any general election, so as to guard as well
as practicable against a want of information
as to the location of the polling places.
Experienc in this Instance fully demon
strates the wisdom of this provision of the
law. It is well known that many voters do
not read their parish paper; tbesides, the ave
rage citizen not particularly interested in the
business usually before the police jury could
not be blamed for wantof a knowledge of the
change of the polling places In this instance,
although he might subscribe for and read the
paper in which the proceedings contained in
this ordinance was published live or six
weeks before the election, because the law
prohibits the change, and he could there
fore not reasonably be required to be
on the lohxk out for it. Be this as
It may, the evidence Ibefore us shows as a
matter of fact, notwithstanding the publica
tion of the police jury proceedings, it was
generally understood up to the day of ele2
tion that the election would be held at the
old polling places, where the two previous
elections had been held. The evidence shows
that a great many'persons went to the old
polling places to vote, and only learned of the
change by inquiring that day. It isimpracti
cable to ascertain how many electors were thus
deprived of their votes, went to the usual
places, and not finding the polls open there,
did not go to the places to which they had
been changed. Some of the most intelligent
and prominent men in the parish did not
know of the changes and went to the wrong
places or learned ot the changes on the way.
We are not actuated by any temporary con
siderations of expedience. The majority of
our committee who concur in this report be
long to the party largely in the majority In
Sthe Senate, and no political consideration re
quires that it should be strengthened at the
expense of law and justice. But we do not
think it wise or politic to affect a non-partisan
berality and retain contestee in his seat be
cause he belongs to the opposlton, which at
this time is soweak as to be harmles in the
ieatAfat the ep.ns.e oslaw and sound pci
i I our views ae Indorsed bythe Senate
it b not ptrobnbie that any otbe [email protected] J"rY
"p! -
law, with the assurance that their votes
would be counted, and any election at any
other places would be Ignored. But, if on
the contrary, you adopt the opposite view
you make a dangerous precedent, which will
unsettle all elections. Changes can and will
be made five days or live hours, as well as
live weeks, before an election, and be just as
legal. If you break down the barrier erected
by the law; if, by your votes on this contest,
you reduce the time within which such
changes can be made from six months to six
weeks, there is no reason why a future Sen
ate cannot reduce it to six dlays or six hours,
nor why any similar provision in a future law
cannot be disregarded with impunity. We
are credibly informed that the district court
has recently sustained our view in a contest
for a local office In the parish of Iberville,
where it held that the election In wards 1, 2
and 5 Is null and not to be considered, on
act uut of this illegal change of polling
places; and we are informed that the party
against whom this decision was made has
abandoned all idea of an appeal and con
cluded to acquiesce In it as good law, which
it undoubtedly is.
Considering the election returns from wards
3, 4, 6, 7 and H, parish of Iberville, and those
from West Baton Rouge, we find that the con
testant, I). C. Montan, was elected by a ma
jority of thirty-five votes; and If the sixth
poll be thrown out, on account of the frauds
and illegalities, Montan is elected by a ma
jority of 200). We therefore recommend that
he be recognized and seated as the Senator
from the Fourteenth District, and, with that
view, we recommend the passage of the ac
companying resolution.
Respectfully submitted,
I. L. LUCKETTr, c!hairman.
The report lies over, under the rules.
MES8AGE FROM TIlE HOTUSE.
The following message from the House of
Representatives was received :
Hlose OF BREPRRI NTATIVER. I
New Orleans, February 14. 180.
To the Senate of the State of Loulisana:
I am directed to inform your honorable
body that the House of Representatives has
finally passed
House bill No. 73,
An act creating a bureau of agriculture, etc.
Also, that the House has concurred in
Senate bill No. 18,
To fix the time and places for holding ses
sions of the Supreme Court of Louisiana,
SWith amendments as annexed to the bill.
Also, in
Senate bill No. 10,
An act to amend and re-enact act No. 18 of
the General Assembly of 1877, approved
March 23, 1877.
With amendments.
Thatthe Speaker of the House has signed
enrolled
House Joint Resolution,
Concerning the mouth of Red river,
And ask that the President of the Senate
affix his signature to thesame.
Respectfully,
PETER J. TREZEVANT
Clerk of the House Of Representatives.
Upon xecelpt of this message the President
of the Senate caused the
Joint Resolution
"Requesting our Senators and Representa
tives in Congress to secure the passage by the
Congress of the United States of a bill ap
propriating a sufficient sum of money for the
opening and dredging of the einel of the
mouth of Red river"
To be read by title, and affixed his signature
to It in the open Senate and without delay.
NOTICE OF BIUL.
Mr. Newton gave notice that he would on
some future day introduce a bill entitled
An act to amend and re-enact section 2045
n* tCha RnlAnidl Statutes.
01 LUUe MaVla tU 0MuMU. t
INTRODUOTION OF BILLS.
The following named Senators, under pre
vious notice, introduced the following entitled
bills, which were read the first time.
By Mr. Fontenot
Senate bill No. 70,
An act In addition to an act relative to
crimes and offenses, approved on the four
teenth day of March, 1870. t
By Mr. Demas
Senate bill No. 72,
An act to appropriate the back taxes due
any municipal corporation or parish to the 1
payment of any indebtedness against the
same, and to prescribe the evidence neces
sary to authorize a judgment to be rendered i
for said taxes.
Mr. Robertson obtained unanimous con
sent to introduce at this time the following
entitled bill:
Senate bill No. 71,
An act defining certain misdemeanors aria- 4
ing out of cruelty to animals, and prescrib
ing the punishment therefor,
Which was read the first time.
REPORT OF COMMITTEE.
Mr. Pollock, chairman of the Committee on
Printing, obtained unanimous consent to sub
mit at this time the following report:
To the President and Members of the Senate:
Your Committee on Printing, to whom was
referred
Senate bill No. 46, entitled
An act creating a printing board, and deflln
ing its duties relative to the State printing;
to the official journal of the State; to regu
late and deflue the prices of public printing,
etc.
tWith amendments, bag leave to state that
they have carefully considered the same, and
report by substitute.
Very respectfully,
JOHN F. POLLOCK, Chairman.
The substitute was read by its title, being
An act creating a printing board, and defin
ing its duties relative to the State printing;
I to the official journal of the State; to regu
late and define the prices of public printing,
and to prescribe the manner in which the
same shall be done; to regulate the manner
3 of making advertisements in judicial pro
- ceedings or sales of property under judicial
process, or in any other legal proceedings, in
all parishes; regulating the price therefor;
3 directing the manner and price at which con
tracts shall be made by police juries and
1 municipal corporations for public printing;
e providing for the binding and distribution of
all public documents, and furnishing station
1 ery for all the departments of the govern
ment of the State; and repealing act No. 49
t of 1877, and all hlws or parts of laws in con
t fllct herewith.
On motion of Mr. Pollock the substitute
was ordered to be printed.
RESOLUTION LYING OVER.
The following resolution was taken up:
n By Mr. Marston
Resolred, That a committee of three be ap
e pointed by the President to consider the ne
4t cessity of re-arranging the Senate Chamber
or removing the same to a more eligible, con
venient and agreeable hall, by which the
members can hear and be heard, see and be
Seen and have a prospect to enjoy ordinary
heath, so as to be able to perform their ar
- dousr labors; that sald committee beem
_- red7 to makeM s arra ngemet as
may deem prper, not to coet more
Mr. Fontenot demanded the yeas and nays.
The call being seconded by more than one
fifth of the Senators-elect, the roll was called,
with the following result:
Yeas--Messrs. Aby, Brian, Campbell, Cun
ningham. Davey, Estopinal, Foster Hagan,
Harris, Kidd, Luckett, Marston, Nutt, Bet
toon, Vance--15.
Nays -- Messrs. Augustin, Buffington,
(alhen, Davidson, Demas, Fontenot, Leakes,
Lucas, Newton, Parlange, Pollock, Rlard,
Robertson, Rogers, Story, Walton, Watkins
-17,
Absent--Messrs. Nunez, Stewart, Steele,
Blmmes-4.
And the resolution was not agreed to.
SE(OND READING OF SENATE BILLS.
Senate bill No. 67,
An act authorizing the Governor and At
torney General of the State to employ assist
ant counsel to represent the State In the Su
prome Court of the United States In the case
of the State of New Hampshire vs. State of
Louisiana,
Was taken up on its second reading.
On motion of Mr. Watkins the bill was or
dered to be engrossed and passed to its third
reading.
Senate bill No. 6g,
An act to define and regulate the cost and
fees of the clerks of the Supreme Court, and
cost and fees of the clerks and sheriffs
throughout the State of Louisiana, parish of
Orleans excepted,
Was read the second time.
On motion of Mr. Leake, the bill was re
ferred to the Committee on the Judiciary.
SENATE 1ILLhS ON SECOND BlEADIN(G.
Senate bill No. 11,
An act in reference to preference cases in
the Supreme and District Courts,
Was taken up under the unfavorable report
of the Committee on the Judiciary.
On motion of Mr. Robertson. consideration
of the bill was indefinitely postponed.
Senate bill No. 42,
An act making it the duty of the district
attorney for the parish of Orleans to conduct
the prosecution of crimes punishable with
death or imprisonment at hard labor for life
before the Criminal District Court for the
parish of Orleans,
Was taken up under the unfavorable report
of the Committee on the Judiciary.
On motion of Mr. Rogers, consideration of
the bill was indelinitely postponed.
Senate bill No. 49,
An act to provide for the trial of appeals
from the parish courts, and to provide for the
removal of appeals in the district courts
under the constitution of 18N into the courts
to be organized under the constitution of 1879,
and to provide for the removal of causes in
the parish courts to the courts to be organ
ized under the constitution of 1879, and to
provide for the trial thereof,
Was taken up, the Committee on the Ju
diciary having reported the samie favorably
by substitute.
On motion of Mr. Robertson the substitute
was accepted in lieu of the original bill, and
becomes
Senate bill No. 73, (
"An act to provide for the transfer of causes a
pending in the courts established by the con- s5
stitution of 1868 to the courts established by
the constitution of 1879." t
On motion of Mr. Robertson the bill was h
ordered to be printed.
Senate bill No. 62,
An act to provide for the trial and punish
ment of offenses where the penalty Is not s
necessarily imprisonment at hard labor or
death, tl
Was taken up under the favorable report of I
the Judiciary Committee, with the following h
amendments:
Amend the title by striking out the words
"and punishment" in the first and second
lines.
2. Strike out section 2 and insert: "Sec. 2.
That district attorneys may file informations
in the office of the clerk of the district court,
which said filing shall be as valid as if made
in open court."
3. Strike out section 5.
On motion of Mr. Watkins the amendments c
proposed by the committee were adopted. t
On motion of Mr. Watkins the bill was
ordered to be engrossed and passed to its 1
third reading.
Senate bill No. 6,
An act to amend and re-enact section 997 of
the Revised Statutes of 1870, in regard to
challenges of jurors In trials of criminal
cases,
Was taken up under the favorable report of
the Committee on the Judiciary, with the fol
lowing amendments:
1. In line 1i after the word "that" insert the
words "section 997 of the Revised Statutes of
1870 be amended and re-enacted so as to
read."
2. In line 3, after the word "be" insert the
words "death or."
The bill was read as amended and in full.
On motion of Mr. Watkins the amendments
proposed by the committee were adopted, and
on motion of the same Senator the bill was
ordered to be printed.
SENATE BILLS ON THIRD READIN(.
Senate bill No. 69,
An act definlng the duties of district
attorneys throughout the State, and fixing
their fees,
Was read the third time.
Mr. Watkins moved the final passage of the
bill.
The roll was called, with the following re
suit.
Yeas-Messrs. Aby Augustin, Brian, Buf
fington, Campbell, Cunningham, Davidson,
Davey, Demas, Estoplnal, Fontenot, Foster,
f Hagan, Harris Kidd, Leake, Luckett, Mars
ton, Newton, 1Nutt, Parlange, Pollock, Rlard,
Robertson Rogers, Settoon, Story, Vance,
Walton, Watkins-30.
Nay-Mr. Lucas-1.
Absent-Messrs. Cahen, Nunez, Stewart,
Steele, Simmes-5.
s And the bill was finally passed.
The title was adopted.
Mr. Rogers moved to reconsider the vote
by which the bill was finally passed, and on
his own motion the motion to reconsider was
laid on the table.
Senate bill No. 32,
r An act to amend and re-enact section 1991
e of the Revised Statutes of Louisiana.
e The bill was read the third time.
9 Mr. Rogers moved the final passage of the
bill.
a The roll was called with the following. re
IHarrie, Kidd, Leake, Lucas, Luckett. Mars
ton, Newton, Nutt, Parlange, Pollock, Rlard,
Robertson, Rogers, Settoon, Story, Vance,
Walton, Watkins-30.
Nays-None.
Absent-Messrs. Davidson, Hagan, Nunez,
Stewart, Steele, Simmes-6.
And the bill was finally passed.
The title was adopted.
Mr. Rogers moved to reconsider the vote
by which the bill was finally passed, and on
his own motion the motion to reconsider was
laid on the table.
HOUIE i1I TSL ON SECOND READINO.
House bill No. 26,
An act to fix the first terms of the district
courts under the constitution of 1879, and to
regulate the fixing by the district judges of
the subsequent terms,
Was taken up under the favorable report of
the Judiciary Committee.
The bill was read the second time and in
full.
On motion of Mr. Watkins the bill was or
dered to be road the third time.
LEAVE OF AISBENCE.
On motion of Mr. Settoon a leave of ab
sence was granted him until Monday even
ing. .
On motion of Mr. Davey leave of absence
was granted to Mr. Hagan for two days, com
mencing from Monday.
On motion of Mr. Domas a two days'
leave of absence was granted to Mr. Simmes,
commencing from Monday.
SENATE BILLS ON THIRD READING.
Mr. Parlange obtained unanimous consent
to take up on its third reading, at this time,
Senate bill No. 61,
An act establishing the term of office of
judges of the courts of appeal after the expi
ration of the term of oflice fixed by the con
stitution.
Mr. Parlange moved the final passage of
the bill.
The roll was called, with the following re
sult:
Yeas-Messrs. Aby, Augustin. Brian, Buf
fington, Cahen, Campbell, Cunningham, Da
vidson, Davey, Demas, Estopinal, Fontenot,
Foster, Harris, Kidd, Leke, Lucas, Luckett,
Marston, Newton, Nutt, Parlange, Pollock,
itlard, Robertson, Rogers, Settoon, Story,
Vance, Walton, Watkins-85.
Nays--N one.
Abeent-Messrs. Hagan, Nunez, Stewart,
Steele, Slmmes--5.
And the bill was finally passed.
The title was adopted.
Mr. Parlange moved to reconsider the vote
by which the bill was finally passed, and on
his own motion the motion to reconsider was
laid upon the table.
SPECIAL ORDER.
The hour of 1 o'clock having arrived, the
report of the Committee on Elections In the
matter of contest of J. N. Luce vs. Hon. B. F.
Brian, Twenty-fourth Senatorial District, was
taken up, with the accompanying resolution
I of the committee:
Rescred by the .9enate, That the Hon. B. F.
Brian was duly and legally elected Senator
for the Twenty-fourth Senatorial District,
antd is entitled to his seat as the member for
said district.
After the argument of counsel for the con
testant and for the sitting member was heard
Mr. Luckett moved the adoption of the reso
lution, upon which motion the yeas and nays
were ordered.
The roll was called, with the following re
t sult:
Yeas-M.essrs. Augustin, Cahen, Campbell, dl
Ounningham, Davidson Davey Demas Fon- c<
tenot, Foster, Hagan, Harris, Leake, Lucas,
Luckett, Marston, Newton, Parlange, Pol- tt
lock, Riard, Robertson, Rogers, Story,Walton,
Watkins-24.
Nays-None. a
Mr. Brian not voting.
Absent-Messrs.Aby, Bufflington, Estopinal, D
Kidd, Nunez, Nutt, Stewart, Steele, Wettoon, o
Simmes, Vance--11. o
And the resolution was adopted. a
NOTICE OF A MOTION TO RECONSIDER.
Mr. Buflington gave notice that he would,
on Monday next, move to reconsider the vote
by which the resolution in reference to the
"re-arranging or removal of the Senate Cham- I
ber" failed to pass.
On motion of Mr. Robertson the Senate ad- t
journed until Monday, February 16, at 12
o'clock m. JOHN CLEGG,
Secretary of the Senate.
HOUSE OF REPRESENTATIVES.
-
Twenty-seventh Day's Proceedings.
HousE OF REPIIESENTATIVER, )
state of Louisiana.
New Orleans, Saturday. February 14, 1880.
The House met at 12 m.
Present-Hon. IR. N. Ogden, Speaker, and
Messrs. Armstrong, Allain, Aitken, Atkins,
Barry, Baskin, Bllliu, Buchanan, Bulger,
Butler, Carros, Cosgrove, Curley, Devereaux, a
Dillard, Deibel, Dudenhefer, Essex, Farmer,
Faulkner Franz, Feazel, Hall, Hathaway,
Harris, Herring, Heldenhain, Henry, Ives,
Jackson of Natchitoches, Jackson of St.
Mary, Jones, Joffriou, Kleinpeter, Kirk, Lan
caster, Landry, Legendre, Letten, Lyons, .
Lucke, Mahoney, Miliaudon, Mixon, Morgan,
Morel, Munday, McCain, McCullough, Mc
Donald, McDowell, Newsom, Ogden, Pearce,
Phipps, Phillips, Pritchard, Pope, Pollard,
Quinn Richardsonr Roberteon, Roche, i
Schneider, St. Clair Talton, Vaughan, Verret,
Vincent, Voorhies, Weems, Wise, Williams of
Morehouse, Williams of Terrebonne, Young of 1
Iberia, Young of St. Landrv-76.
Prayer was offered by Rev. Dr. PercivaL
The journal of Friday was corrected and
approved.
RESOLUTIONS, PETITIONS AND MEMORIALS.
The Speaker presented the following com
munication.
NEW ORLEANS, February 14, 1880.
To the SBeaker and Members of the House of
Representatives:
At a meeting of the Levee Commissioners of
the Fourth Levee District, held at Port Bar
row, Ascension, February 4, 1880, the presi
dent was authorized and directed to call the
astention of the Legislature to the danger
arising from the cutting of rice flumes and
other depredations upon the public levees of
the State. The danger has been increasing
steadily since the flood of 1874 by the exten
sion of the cultivation of rice, and unless
some more forcible legislation on the subject
is enacted, it is feared that widespread ruin
to the sugar interests will necessarily ensue
at the very first recurrence of high water. It
is believed that a system of syphons could be
5 adopted to answer all the purposes of sue
cessful rie culture, and if not thin, some
ii mons should be made to have
1,,
your honorable body, and thus afortd
relief and safety prayed for.
Very respectfully
JIIENRY MCI
President Board Fourth Levee DIaMtlo
missioners.
Referreq to the Committee on Publ'bW
Lands, Levees and Ratlroadl.
The Speaker presented an lnvitat
the New Orleans Medical and S
ciation to members of the Lgisat
i are members of the medical profe.tI
tend meetings of the association, It
Natchez Alley, at 7:30 o'clock p. mti
urday.
IdEPOIRTS OF OOMM.TTUlA.
Mr. Billlu, chairman, on behalf oft
mittee on the Judiciary, reportes as'
Your committee to whom was to
following bills, beg leave toreport i
On
Senate bill No. 59
An act to provide for the trial of
caes in courts of appeal,
Favorably.
And on
House bill No. 101,
An act to amend article 52 of the
Practice,
Favorably, and recommend that
finally pass.
On
House bill No. 60,
An act authorizing parties to a
to dispense with the certificate from'
iater of Conveyances, parish of
the notary public in such oasesl
mand the certificate as requl ll
No. 2528 of the Revised Statutes,
Unfavorably.
And also on
House bill No. 72,
An act to provide for the registry
rise' bonds in the conveyance
and for the cancellation of the
of said bhonds from the mortgage
Unfavorably, and recommend t
not pass.
JNO. S. BILLIU,
Mr. Gibson, chairman, on behalf of tl
mittee on Immigration and Co
ported as follows:
To the Speaker and Members of the'
Bepresentatives:
Your committee, to whom vwm
House bill No. 4, beg leave tor
ably, with the following amen1m.'
In section 5, In line 5 after the
leans" add the words "-r sale."
In line 24, section 6, strike out t
"live cents" and insert "two cents.'
Section 7 to be so amended as to
the words "New Orleans," in line
permission is given by the ma
miller, and said permission shal
ing and duly acknowledged awn
by power of attorney, and said
torney shall be shown by any
ing erasing or changing said
and if said party altering, eras.
in fall to produce said powerof
when called upon to do so, he or
be liable to all the penaltles as
section 7 of this act.'
Your committee find no action
the memorial from citizens of te
St. Mary, as the bill of rights of
tion of 1879, which each member
is sworn to support, offers full
the security of every citizen
State. A. C. GIBSON,
Mr. Farmer, chairman, on
Committee on Ways and Means,
follows:
Your Committee on Ways and.
which was referred the message of
Nicholls, accompanying aceouunts
No. 3 and 22, extra session of 178,
That the committee has examl
accounts and find them correct,
tee recommends the approval of
in all their parts.
Respectfully submitted
W. W. FARMa R, C
On the motion of Mr. Richberdhe
was adopted, and the Clerk of the
directed to certify correctness of
counts.
, On the further motion of Mr.
the report of the Committee on
Means of February 7 was taken u
as follows:
Your committee on Ways and
ports upon the message from otr.
oils, with account of dish
contingent fund, that this committee
amined said message and accobgt
the said account to be correct
mends its approval in all its parts
Respectfully submitted
W. W. FARMER,
e On the motion of Mr. Richardson,
.. port was adopted and the Clerk of tW
was authorized to certify the ocor
i. the accounts named therein.
L2 The report of the Committee on W
Means of February 9, 1880, was 0*e re
read, as follows:
Your Committee on Ways and
which was referred the message
Nicholls, with account of dim
funds under act No. 14, of 18F9`
the said accounts have been
found correct, and approved In all
Your committee therefore r
the said accounts be approved,
Respectfully submitted,
W. W. FARMER, Oa.l
On the motion of Mr. Richard son
,d port was adopted andl the Clerk of
r, was directed to certify the corre
x, accounts named therein.
NEw ORtLEANs, February,.4.
s, To the SpeakoLer and Members of the H
I am instructed by your Comamstltg
rochial Affairs to report as follows: .
Unfavorably on a memorial for 4:;
charter and privileges on the
albany, in the parish of Livingsatoi,
reason that the legislation thereon
in violation of article 4& of the
Unfavorably on House bill No.
reason that this committee is
that the present public road law
terially improved by the passageof
Favorably on" House bill No. 7I,
following amendments:
In line 1 of title, strike out "'ertlWd
sert "misdemeanor;" and i.l line
"horse" insert the word "mUle,"i.o
*'horse or mule racing:" and in
of section 1, insert "by the General
of the State of Louisiana," and
"Senate and House of ReDree6ntah.j
State of Louisiana in General A.Ue
vened" in lines 1, 2 and 3 of same
Also, favorably on House bill No,
substitute.
Respectfully submitted
S. P. HENRY,
To the Speaker and Members of the.
Representatives:
The Committee on Public
leave to submit that they ha
amined the memorial of theteah
of New Orleans alsothememorilas
M. Bronson and Americus Fea
the State University, and find this
without any authority to act on
recommend they be referred to.m
on Claims. also, report unfav4
bill No. 71. Respectfull.
T, 3. BUI aKLER
The a

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