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The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, April 05, 1880, Image 2

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OPfFICIAL JOURNAL
- OF THU -
FIRST GENERAL ASSEMBLY
- OF THE -
STATE OF LOUISIANA.
HOUSE[ OF REPRESENTATIVES.
Sixty-fifth Day's Proceedings.
HoosU OF IrEPBRE.NTATIVER,
Htate of Louisiana,
Ncw Orleans. Thursday. April 1, I8.0.
The linuse was called to order at 11 a. m.
Pree nt--lon. R. N. Ogden, Speaker, and
Meesre. A itken. Allain. Archer, Armstrong,
A tkine, BHrry .Baskln Biiiiu, Buchanan, But
ler, Bulow Butler, Gade, Carron. Osyolle,
Jsgruv , brain, Ourley Davidson, Delbel,
Devereaux, Dickereon, Dillard, Dudenhefer,
Essex, Farmer, Faulkner Fesel Frans, Fra
sier, ardJner, Gibson, (olsan, Hall, Haney,
arris, Hathaway, Iloidenhain, Henry, Ives,
a n u St. Mary, Jackson of Natbchtoohes,
o rlou, Jones, Kavanagh Kirk, Klelopeter,
Janagter, Landry, Legendre, Letten, Lucke,
ons, Mahoney, Millaudon Mixon, Morel,
organ, Monday MoOain, !McOuliough, Mo
ald McDowell, Moleroy, Newsom, Og
of lossier Pearce Phillips, Phippe, Pol
lard, Pope, Pritchard, Quin, Blchardson,
Moberteon, Roche, Bohnlder, halfRer, Shep
herd, St. Olair Talton, Varnado, Vaughan,
~ret., Vincent, Voorbles, Weems, Williams
of Terrebonne Williams of Morehouse, Wise.
Yell, Young of Iberia, Young of St. Landry
Absent-Messrs. Herring, Btringfellow--2.
Prayer was offered by the Rev. Father Hu
The Journal of March 31, 1880, was read,
corrected and adopted.
Mr. Davidson moved to suspend the rules
In order to take up House bill No. -.
By a rising vote of 37 yeas to 29 nays the
motion to suspend the rules was not agreed
to.
SPEI(IAL ORDER OF THE DAY.
House bill No. 806,
SAn act to enforce the'provisions of the ordi
Dance of the constitution relative to the in
odebtedness of the State to its fiscal agent, by
p=roviding for the duo ascertainment and
liquidation thereof, according to the require
-ments of said ordinance, and by the issuance
of bonds of the State and Auditor's warrants
for that purpose, and by appropriating the
sum of $16,500, or as much thereof as may be
necessary, to pay the interest due the fiscal
agent up to April 1, 1880, and to appropriate
the sum of $40,000 for the purpose of paying
the bonds to mature April 1, 1881, and April 1,
1882, to pay the interest for two years on the
bonds to be issued under this act and remain
hag unpaid,
Being the special order of the day, was
taken up onx third reading and read in full.
The yeas and nays on the final passage of
the bill resulted as follows:
Yeas-Messrs. Aitken, Allain, Archer Arm
ro Baskin, Bl llu, Buchanan Bulger,
plow, Butler, arron Oayolle, bogrove,
a, Davidson, Dbel, Dickerson, Dllard,
Dunhefer EseF P Farmer, Faulkner, Fea
,el, Franz, rsaera Gardner, Gibson, Golean,
H all, Haney, Hl Hathaway, Heldenhain,
Henry,, IveJa of Natchitoches, Jack
s. of it. Mary, #olfrlon, Jones, Kavanagh,
Eirk, Klelnpetsr, Lancaster, Land Legen
drere, Letten, L1bke, Lyons, Mahbey, M1l
audon, tixon Morel, o Morgan Munday, Mc
Oaln, McCullough, McDonald, McDowell
etwlom, Ogden of Bossier, Pearce, Phippe,
oliard, ''Pops Pritchard, Quinn Richardson,
be on Rocl Schneider, 8haiffer, Shep
, . ulair, Iton, Varnado, Vaughan,
erret, Vincent, Voorhies, Weems, Williams
, Mornhouse, Williams of Terrebonne, Wise,
all, Young of Iberia, Young of St. Landry
Nays-None.
Abeent--Meseer Atkins, Batry, (ade, Our
Bey Devereaux, Herring, MoLeroy, Phillips,
Str4ngfellow--9.
Thle bill was finally passed.
The title of the bill was adopted.
Mr. Farmer moved to reconsider the vote by
.'tbloh the bill was finally passed, and on
his own motion the motion to reconsider was
laid upon the table.
BIOOND SBEBIAL ORDESR.
House bill No. 883,
An act to enable the Oitlzens' Bank of Lou
tlsana to make compromisesand settlements
With its mortgage stockholders; to enable
said stockholders to free their real estate from
aild mortgages; to secure the application of
.th amounts realized from said mortgages to
the payment of the State bonds issued in aid
of the bank, and to use the legal liabilities
-;nd necessary expenses of said mortgage
stoctk department; to increase the directors
for the State on the board of said bank, and
to oonfer on them certain duties and powers
with reference to said compromise; to pre
soribe the conditions on which this act is
Deaged and is to have effect, and to require
ald prescribe the mode In which the benefits
O4 the pht shall be accepted,
Bedig the second special order, was taken
up on second reading, under the favorable re
S pott of the Committee on Banks and Bank
, 'he bill was read in full.
Mr. Heidenhain offered the following
r amendment:
Insert at commencement of the bill:
"Whereas, due proof has been exhibited to
the Houte,in which this bill originated, that
article 48 of the constitution has been com
plied with; therefore,"etc.
The amendment was adopted.
On motion of Mr. Ogden the bill was or
dered engrossed and passed to third reading'
On motion of Mr. Ogden the above entitled
House bill No. 382 was made the special or
der of the day for to-morrow (Friday), imme
diately after the reading of the journal.
Mr. Ogden, on behalf of chairman of the
conference committee on the amendments of
the Senate to House bill No. 260, submitted
the following report:
To the SBeaker and Members of the House of
Deproees.tatlves:
Your Committee on Conference, to whom
was referri d the amendments made by the
Senate to House bill No. 260, in which the
House refused to concur, have the honor to
ines 60 and 61. amendment receded from
by Senate.
Lines 65 and 66, amendment receded from
bL Senate,
Linee 71 and 72, House concurs in Senate
anlltndnent.
Linte 93 and 94. House concurs in Senate
amendnwit.
Lines 97, 98 and 99, amendment receded
from by Senate.
Lives 103 and 104, House concurs in Senate
aneLdr.'e't.
Line 196, House concurs in Senate amend
ment.
Line 199, House concurs in Senate amend
ment.
L.ne 200, House concurs in Senate amend
ment.
Ltn- 201. House concurs in Senate amend
ment.
Line 202, House concurs in Senate amend
mebt.
L ue 299, House concurs in Senate amend
ment.
After line 336, Insertion, House concurs in
Benate a U.. xLonlnt.
Lilr.- 340 to 350, inclusive, House concurs in
Sei'ate ble tuo'thfD,.
Line 356, House concurs in Senate amend
ment.
Alrt r lih, 362, nosert after "levee fund,"
.Houe 'o.e. ula in Senate amendment
In one 381, House concurs in Senate amend
merle
After lnt 406, Insation, House concurs in
sAeate amezdment.
Lines 441 and 442, House oncurs ila Benate
amendment.
After line 451, insertion, Senate recedes
from amendment.
Line 454, House concurs in Senate amend
mont.
Line 404, Senate recedes from its amend
ment.
Line 467, House concurs in Senate amend
ment.
After line 467, first item, House concurs in
Senate amendment.
After line 407, second item, House concurs
in Senate amendment.
After line 467, third item, House concurs in
Senate amend mont.
After line 467, fourth item, House concurs in
Senate amend ment.
After line 467, fifth item, House concurs in
Senate amendment.
After line 467, sixth item, Senate recedes
from Senate amendment.
After line 407, seventh item, House concurs
in Senate amendment.
After line 407, eighth Item. House concurs
in Senate amendment.
In line 471, Senate recedes from its amend
ment.
In lines 473, 477, 479, 483, 485. 489 and 491,
Senate recedes from its amendment.
In lines 472, 478, 484 and 490, House agrees
to Senate amendment.
In lines 498 and 499, House concurs in Sen
ate amendment.
In lines 500, 501, 504, 505, 506, 507 and 508,
House concurs in Senate amendment.
After line 508, in sections, register of
voters, clerks and expenses of election, 1880,
the House concurs in the above amend
ments and respectfully recommend that the
House of Representatives adopt the report of
the committee.
W. A. ROBERTBON,
Chairman, on the part of the Senate;
MAX FRAZEL,
Chairman, on the part of the House.
The report was read in full.
On motion of Mr. Ogden the report was
adopted.
Mr. Farmer moved that the House do con
cur in the amendments of the Senate as rec
ommended by the conference committee.
The yeas and nays were ordered, and result
ed as follows:
Yeas--Messrs. Aitken, Allain, Archer, Arm
strong, Atkins, Barry, Baskin, Blillu, Bu
chanan, Bulger, Bulow, Butler Cade, Carron,
Cayolle, Cosgrove, Crain, durley, Deibel,
Dickerson, Dillard. Dudenhefer, Essex, Farm
er, Faulkner, Frazier, Gardner, Gibson Gol
san, Hall, Haney. Harris, Heidenhaln, henry,
Jackson of St. Mary, Jackson of Natchi
toches, Joifrion, Jones, Kleinoeter, Lancaster,
Landry, Legendre, Letten, Lyons, Mahoney,
Millaudon, Mixon, Morel, Morgan, Munday,
McCain, McCullough, Ogden of Bossier,
Pearce, Phillips, Phipps, Pollard, Pope,
Pritchard, Quinn, Richardson. Robertson,
Roche, Schneider, Shalffer, Shepherd, St.
Clair, Talton, Vaughan, Verret, Vincent, Voor
hies, Weemb, Williams of Terrebonne, Wil
liams of Morehouse Wise, Yell, Young of
Iberia, Young of St. Landry-80.
Nays-Messrs. Davidson, McDonald, Mc
Dowell, Newsom, Varnado-5.
Absent-Messrs. Devereaux, Feazel, Franz,
Hathaway, Herring, Ives Kavanagh, Kirk,
Luckse, MoLeroy, Stringfellow-11.
The amendments were concurred in.
Mr. Ogden moved to reconsider the vote by
which the Senate amendments were con
curred in, and on his own motion the motion
to reconsider was laid upon the table.
Mr. Farmer moved to suspend the rules in
order to take up House bill No. 249.
The motion was agreed to.
House bill No. 249,
An act to provide for the stamping or ex
change of the consolidated bonds of the State
of Louisiana, in accordance with the ordi
nance relative to the State debt,
Was taken up on second reading, under the
favorable report of the Committee on Ways
and Means.
Mr. Robertson moved to suspend the rules
in order to take up House bill No. 299.
By a rising vote of 71 yeas to 6 nays the
motion was agreed to.
House bill No. 299,
An act making the necessary appropriation
to remove the archives of the State to Baton
Rouge,
Was taken up on second reading, and re
ferred to the Committee on Appropriations.
Mr. Farmer moved to postpone further
consideration of the above entitled House
bill No. 219, until the House should finish its
consideration of the Governor's veto mes
sage on House bill No. 121.
The motion was agreed to.
SPECIAL ORDER OF THE DAY.
House bill No. 121,
An act to define the nature and prescribe
the punishment of the crime committed by
any president, director, manager or other
officer or owner of any private or public bank
in receiving deposits or creating debts after
he shall have had full knowledge of the fact
that it is insolvent or in failing circum
stances,
With the following veto message of the
Governor thereon:
EXEoUTIVE DEPARTMENT.,
State of Louisiana.
New Orleans. March 29. 1880.
To the Speaker and Members of the House of
Bepresentatives:
I return to your honorable body, without
my signature,
House bill No. 121, entitled
"An act.to define the nature and prescribe
the punishment of the crime committed by
any president, director, manager and other
officer or owner of any private or public bank
in receiving deposits or creating debt after
he shall have knowledge of the fact that it is
insolvent or in failing circumstances."
My opinion is the act is too vague and in
definite to be operative, and while I regret
my inability to approve the act, I hope the
House may see the propriety of preparing an
act which shall make effective article 247 of
the constitution.
The act submitted contemplates and pro
vides punishment for two separate and dis
tinct offenses:
First-The creation of debt or the receiving
of deposits after the knowledge of the bank's
insolvency.
Second-The creation of debt or the receiv
ing of deposits after the knowledge of the
failing circumstances of the bank.
The act creates a new statutory offense.
and in order to properly understand and
interpret the act it becomes necessary to de
fine "insolvency," and for its proper defini
tion we must look to the general body of the
law. Insolvency has no fixed meaning at
common law and is susceptible of various
definitions. Under article 1985 of the Civil
Code of Louisiana, treating of fraud and the
avoidance of contracts, insolvency is thus de
fined: "By being in insolvent circumstanoes
is meant that the whole property and credits
are not equal in amount, at a fair appraise
ment, to the debts due by the party." * * *
And our Supreme Court, in construing this
article, has said: "The fact that a party is
not able to satisfy all his debts with ready
money is no proof of insolvency." 20 La.
Annual Rep. 143.
Mr. Justice Field, of the Supreme Court of
the United States, in Toaf vs. Martin, 13 Wal
lace Rep., p. 40, said : "The term insolvency
is not always used in the same sense; it is
sometimes used to denote the insufficiency of
the entire property and assets of an Indivi
dual to pay his debts. This is its general
and its popular meaning. But it is also used
in a more restricted sense to express the in
ability of a party to pay his debts as they
become due in the ordinary course of bust
ness." In which sense is the word insolvency
used in the act? In its enlarged and popular
meaning or in its limited and restricted
sense? This the act does not disclose. The
term insolvency as used in the act being in
determinate and uncertain, prompts me,
after grave consideration, to withhold my
approval.
Third-The same reasons apply with more
cogency to the second part of the act, making
it an offense to receive deposits or create
debts, the bank being in "faling oircum
stances.," The expreeston "fa'llg drcum
stances" is entirely too vague and Indefinite,
and is without any definition at common law
or by any statute of this State, and its mean
ing is not fixed or determined by the act
under consideration.
Very respectfully,
LOUIS A. WILTZ, Governor.
Being the special order of the day, was
taken up.
The question was put, "Shall the bill pass,
the objections of the Governor to the con
trary notwithstanding ?"
The yeas and nays were ordered, and re
sulted as follows:
Yeas--Messrs. Buchanan, Curley, David
son, Deihel, Devereaux, Dillard, Gardner,
Golsan, Henry, Jackson of St. Mary, Jackson
of Natchitoches, Jones, Kleinpeter Letten,
Lyons, Mahoney, Mixon, McDonald, New
som, Pearce, Pope, Richardson, Shepherd, St,
Clair, Vaughan, Verret, Voorhies, Wise, Young
of Iberia, Young of St. Landry-31.
Nays-Messrs. Allaln, Archer, Armstrong,
Atkins, Baskin, Billlu, Bulow, Butler Cande,
Carron Cayolle, Crain, Dickerson, Duden
hefer, Essex Farmer, Faulkner, Hall, Haney,
Hathaway, Heidenhain, Joffrion, Kirk, Lan
dry, Legendre, Millaudon, Morel Morgan,
Munday, MoCain, McCullough, ý`4cDowell,
Ogden of Bossier, Phillips Phlip, Pollard,
Pritchard, Robertson, Roche, Shlifer, Tal
ton, Varnado Vincent, Weems, Williams of
Terrebonne, illiams of Morehouse, Yeli-48.
Absent-Meeesrs. Barry, Bulger, Feazel,
Franz, Frazier, Gibson, Harris, Herring,
Ives, Kavanagh, Lancaster Lucke, McLeroy,
Quinn Schneider, Stringfellow-16.
Not having received the constitutional ma
jority, the bill failed to pass.
House bill No. 153,
An act to extend the time of prescription of
debts due the Poydras fund of the parish of
West Baton Rouge for the term of thirty
years,
Was taken up, with the following veto mes
sage of the Governor thereon:
ExecuTrva DEPARTMENT. 1
State of Louisiana.
New Orleans, Maron 29. 1880.
To the Bpeaker and Members of the House of
Representativese:
I return to your honorable body without
my signature
House bill No. 153, entitled
An act to extend the prescription of debts
due the Poydras fund of the parish of West
Baton Rouge to the term of thirty years.
This act is, in my opinion, violative of arti
cle 46 of the constitution, prohibitory of local
or special legislation in certain cases. Article
46 provides:
Sthe General As .,ol bly shall not pass any
local or special law on the following specilled
objects: F Granting to any corporation, asso
ciation or individual any special exclusive
right, privilege or immunity,"
This l a positive and absolute prohibition
directed to the Legislature from granting
any special or exclusive right, privilege or
Immunity to any corporation, association or
individual.
The extension or enlargement of the time
necessary to prescribe a debt due to any par
ticular person or persons, association or cor
poration, which enlarges or curtails the
period of time determined by the general
laws of the State and the statutes governing
prescription, is an immunity or privilege en
Joyed by a particular individual, association
or corporation, the grant of which is not poe
sible under the constitution.
Very respectfully,
LOUIS A. WILTZ, Governor.
The question was put, "Shall the bill pass,
the objections of the Governor to the con
trary notwithstanding?"
The yeas and nays were ordered and re
sulted is follows:
Yeas-Messrs. Pope, Robertson-2.
Nays-Messrs. Allain, Archer, Armstrong,
Barry, Baskin, Billu, Buchanan, Bulger,
Bulow, Butler, Cads, darron, Crain, Curley,
Davidson, Delbel, Devereaux, Dickerson, Dil
lard, Dudenhefer, E=sex, Farmer, Franz, Fra
zier, Gardner, Gibson, Golsan, Hall, Haney
Harris, Hathaway, Heidenhaln, Jackson of
St. Mary, Jackson of Natchitoches, Jof
Irlon, Kirk, K lelnpeter, Lapeaster, Landry,
Legendre, Letten, Lucke, Lyone, Mahoney,
Millaudon, Mixon, Morel, Morgan Munday,
McCain, McCullough, McDonald, McDowell,
McLeroy Newsom, Pearce, Pnlpps, Pollard,
Prltchard, Quinn, Richardson, Roche, Schnei
der, Shalffer, Sheoherd, St. Clair, Talton,
Varnado, Vaughan, Vincent, Voorhies,Weems,
Williams of Terrebonne, Williams of More
house, Wise, Yell-73.
Absent-Meesrs. Aitken, Atkins, Cayolle,
Coegrove Devereaux, Faulkner, Feazel
Henry, Herring, Ives, Millaudon, Ogden of
Bossier, Phillips, Stringfellow Verret,
Weems, Young of Iberia, Young of St. Lan
A rn_']!1
dry- jU.
Not having received the constitutional ma
jority, the bill failed to pass.
On motion of Mr. Farmer the House re
solved itself into a committee of the whole to
take into consideration
House bill No. 249,
An act to provide for the stamping or ex
change of the consolidated bonds of the State
of Louisiana, in accordance with the ordi
nance relative to the State debt.
HOUSE BUSINESS RESUMED.
The committee on rising reported through
its chairman, Mr. Robertson, that they had
had under consideration the above entitled
House bill No. 249, and recommends the
adoption and passage of the bill.
On motion of Mr. Farmer the recommenda
tions contained in the report of the commit
tee were adopted.
On motion of Mr. Farmer the bill was or
dered engrossed and passed to third reading.
On motion of Mr. Henry, and under a sus
pension of the rules,
House bill No. 257,
An act to enforce the provisions of the ordi
nance of the constitution entitled "Loan by
Fiscal Agent," and to provide for the pay
ment of the certiflcates of indebtedness is
sued for said loan, and to appropriate $30,000,
or so much thereof as may be necessary, for
that purpose,
Was taken up on second reading, under the
favorable report of the Committee on Appro
priations, with the following amendment:
In section 1, strike out "thirty thousand"
and insert "twenty-seven thousand."
On motion:of Mr. Henry the House resolved
itself into a committee of the whole to take
into consideration the above entitled House
bill No. 257.
HOUSE BUSINESS RESUMED.
The committee on rising reported through
its chairman, Mr. Farmer, that they had had
under consideration the above entitled House
bill No. 257, and recommended the adoption of
the above amendment, offered by the Com
mittee on Appropriations, and that the bill as
amended be ordered engrossed and passed
to third reading.
On motion of Mr. Farmer the recommen
dations of the committee of the whole were
adopted.
The bill was ordered engrossed and passed
to third reading.
On motion of Mr. Henry, and under a sus
pension of the rules,
House bill No. 258,
An act to enforce the provisions of a por
tion of ordinance 267 of the constitution, and
to provide for the payment of vouchers issued
by the chairman of the Committee on Con
tingent Expenses of the Constitutional Con
vention, and to appropriate $4000, or so much
thereof as may be necessary,
Was taken up on second reading, under the
favorable report of the Committee on Appro
priations.
On motion of Mr. Henry, the House re
solved itself into a committee of the whole
House to take into consideration the above
entitled House bill No. 258.
HOUBE BUSINESS RESUMED.
The committee of the whole on rising re
ported through its chairman, Mr. Pope, that
they had had had under consideration the
above entitled House bill No. 2i8, and recom
mends to the House the adoption and passage
of the bill.
The report was received and adopted.
The bill was ordered engrossed and passed
to third reading.
MESSAGER FROM THE SENATE.
The following messages were received from
the Senate:
SENATE OHAMIBER,
New Orleans, April I. 180).
To the Speaker and Members of the House of
liepresentati yes:
I am directed to inform your honorable
body that the Senate has concurred in and
adopted the report of the committee on con
ference the amendments by the Senate to
House bill No. 260,
An act making appropriations to pay the
general expenses of the State government, to
pay the interest on the public debt, etc.
Respectfully, JOHN OLEGG,
Secretary of the Senate.
SENATE CHAMBER,
New Orleans. April 1. 1880o.
To the Speaker and Members of the House of
Representatives:
I have the honor to present duly enrolled
Concurrent Resolution
Requesting our Senators and Representa
tives In Congress to use their best endeavors
to secure th. passage by Congress of a bill
appropriating $100,000 for the purpose of
cleaning out and opening Bayous D'Arbonne,
Bartholomew, Btruf, Macon, Roundaway and
Vidal in North Louisiana,
Which has been signed by the Lieutenant
Governor and President of the Senate and to
request the Speaker of the House of Repre
sentatives to affix his signature thereto,
Respectfully, JOHN CLEGG,
Secretary of the Senate.
The above entitled concurrent resolution
was read to the House and signed by the
Speaker without delay.
sENATE CHAMBER,
New Orleans. April 1. 1880. I
To the Speaker and Members of the House of
Representatives:
I have the honor to present duly enrolled
Senate bill No. 129.
An act empowering police juries to declare
hedges and fences made of pouts, planks and
barbed wire to be lawful, and em owering po
llce juries to authorize the use of the same,
Which has been signed by the Lieutenant
Governor and President of the Senate, and to
ask the Speaker of the House of Representa
tives toaffix his signature to the same.
Respectfully, JOHN A. SMITH,
Assistant Secretary of the Senate.
The above entitled Senate bill No. 129 was
read to the House by its title, and signed by
the Speaker without delay.
SENATE CHAMBER.
New Orleans. April 1. 1880.
To the Speaker and Meombers of the House of
Representatives:
I have the honor to present duly enrolled
Senate bill No. 134,
An act relative to the payment of costs of
court in contested election cases and in cases
in which the right to an office is claimed.
Also
Senate bill No. 2,
Joint Resolution requesting the Senators
and tRpresentatives from the State of Louis
iana in the Congress of the United States to
use their influence to have article 14 of the
Statutes of the United States amended, so as
to change the time for the election of United
States Senators to the sessions of the General
Assemblies next preceding the time at which
such Senators are to take their seats in the
Senate of the United States,
Which have been signed by the Lieutenant
Governor and President of the Senate and to
ask the Speaker of the House of Representa
tives to affix his signature to the same.
Also to inform your honorable body that
the Senate has finally passed and asks your
concurrence in
Senate bill No. 210,
An act to provide for the stamping or ex
change of the consolidated bonds of the State
of Louisiana. In accordance with the ordi
nance relative of the State debt,
And
Senate bill No. 223,
An act to enable the Citizens' Bank of Lou
isiana to make compromises and settlements
with its mortgage stockholders; to enable
said stockholders to free their real estate
from said mortgage; to secure the applica
tion of the amounts realized from said mort
gages to the payment of the State bonds Is
sued in aid of the bank, and to the legal lia
bilities and necessary expenses of said mort
gage stock department; to increase the di
rectors for the State on the board of said
bank, and confer on them certain duties
and powers with reference to said compro
mises; to prescribe the conditions on which
this act is passed and is to have effect, and to
require and prescribe the mode in which the
benefitsof the act shall be accepted.
Also to inform you that the Senate concurs
in House amendment to
Senate bill No. 84,
An act relative to clerks of district courts,
•x officio parish recorders of conveyances,
mortgages and other acts, and ex ofcEio
notaries public, and to the official bonus to
be furnished by them, the parish of Orleans
excepted.
Respectfully,
JOHN CLEGG, Secretary.
The above entitled Senate bills Nos. 2 and
134 were read to the House by their titles and
signed by the Speaker without delay.
MESSAGE FROM THE GOVERNOR.
"The following message was received from
the Governor:
EXECUTIVE DEPABTMENT.
8tatr of Louisiana.
New Orleans. April 1. 1880.
To the Speaker and Members of the House of
Representatives:
I have the honor to inform your honorable
body that his Excellency the Governor has
this lay approved and signed House bill
No. 73.
Very respectfully
P. MALOCHEE,
Private Secretary.
On motion of Mr. Phillips, and under a sus
pension of the rules,
House bill No. 184,
An act to create the Fourth City Court of
New Orleans, and defining its jurisdiction;
fixiag and providing for its location, and the
salaries of its officers and manner of their
payment; defining qualifications of its judge,
clerk and constable, and providing for their
appointment and the election of their suc
cessors; and providing for the transfer there
to of certain cases from the Seventh and
Eighth Justices and the Third District Courts
of the parish of Orleans,
Was taken up.
This bill comes from the Senate with the
following amendments:
In section 5, strike out all from "shall," in
line 25, to "they," in line 31, inclusive.
In title amend as follows:
Strike out all after "payment," line 7, and
insert "providing for the appointment of the
judge, clerk and constable of said court, and
for the election of their successors."
On page 3, line 7, strike out "New Orleans"
and insert "the parish of Orleans."
Mr. Phillips moved that the House concur
in the amendments of the Senate.
The yeas and nays were ordered and re
sulted as follows:
Yeas-Messrs. Aitken, Archer, Armstrong,
Atkins, Barry. Baskin, ulger, Bulow, But
ler, Cade, Carron, Cayofle, Cosgrove, Crain,
Curley, Davidson, Deibel, Dickerson, Dillard,
Dudenhefer, Essex Farmer, Faulkner, Feazel,
Franz, Frazier, Gardner, Gibson, Golsan,
Hall, Haney, Harris, Hathaway, Heidenhain,
Henry, Ives, Jackson of St. Mary, Jackson
of Natchitoches, Joffrion, Jones, Kavanagh,
Kirk, Kleinpeter, Landry, Legendre Lyons,
Mahoney, Millaudon Mixon, Morel, Morgan,
Munday, McCain, McDonald, McDowell. Mc
Leroy, Newsom, Phillips, Pollard, Pope,
Pritchard, Quinn, Richardson, Robertson,
Boche, Schneider, SBhaiffer, Slepherd, St.
Ol-.r, Talt,, VYamado, Vaughan, Vere.t,
Vincent, Voorhles, Williams of Terrebonne,
Williams of Morehouse, Wise, Yell, Young
of Iberia, Young of St. Landry-81.
Nays-Mr. Letten-1.
Absent-Messrs. Allain, Billiu, Buchanan,
Devereaux, Herring, Lancaster, Lucke, Mc
Cullough, Ogden of Bossier, Pearce, Phipps,
Weems, Strinafellow-13.
The amendments of the Senate were con
curred in.
Mr. Philllips moved to reconsider the vote
by which the amendments were concurred in,
and on his own motion the motion to recon
sider was laid upon the table.
Mr. Kavanagh moved to suspend the rules
In order to take up Senate bill No. 125.
By a rising vote of 27 yeas to 38 nays the
motion to suspend the rules was not agreed
to.
Under a suspension of the rules Mr. Feazel,
chairman, in behalf of the Committee on Ap
propriations, submitted the following report:
To the Speaker and Members of the House of
Representatives:
Your committee to whom was referred the
petition of P.;McNamara, beg leave to report
that the State is not indebted to said P. Mc
Namara, said petition not setting up any
claim against the State.
House bill No. 277, returned with recom
mendation that It be referred to the Commit
tee on Corporations.
On House bill No. 194, favorably, by sub
stitute.
On memorial of the school teachers of the
public schools, city of New Orleans, returned
without action, a bill having been introduced
before the House providing for the relief
asked for.
On House bill No. 163, returned without
action, for the reason that the appropriations
already made are in excess of the revenue of
the State.
Respectfully submitted.
MAX FEAZEL, Chairman.
To the Speaker and Members of the House of
Representatives:
Your committee, to whom was referred
House bill No. 299, beg leave to report the
same favorably, with amendments:
Strike out section 2 and insert a new section
herewith; also strike out section 3.
MAX FEAZEL, Chairman.
Mr. Pope moved to suspend the rules in or
der to take up House bill No. 305.
By a rising vote of 54 yeas to 9 nays the
motion was agreed to.
House bill No. 305,
An act to provide for the protection and
preservation of completed public levees in
conjunction with the police juries of several
parishes of this State; to prescribe the man
ner in which levees may be cut for rice
flumes, roads and machinery, and to provide
means for the payment of the expenses at
tending this work, and to provide penalties
and punishments for the violation of the pro
viosions of this act and for violations of paro
chial ordinances made In comformity with
this act,
Was taken up on third reading.
The bill was read in full.
Mr. Faulkner moved the previous question
on the final passage of the bill, which was
seconded by the House.
The yeas and nays on the final passage of
the bill resulted as follows:
Yeas-Messrs. Aitken, Archer. Armstrong,
Atkins, Baskin, Billiu, Bulger, Butler,
Cade, Carron, Cayolle, Cosgrove, Crain,
Curley, Davidson, Deibel, Devereaux, Dil
lard, Dudenhefer Essex, Farmer, Faulkner,
Feazel, Franz, Gibson, Golsan, Hall, Haney,
Hathaway, Henry, Ives, Jackson of
Natchitoches, Joffrion, Jones, Kavanagh,
Kirk, Kleinpeter. Lancaster, Landry, Letten,
Mahoney, Millaudon Mixon, Morel, Mun
day, McCain, McCullough, McDonald, Mc
Dowell, McLeroy, Newsom, Ogden of Bos
sier, Pearce, Phlpps, Pope, Pritchard,
Quinn, Richardson, Robertson, Roche,
Schneider Sheph rdI, St. Clair, Talton,
Vaughan,'Vincent, Voorhies, Weems,Wllllams
of Morehouse, Wise Young of Iberla-71.
Nays-Messrs. Allain, Bulow, Dickerson,
Frazier, Gardner, Heldenhain, Jackson of St.
Mary, Legendre, Pollard, Shaiffer, Verret,
Williams of Terrebonne-12.
Absent- .esers. Barry, Buchanan, Harris,
Herring, Lucke, Lyons, Morgan, Phillips,
Stringfellow, Varnado, Yell, Young of St.
Landry-12.
The bill was finally passed.
The title of the bill was adopted.
Mr. Faulkner 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.
Mr. Allain moved to suspend the rules in
order to take up House bill No. 256.
By a rising vote of 52 yeas to 15 nays the
motion to suspend the rules was agreed to.
House bill No. 256,
An act to establish in the city of New Or
leans a university for the education of per
sons of color, to provide for its proper gov
ernment, and to make an appropriation for
its maintenance and support,
Was taken up on second reading, under the
favorable report of the Committee on Public
Education, with amendments.
On motion of Mr. Farmer, the House re
solved itself into a committee of the whole
to take into consideration the above entitled
House bill No. 256.
HOUSE BUSINESS RESUMED.
The committee on rising reported through
its chairman, Mr. Vincent, that they had had
under consideration the above entitled House
bill No. 256, and recommends that
Senate bill No. 163,
An act to establish in the city of New or
leans a university for the education ot per
sons of color; to provide for its proper gov
ernment, and to make an appropriation for
its maintenance and support,
Be tgken up in lieu thereof.
Mr. Allain moved that the rules be sus
pended and that the above entitled Senate bill
No. 163 be taken up.
The motion was agreed to.
Under a suspension of the rules the bill was
taken up on first reading and passed to sec
ond reading.
SPECIAL ORDER.
Senate bill No. 116,
An act to amend and re-enact sections 7 and
8 of act No. 33 of the General Assembly of
1879, being entitled "An act to repeal act No.
5 of the extra session of 1878; to create a
Board of State Engineers; to define their
powers and duties; to levy a tax of one mill
for levee and public improvement purposes;
to divide the State into levee districts; to pro
vide for the appointment of boards of levee
commissioners therefor, and to prescribe their
duties and powers; to authorize the imposi
tion of a district levee tax, not to exceed live
mills on real estate and taxable property; to
vest the control of levees and completed pub
lic works th'oughout the State in police
juries; and to impose certain anuties on the
Governor of the State,
Being the special order of the day, was
taken up on second reading under the favor
able reportof the Committee on Public Works,
Lands, Levees and Railroads, Iwith the fol
lowing amendments:
At the end of enumeration of parishes
e, mposing the fourth district, at the end of
the third line, third page, insert, "Provided
nothing in this act shall be construed as
interfering with the Fordoche and Grosse
Tete Special Levee District Company, which
shall remain as established by acts of the
Legislature of this State, No. 78, approved
April 1,1876; No. 46, approved April 30, 1877,
and No. 121, approved April 30, 1877, which
said company shall continue to have and en
joy all the rights and privileges conferred
upon the same by said acts.
On motion of Mr. Faulkner the House re
solved itself into a committee of the whole
house to take into consideration the above
entitled Senate bill No. 116.
HoUSE BUSINESS HESOMED.
The committee on rising reported through
its chairman, Mr. Richardson, that they had
had under consideration the above entitled
Senate bill No. 116, and recommends to the
House that the bill be amended as follows:
In line 10. strike out the word "seven," and
insert in lieu therein, after the word "dis
tricts," the words "and sub-districts as
herelnafter described."
in line 46, strike out the word "and;" strike
out "part of Richland" and insert "all of
Rlchland."
In line 73 insert after the word "Catahou
la," "to Include that part of Catahoula par
Ish east of the Ouachita river, excluding all
the hill portion of Catahoula parish from the
operation of this bill."
In line 38 paragraph S, insert "excluding
all the hill portion of daldwell parish and
west of Ouachita river."
MR. OODEN'S AMENDMENT.
Strike out all in lines 76 to 79 Inclusive, and
insert: "For the parishes of Caddo, Bossier,
Red River, De Soto, Natohitoohes and Rap
ides no board of levee commissioners shall
be appointed; but each of said parishes shall
form a separate sub-district, and in each of
these sub-districts the police jury shall dis
charge separately for their own parish the
duties assigned to boards of levee commie
aloners in the ooter districts; and they are
hereby empowered to act separately or
Jointly when public levees are to be erected
by authority of the police jury of either of
said parishes; and the board of State en
gineers shall, if required, furnish plans and
speeciflcations of the work, and shall annu
ally apply at least five per centum of the
levee or general engineers' fund to the build
ing of levees within some one of the said
parishes to be determined by the said
ard of engineers by the importance and
urgency ol the work required to be done; and
that the Board of State Engineers is hereby
directed to make a survey and examination
of the country on the east bank of Red river
lying In the southern portion of the parish of
Bossier, between said river and Lake Biste
neau, and including the tributaries of said
lake. The object of said survey shall be to
determine whether by the leveeing of the
various bayous flowing out of Red river
through its east bank, in the southern por
tion of said parish, the navigation in Lake
Bleteneau will be interfered with or dimin
ished.
That said survey shall be completed on or
before the first of August, 1880, and a report
thereon be made to the Governor. If said re
port should show that no material damage or
interference would result to the usual navl
gation in Lake Blsteneau by the closing or
leveeing of any or all of said described
bayous, and that on the contrary a large body
of productive lands would be thereby re
claimed for agricultural purposes, then and
in that case the Governor of the State shall
be and is hereby authorized to empower any
association of Individuals to prooeed with
such work, or any portion of it, as may have
been recommended in the report of the Board
of Engineers, to furnish the lines and levels
for said work, and after its completion the
same shall become and form a part of the
public levees of the State.
And that the bill as amended be adopted.
The report was received.
On motion of Mr. Kavanagh the recom
mendation contained in the report of the
committee were adopted.
On motion of Mr. Williams, of Morehouse,
the bill was passed to its third reading.
Mr. Ogden moved to reconsider the vote by
which the bill was passed toits third reading,
and on his own motion the motion to recon
sider was laid upon the table.
On motion of Mr. Devereaux, and under a
suspension of the rules,
House bill No. 266,
An act to provide for present and future re
pairs to buildings belonging to State Peni
tentiary,
Was taken up on third reading and read in
full.
The ye~s and nays on the final passage of
the bill resulted as follows:
Yeas-Messrs. Allain, Archer, Armstrong,
Baskin, Billiu, Buchanan Bulger, Bulow,
Cade, Carron, Cayolle, osgrove, Deibel,
Devereaux, Dickerson, DUlard, Dudenhefer,
Essex, Farmer, Faulkner, Feazel, Franz,
Frazler, Gardner, Gibson, Golsan Hall,
Haney, Harris, Hathaway, Heldenhain
Henry, Ives, Jackson of St. Mary, Jackson of
Natchitoches Joffrion,Jones, Kavanagh, Kirk,
Klelonpeter, Lancaster, Landry, Legendre,
Letten, Lyons, Mahoney, Mlliaudon, Mixon,
Morel, Morgan, Munday, McCain, McCul
lough, McDonald, McDowell McLeroy, New
som, Ogden of Boseier, Plerce, Phillips,
Phipps, Pollard, Pritchard, Quinn Robert
son, Roche, Schneider, Shalffer, Shepherd,
St. Clair, Talton, Varoado, Vaughan, Verret,
Voorhies, Weems, Williams of Terrebonne,
Williams of Morehouse, Wise, Yell, Young
of Iberia, Young of St. Landry--82.
Nays-None.
Absent-Messrs. Aitken, Atkins, Barry,
Butler, (ratn, Curley, Davidson, Herring,
Lucke, Pope, Richardson, Stringfellow, Vln
cent-1i.
The bill was finally passed.
The title of the bill was adopted.
Mr. Devereaux 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,
On motion of Mr. Farmer, and under a sue
pension of the rules,
Senate bill No. 16i,
An act to provide for the establishment of
an insane asylum of the State of Louisiana,
to be located in the city of Natchitoches, and
to provide for the administration thereof,
Was taken up on second reading, read by its
title, and under further suspension of the
rules the bill was referred to the Committee
on Appropriations.
Senate bill No. 210,
An act to provide for the stamping or ex
change of the consolidated bonds of the State
of Louisiana, in accordance with the ordi
nance relative to the State debt,
Was taken up on second reading, read by its
title, and under a further suspension of the
rules the bill was referred to the Committee
on Ways and Means.
On motion of Mr. Farmer, and under a sus
pension of the rules,
House bill No. 299,
An act making the necessary appropria
tion to remove the archives of the State to
Baton Rouge,
Was taken up on second reading, under the
favorable report of the Committee on Appro
priations, with the following amendments:
Strike out sections 2 and 3.
Insert in lieu of section 2 the following:
Be it enacted, etc., That the Governor is
hereby authorizec to draw on his own war
rants amounts sufficient to pay all expenses
incurred in moving the archives of the State
to Baton Rouge out of any funds of the State
not otherwise appropriated; provided the
amount shall not exceed four thousand dol
lars.
On motion of Mr. Farmer the House re
solved itself into a committee of the whole in
order to take into consideration the above en
titled House bill No. 299.
HOUSE BUSINESS RESUMED.
The committee, on rIsing, reported through
its chairman, Mr. Billiu, that they had had
under consideration the above entitled House
bill No. 299, and recommends to the House the
adoption of the above amendments recom
mended by the Committee on Approprlr

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