St. Landry democrat., March 02, 1878, Image 1

About St. Landry democrat. (Opelousas, La.) 1878-1894

Image provided by: Louisiana State University; Baton Rouge, LA

                
ST. LANDRY DEMOCRAT.
ImL ID KAVANAGH, Editor.
TERMS FOR SUBSCRIPTION.
one dollar asd Fiftv Cents . a year, in ad- j
vance The year can be begun at auy time, as |
Srty-two numbers or tlie paper make a year s j
subscription.
AGENTS OF THE DEMOCRAT:
D. P. Salzan Barre'« Landing ]
Capt. Sam. Huas Bavou Chicot |
V i Hicks » ille Plate 1
Leopold Godchanx ..BigCane j
Abraham Richard...
Dr. J. F. Lester......
Henry Wood worth.
Mentor Arnims
Foreman & Dusou ..
Andrew Henry
T. C. Chaeuere
Jos Fabacher
j. D. Bernard
E. C. Roper
B. 8. Gay
M. J. l.osteet
The.gentlemenabove named are our agents
„id as such requested to solicit subscriptions.
M. D. KAVANAOH,
EiHior.
ChurchviHc
Ci, Petit Prairie
Washington
Grand Coteau
Plarçueiuine Bruleé
Mermento
Prud'homme City
Fabacher P. O
Ponpeville
Amaudville
Bayou Bœuf
Lake Charles
0PEL0U8A SATURDAY, MABCH 2 9 18<H.
The Rev. E. Cltfer will preach in the
Masonic Hull, at tW» place, next Sab
bath, March 3d, at il o'clock A, M., and
8 o'clock P. M.
We call attention of our readers to
advertisement of the Diebold Safe and
Lock Company. These safes are fin
aud burglar proof and we take pleas
ure in recommending then» t<» the public.
We.call special attention to act No.
38 of the regular session of thtr Legis
lature, published in another column.
Thou slialt not steal says the divine
law. If thon dost steal says the State
law, thou slialt work on the public
roads instead of going to the peniten
tiary as heretofore.
On last Sunday evening, an old man
75 years of age residing on the plan
tation of Pierre Siinms in Prairie Laur
ent, accidentia killed a colored girl ten
years old, by the premature discharge
of his gun. . Justice Veazie, in the ab
sence of the Coroner, held an inquest,
thejuiy rendering a vet diet in accor
dance with the above fact. Simon Jerry,
the party in whose hands the gnn was
discharged, had delivered himself up
to the Sheriff, who released him, no
charge having been made »gainst him.
To illustrate the operation of the pro
posed amendments to the Constitution
in cutting down expenses, we will take
that proposing biennial session of the
.Legislature—a tixed salary of $500 per
gr.mqon to the members i.ud limiting
their traveling expenses te» expenses
necessarily incurred by shortest route.
Underact No. 11 of 1872 eaehVnember
of the Législature was allowed 20 cent«
per mile, ^acli way, going and coining.
Eight dollars per day, for each day ;
thirty miles were considered as a days
travel, and t.he distance from Opelousas
to New Orleans, fixed at400 miles. Un
der the operation of this statute our two
Senators and fi ire members of the Leg
islature would receive for mileage going
and coming $160 each or $1120 lor all.
In addition they are allowed 26£ days
to go and return (four days Is enough)
at eightdollars per diem, making$233.33^
g:acli or an aggregate of $1633.33$. This
a.ided to the $1120 for mileage makes
the t"tal mileage and per diem allowed
them <>» the road whilst going and com
ing $;V53.33i.
Now i'mw much do you suppose gentle
reader a ud restive taxpayers, these
same seven* members would get under
the propose.* amendment? Why they
will get about $70.00, thus reducing
that head of expenditure just $2683*;
and then instead of going every year
as now they will «,'nly go once every
two years.
On the 25th all preliminary motions
having been disposed of ,Geu. T. C.
Anderson wassailed to the» bar of the
Superior Criminal Court to receive
sentence.
Says the N. (X Democrat of the 26th :
M.iking a motion with his hand the
Judge requested Anderson to stand up,
and then addressing 4iiiu «aid, " have
yot^auy reasou or anything t.i say. why.
the sentence of the law should not
now be passed upon you ? "
Anderson showed much excitement
and could hardly speak, but after con - |
sideruble effort, and with much evidence
of anger said: "Sir you are about to
act upon the finding of twelve persous.
I am in your power. God knows that I
am innocent of the charge. This is a
cruel persecution under the powers of
law. I am ready to receive your sen
tence. 1 '
Judge Wliitnker replied as follows:
" I think the action of the Grand Jury,
and the law officers tdHlie State, and of
the Jury who sat on your trial and the
»Court, that presided upon it, was fully
justified by the evidence, aud I have
seen no iudicaiiou of any attempt at
persecution.
I think the verdict rendered was in
accordance with the evidence adduced
on the trial ; that yon had a fair trial by
a Jury impartially selected, from the
good people of this State. Considering
the verdict of the jury, and their re
commendation to the mercy of the Court,
under section 838 of the Revised Statute,
I sentence you to two years at hard la
bor in the penitentiary, aud to pay the
costs of this piosecution. Anderson
was remanded to prison. His counsel
Mr. H. C- Castellano8 then moved for
an appeal to the Supreme Court, which
was granted and made returnable Wed
nesday.
In the cast? of tlie State vs. J. Matt
Wells, jointly indicte«^ with Anderson,
on motion Jno. Ray of counsel, an ap
plication for a transfer of the case, to
the U. 8. Circuit Court was filed. The
ground of the application was that there
was conspiracy litre to convict him, and
that justice could not be neted out to
liiro iB the State Superior Criminal Court.
Tlie application was set down for trial.
He appeared to be almost gone. Roll
ing his eyes toward the partner of his
bosoiu, he gasped : " Bury me 'ueath
til» woepiug willow, and plant a simple
white rose above my head"—"Oil, its
no use," »he snapped out. " Your muse
jvouki scorçh tbç roots r He got well. 1
VOLUME 1.
OPELOUSAS, LA., SATURDAY, MARCH 2, 1878.
NUMBER 7.
Mr. J&idd's Bill.
an act to take the sense of the
FhOPLE ok the state ox the ques
tion of holding a constitutional
convention, etc.
An act to take the sense of tlie people
of liiis Stale on the question ol hold
inn a constitutional cOnveutioii of the
people ot tlie State of Louisiana, liy
election and providing tor tlie eiecliou
ut delegates to such convenu ion (if or
dered Oy the people;) to provide the
tune fStJd method of such election,and
tor the returns aud promulgation of
the result thereof ; to prescribe the
duties ot certain officers in the prem
ises; to designate the time, place aud
mode id' organizing t-uch convention,
tiie oath ot its nieinbeis", apportioning
the representation by ueiegates in
said conveinion, among the several
panslies; prmidiug loi the maimer ot
compensation of members and offi
cers, and conii.jgeut expenses of the
con > cm ion.
Section 1. Be it enacted by the Senate
and House of liepresentatives of the State
of Lou.suina, in bleuend Assembly con
vened, I hat tne question whether or
not a constitutional convention shall lie
le Kl, be and the same H hereby sub
mitted to the people of the Slate of Lou
isiana, to be determined by tjiem by
oallol at the geueial election to tie held
on the first Monday of November, 1878,
in maimer as follows, to-wit : Each
voter desiring such coo veutioii shall
write or have printed on his ballot for
State aud parish officers and Congress
men, the word "cou vent ion," and each
voter opposed to such constitutional
convention shall wiite or have printed
ou Ins ballot as aforesaid the words,
"against a convention;" and ou the
same ballot each voter shall also vote
loi the delegate or delegates to repre
sent his palish or ward m the conven
tion should the same be ordered by a
majority of the voters iu the State;
anil that the returns of such election on
Hie question of hohiiug the convention,
»od lor delegates to the cou veutioii, lu
made at the saille tune ami in the salin
manner as the returns of tlie election o'l
Slate aud parish officers then to be
chosen, and the returns shall be com
plu d and the result ascertained in al>
respects as is provided by existing laws
lor the general election of officers.
Sec. 2. Be it further enacted, etc.. That
immediately after the compilation oi
said returns and the ascertainment ol
the result the Governor shall make pro
clamation of the same iu the official
journal of the State, and the Secretary
of State shall prepare, certify and hold
a complete roll and list in duplicate ot
all the delegates elected to represent
the several parishes of the State iu said
convention, according to the official re
turns, one copy to tie retained in his
office, aud the other to be delivered to
the president of the convention, as
hereinafter provided.
Sec . 3. Be it further enacted, etc., That
iu the event, ot a majority of the. votes
cast at said election being in favor of a
constitutional convention, the delegates
elected by the several parishes to »lieh
convention shall assemble in the city of
New Orleans, in the House of Repre
sentatives, on the second Monday in
December, 1878, at 12 o'clock meridian,
and thereupon at said hour and place
the Secretary of State shall call the roll
or list of delegates above provided for,
ami shall administer to the delegates
present the following oath; "I —,
do solemnly swear or affirm that I will
support the*constitution of the Uwited
Statesaud the laws made thereunder,
ami that 1 will bear true faith aud al
legiance to the State of Louisiana ami
to all the people thereof, and will to the
best of my ability dischaige all tjie
duties incumbent on me as a member
of the constitutional convention. So
help me God."
Sec . 4. Be it further enacted, etc., That
after the administra' ion of the fore
going oath said convention shall or
ganize in the manner, it may seem pro
pel, under lite name and style "the Con
stitutional Convei.tioil of the people of
the State of Louisiana," and thereupon
tJ;e Secretary of State shall deliver said
roll td I lie president of the convention,
and slid convention shall thereafter
regulate the time and place of its ses
sions; shall make appropriations tor
its o\\ n expenses ami comi^usation, and
all other matters appertaining to it*
duties aud deliberations.
Sec. 5. Be it further enacted, etc.. That
the several parishes of the State and
wards of the city of New Orleans shall
elect delegates to said convention as
follows, to-wit î
IN THE CITY OF NEW OBLEANS.
First Ward, two delegates.
Second Ward, two delegates.
Third Ward, three delegates.
Fourth Ward, one delegate.
if til Ward, two delegates.
Si.xth Ward, one delegate.
Seventh Ward, two delegates.
Eighib Ward, « hl delegate.
Ninth Ward, two delegates.
Tenth Ward, three delegates.
Eleventh Ward, two delegates.
Twelfth Ward, one delegate.
Thirteenth aud Fourteenth Wards,
one delegate.
Fifteenth Ward, one delegate.
Sixteenth and Seventeenth Wards,
one delegate.
IN THE PARISHES AS FOLLOWS t
Parish of Asceusion, one delegate.
Parish of Assumption, one delegate.
Parish of Avoyelles, two delegates.
Parish of East Raton Rouge, two
delegates.
Parish of West Baton Rouge, one
delegate.
Parjsh of Bienville, oue delegate.
Parish of Bossier, one delegate.
Parish of Caddo, two delegates.
Parish of Calcasieu, one delegate.
Parish of Caldwell, one delegate.
Parish of Cameron, One delegate.
Parjsh of East Carroll, one delegate.
• Parish of West. Carroll, «»lie delegate.
Parish of Catahoula, oue delegate.
Parish of Claiborne, two delegates.
Parish of Concordia, one delegate.
Parish of DeSoto, «me delegate.
Parish of East Feliciana, two dele
gates.
Parish of West Feliciana, one dele
gate.
Parish of Franklin, one delegate.*
Parish of Grant, one delegate.
Parish of Ilieria, one delegate.
Parish of Iberville, one delegate.
Parish of Jackson, oue delegate.
Parish «if Jefferson, oue delegate.
I arisli of Lafayette, oue delegate.
Parish of Lafourche, two delegates.
Parish of Lincoln, one delegate.
Parish of Livingston! «me delegate.
Parish of Mailison, one\lelegate.
Parish of Morehouse, one delegate.
Parish of Natchitoches, two dele
gates.
Parjsh of Ouachjta, «me delegate.
Parish «>f Plaquemines, oue delegate.
I ansh of Potute Coupee, ouo Rele
gate.
Parish of Rapides, t wo delegates.
Parish of Re«| River, one delegate.
Pariah of Richland, one delegate.
Parish of Sabiue, one delegate.
Parish «f St. Bernard, one delegate.
Parish of St. Charles, one delegate.
Parish of St. Helena, oue delegate.
Parish of St. James, two delegates.
Parish of St. John the Baptist, oue
«lelegate.
Parish of St. Landry, four delegates.
Parish of St. Martin, one delegate.
Parish td' St. Mar.v, two delegates.
Parish of St. Tammany, one delegate.
Parish of Tangipahoa, one delegate.
Parish of Tensas, two delegates.
Parish of Terrebonne, two delegates.
Parish of Union, one delegate.
Parish of Vermillion, one delegate.
Parish of Vernon, one delegate.
Parish of Washington, one delegate.
Parish of Webster, one delegate.
Parish of Winn, one delegate.
Total, ninety-six delegates.
Sec. 6. Be it further enacted, etc., That
in the event of the sickness or absence
of the Secretary of State the Assistant
Secretary of State shall perform the
duties above require«! of the Secretary
of State, and in the event «if the ab
sence of both Secretary and Assistant
Secretary of State said «loties shall be
performed by the Auditor of Public
Accounts.
Sec . 7. Be it further enacted, etc., That
this act shall take effect from and after
its passage.
The foregoing bill was introduced
into the House of Representatives, i<
liort time since by Hon. E. E. Kiild «»'
Jackson. Speaking of it the N. O- Dem
ocrat says: " The proposition embodied
in this bill, seems to be intended as a
compromise between the advocates ol
the pending amendments, and those
members who favor a convention. Il
the advocates of the speeily adoption ol
the amendments, will agree to the pas
sage of Mr. Ividds bill, it is probabl«
that the members who favor the imme
diate calling of a convention, would
forego further opposition to the amend
ments submitted by the joint committee
ami thus let the whole matter be re
f'erce«J to the people for their decision.
/This matter of amending the Con
stitution of 1868, or abrogating it en
tirely by a peoples convention, has been
tht! all engrossing theme of discussioi.
and comment since the assembling «>'
I he present Legislature. In the Legis
lature everything else has been subor
dinated to it. In the early days of tin
session a joint committee was appointed
by the two houses, to propose the nec
essary amendnieuts. The committee
was undoubtedly an able one, being con
stituted «if some of the ablest lawyers in
the State. This committee had tin
matter under advisement for nearly >
month, and submitted its report on tin
Qtli of February. As stated iu our last,
the proposed amendments jyere at one«
adopted by the Senate, almost without
addition or discussion.
They were then sent to the House and
in the main were adopted as they came
from the Senate, eouje few of them be
ingehanged, and one or two newamend
meuts added. These ainei dinents were
reached by compromise between mem
bers, having concurring convictions
upon the «langers of a convention and
concurring opinions upon most, but
divergent opinions upon some of the
amendments. The consequence is, they
will be ushered into the wo ( rl«l ; will go
before the people under a very deter
mined opposition to prevent their rati
fication at ttye polls next November.
Whilst we have advocated this mode
of changing the organic law, believing
that it presented the readiest and cheap
est pathway to the relief so anxiously
yeariiesj for by the people, yet there an
others as vitally iutereçfed as we, who
have advocated throughout the calling
of a peoples convention, to wipe out,
an«l forever, the Constitution of 1868
In the city, judging from the tone «»I
the press and the votes <>f members «>1
the Legislature, the project of amend
ing the Constitution has by far th<
largest number of advocates. In tin
country however the gn-at\iajority "I
the press favors the c«>nvention scheme
As the N. 0. Democrat says, this plan
of Mr. Ki«l«l is intermediate between
the other two. It refers the matter t«i
that power, whi.«dl in this country is
supreme, and whose behests must al
ways govern i. e. to tlie people. We
see uo objection to doing this. .By that
tfme the proposed amendments will have
been thoroughly ventilated ; the people
will understand them, ill all their bear
ings; all the arguments for and against
them will be familiar to the voter, ami
when he goes to the p«dl on election
«lay, if he finds tl}e amendments do not
come up to the wants aud requirements
of the lmur, all he will have to do will
l»e to vote against them, and in favor
of a convention, at the same time des
ignating ÏÎ.» Iii« ballot the men whom he
desires to take part !U framing a new
Constitution. This to say the least of
it is Democratic. It leaves the whole
matter in the hands of the people, who
uiue hundred aud ninety-nine times
out of a thousand take correct views
of their wants and the way to attain
them. The only regret is that this bill
was not introduced and forced through
in the early days of the session. It cer
taiuly is far more conformable to our
ideas of Democracy, than either the
immediate calling of a convention; or
the submitting of amendments, because
it does not dictate to, but on the con
traty expressly calls for an expression
of the will of the people. The mode
intlicated in this bill effecturlly avoids
what we always most «beaded in the
immediate call of a convention, viz: a
mulliplicity of elections, with their de
moralization of the labor of the coun
try during 1878. It provides f«»r but
one election, aud that one we will have
anyway in the fall. So far as the argu
ment of expeuse, against calling of a
convention goes it is met by this bill, for
if the voters and taxpayers want a con
vention we say let them have it. Their
money will pay for it.
Qn the whole were we in the Legisla
ture we think think we for one, we
should vote for Captaiu Kidd's bill.
Regular Session, 187§.
[No. 38.]
An act relatives to crimes and offenses,
authorizing judges, in certain cases,
to sentence convicts to work on the
public works and roads, or iu work
houses, and delegating the power to
parochial aud municipal authorties
necessary to enforce the same.
Section 1. Be it enacted by the Senate
and House of Jiepresentatires of the State
of Louisiana, in General Assembly con -
vened, That in all criminal prosecutions
whele any person is convicted in any
of the courts of this State, of any crime
or offence punishable uuder the law
with imprisonment at hard labor, but
not necessarily so, the judge before
whom such conviction is bad iiiay r sen
J j.
fence the person so convicted to worn...
on the public works, road? or streets id'
the parish or city in which the crime or
iffeiice has lieeii committed, and which
may be eventually cuargeable with the
costs of the pi os cut ion, and for a term
not exceeding the l.-rm now specified
under «-xisting laws ; provided, that win n
a tine, in said case-s, i.» imposed as a pait
of ti e penalty in «lelaiilt of the pay
ment ol such fiiieand tli«' costs the judge
nay enforce the liquidation thereof i»y
•»enfonce «»f additional labor at the rate
>f one dollar per «lient.
Sec . 3 Be it enacted, etc.. That in the
ity of New Orleans the City Council,
nul in the several parishes the Police
Iury are hereby delegated full authority
io pass all ordinances anil laws which
they may doem necessary to carry into
ffect the provisions of thisactaud for the
liscipline, working and employ ment of
-Hell convicts; provided, (that m> Police
Jury shall have power to pass any or
liiiauce to cause any person so con
> icted to wear a liali ami «diain, or any
ulier sign or symbol of degradation,
aud that the person so convicted shall
not be worked more than ten (10) hours
a day, und shall not, in any case, h<
put at work before six o'clock in tin
morning;) provided, that such convicts
shall not be employed out of th<< parish
laving venue of the crime or offense;
<r in any other labor than upon iln
public works, britlg«;s, roads or streei.
>f the. parish or city or in such work
louses as they may establish.
Sec. 3. Be it further enacted,etc., Thai
<11 laws in conflict herewith be and the
-.aine are hereby repealed.
(Signed) Louis Bush,
.Speaker«»! the House of Representatives
(Signed) Louis A. Wiltz,
Lieutenant Governor aud President of
the Senate.
Approved February 23, 1878.
(Signed) Francis T. Nicholls,
Governor of the State of Louisiana.
A true copy.
ill A. Stkong,
Secretary of State.
Home mews from Abroad.
the voice oe the country.
1878.
Opelousas , February 1
Proprietors New Orleans liemoerat:
Gentlemen —The undersigned, Demo
crats, desire to express to you their em
phatic approval of the course of the
Democrat upon the question of a con
stitutional convention, the lottery
monopoly and other important issue»
uow being discussed; and we aie espe
cially gratified at thé failure of the re
cent attempt to compromise your jour
nal and iu volve you iu the meshes ot
.dr. Charles T. Howard. '
We are convinced that the present
danger of the Democratic party is want
of courage iu some of its leaders. We
believe that the only method of reunit
ing the party is the assembling, by the
present Legislature, of a constitutional
convention ot the people's delegates,
representing the sovereignty of the
State, to trame a constitution suited iu
all respects to their condition aud
wants,
The inadequacy cf"the proposed
amendments, tlie differences of opinion
already mautlested iu relation to them
iu and out ot the Legislature, aud the
ceitainty that a large and influential
ooiiy ol ottice holders will oppose ami
attempt to ileteat steine ot the most im
portant ot iucm, ut'iftO it obvious lo
us that the party c "n carry out its re
»orni pledges made to tile people oy uo
means «it lier than tnrougu a peoples
cou VclitloU.
Trusting (hat you will continue your
very wise and patriotic course, we are
.»oins, very respect I il I ly,
J Massie Martin Kenneth Baillio
L\ t Lewis J T Howell
4 B l ay lor J J Bailey
.las M Thompson
Joseph M Moore
Leonce Sandoz
E Sumter Tay. or
John N Ogden
finis li Lewis
L A Sandoz
vV O P«isey
itudolph Mayer and ethers.
A most sip«ijlar accident occurred in
the village of Paîneonrtville, in this
narish, during last week. The son of
Mr. Vjctorin Trjche, of that vijlavp
was engaged in mekitig a box, and a
silver half dollar which he held in his
hand, being in his way, was transferred
to his mouth, the better to facilitate the
free operation of both Jiands. At this
juncture, two young friends were ex
amining a pistol, which accidentally
exploded, and strange to say, struck
young Triche in the cheek, but was lm
p«'«|ed in its deadly mission by the
aforesaid fijendly silver half dollar
which was located in a perpendicular
position between the teeth and inner
covering «if the cheek. The ball pene
trated the cheek and glanced on the
silver coin apd lodged alxfut an inch
below where it entered, only inflicting
a slight woftud, The teetli of young
Triche Wéfe ii»t even injured, although
the c< in was indented atid the leatlen
missive flattened. We advise «un
voting friend to preserve the kind coin
while life lasts, as if; was doubtless
through its miraculous interposition
that a ghastly, if not a fatal wound,
was prevented.— [Assumption Pioneer.
WMiat father of a family after this,
would vote against the renoritization
of silver? If such there be let him
speak, for we want to hand his name
dowu to posterity.
Asking Anderson's Pardon.
[From the X. O. Picayune.]
The following petition signed by fif
ty-three members of the House—most,
if not, all Republicans—has been handed
to the Governor:
New Orleans , Feb. 8, 18Î8.
To His Excellency Gov. F. T. Nicholls :
The undersigned, members of the
General Assembly, earnestly beg tlie
interposition of your Executive clemen
cy in behalf of Thomas C. Andersou,
convicted before the Superior Criminal
Court of Orleans of the crime of
forgery.
Believing that the object of the prose
cution has beeu attained by his c«»nvic
tion and sentence, and that his pardon
would be fulfilling the spirit of joint
résolu tion95, appro veil April'20, 1877,
entitled "joint resolution indorsing tile
policy of the President of the United
States, and pledging co-operation with
aud support of tbu same."
The Lottery Business.
interview with an eminent law
yer—how the fraud can be
squelched.
-
of it, I would like to have your views
(N. O. Democrat, lath.j
On nccouut of the importance of the
lottery question at this time, a Demo
crat reporter called on Mr. Hutchesoii,
who has for some time been prominent
ly connected with the lottery litigation
iu the State aud Federal courts of this
city, to learn from him the points relied
on to «leleat the Louisiana State Lot
tery Company.
Reporter—As much public interest is
now felt concerning the lottery com
pany aud the best means of getting rid
:
OI ' 8 .. V IV( e '
the leaders ot the Democrat.
Mr. Hutchesou—Considering that tlie
question has become an interesting
public one, I have no objection to give
all the aid 1 can to the formation of
correct opinions with a view to some
decisive action, although 1 never tlis
cusij my cases in the newspapers or out
side my ottice. My connection with the
lottery controversies has been alto
gether professional, but I feel free to
say that my sympathies are entirely
with that class of citizens who are anx
ious to suppress the lottery business in
all its forms, as far as practicable ; if
this cannot be «lone, the object of the
State should be not to grant an exclu
sive license (or charter, as it is falsely,
called) to any particular person or per
sons to carry on the business, but should
aim to make the sale of lottery tickets,
ami the establishment of all kinds oi
lotteries, a source of revenue to the
State, levying the tax with a view to
the protection «if the public and the
.«oppression of the vice.
There are three methods by which
ihis monstrous inquiry, the Louisiana
Lottery Company, may lie overthrown,
my one of which would be equally
•ttcctiv «■ :
I. The Legislature has the tight to
i-peal the charter, or to speak more
orrectly, the act of 1868 by which this
''iimpahy was created aud organized.
Vs a general rule, it is true that the
Inn ter of a private corporation is a
contract which the courts will protect,
which indeed, are protected by the con-,
dilution of the United States, but this
principle has no application to cases
where the police powerof the Stateover
any of the subj«*cts which affect the wel
fare of society is involve«!. Ou these
subjects one Legislature is the equal of,
every other Legislature, and it is not con- I
stitutioually competent for «me Legisla- !
titutioually competent for one Legisl
tnre by any act it may pass to tie up
the hands of auy subsequent L«'gisla
ture upon any; subject-matter of legis
lation that affects the public policy and
police regulation of the State. There
are no vested rights in such cases, hi
case of repeal, if the Lottery Company
or their so-called lessees or assignees
should undertake to maintain their
charter on the gr«mud of a contract with
the State, both the Supreme Court of
this Stare an«l of the Uuite«l State and
iu my opinion, would sustain the posi
tion I have taken, because the best au
thority is ail in itsfavor. I have stu
died the question with much pare, and i
don't think I can be mistaken. The
Supreme Court of the United States lias, !
in fact, already substantia Jjy decided
the questio^ , u t| le ^Alabama lottery
case reported iu 4 Otto, though the pre
cise point I have indicated was uot made
in the record of that case.
I would say from the examination I
have given the subject, that act No. 25,
of 1868, creating this Lottery Company,
is obnoxious to three coustitutioual ob
jecthius :
1. The act, although not prohibited by
the constitution iu express terms, is in
excess of'legitimate power, being contra
bonos mores, and destructive of the ends
for winch society aud governments au
fm med.
2. It is au attempted surrender or
delegation for the period of twenty-five
.years of the police power of the State
over the mutter of lotteries to a private
coiuor.ition.
3. lt is an exemption of the property
and effects of this company from tin
qual and uniform rule of taxation re
quired ny the constitution «if the State.
Another 'method of' defeating tili.«
company is in tlie hands of auy suitor
agaiust whom an actiou may be brought
in the State or Federal courts for vio
lating the pretended rights of this
company, iu which actiou it is compe
tent f«>r the defendant by way of ex
ceptions or demurrer to set up all the
objections I have mentioned, or any
others that may be suggested against
the charter of the company. I had a
case of this sort iu which I was assisted
by the Hon. H. N. Ogilen, now Attor
ney General, (the Gouzales case) which
was brought iu the Sixth District Court
in 187â, but which was transferred to
the United States Court on the ground
that AJr. Gonzales was an alien, with a
view to have Justice Bradley pass on
the questions which I raised in the ex
ceptions. Before Bradley came the
case was fixed for triul before Durell.
4lter the argument of the questions of
law, ami before' the cas«^ Went to the
jury, the cou usel for the Lottery Com
pany had the case dismissed.
My object then was, in the event that
Judge Durell ruled against us, to take
i he case to the Suprenje Court qf the
United States on writ (if error.
The shortest and simplest way to get
rid of this thing is iu a suit for forfei
ture of the charter. There are two
very clear causes for forfeiture,
lu the first place it was not ««institu
tionally competent for the Legislature
to enact this infamous law, for the rea
sons I have given.
in tiie secüu« ;,'!nOe the company lias
clearly abused and misused its fran
chises within the meaning of the Civil
Code (article 438) as clearly appears
from the article iu the Democrat of this
morning. But as this is a matter for
the Attorney General, who is abundant
ly able and «loubtless willing to protect
the interests «if the State and its people
in this as in all other matters committed
to his hands, I do uot deem it necessary
to enlarge upon this branch «if the sub
ject. But, whatever method that may
tie adopted to fight this crying shame
upon Louisiana, I have no doubt but
oue voice will come tn> from all honest
and decent citizens, Delenda est Cartha
go..
The above extract from the N. 0.
Democrat of the 13th shows the way to
rid the country of Hr. Howard's pes
tiferous Lottery Company. Mr. Hntclie
son is right when he says the " shortest
and simplest (and lie might have gilded
the cheapest) way to get rid of the thing
is in a suit for forfeiture of its charter."
That it is a swindle no one doubts ; that
it has muzzled the press and corrupted
the legislature, is boldly and openly
asserted by no Ipsa authority than the
N. 0. Democrat. Then why hesitate
longer to put it into court and forfeit
its charter. Iu thia way it could be
gotteo rid el Actually and forever.
, must
J The legislature will not grapple with
î it, aud what assurance has anybody that
: a constitutional convention would. The
: propel place to settle all such questions
j is iu the judicial tribunals of the coun
: try.
Mr. Howard may have boasted liere
j totore that he had the courts tixed, but
j he can neither doctor nor tix the
î present Sup.ieiue Court of Louisiana
j and whenever he goes before it In
tand or fall on the iutiiusii
merits of his own case.
Uc
?"
We call the attention of our planting
trieuds to the following extract from
the report ot the Georgia Commission«-1,
of Agriculture:
oeoroia farming.
1 lie Georgia Commissioner of Agri
culture, iu m* icport lor the year jus.
close.I, makes some interesting state
ments about the cost of raising cotton,
vis two estimates ot the cost—oin
Oased ou the system which, in additioi.
to raising cot ton, raises all the farm
produce required by the family am.
annuals, ;nnl the other on the system
which produces col toll only and leav«-.
ali the hay, fodder, bacon, lard am.
other supplies of this kind to be bou^h..
The commissioner calculates that Iln
average cost of the cotton raised uudei
the first method is !» 2-10 «-cuts pei
Miund, ami undei tlie second 14 cents;
that a Georgia farmer, who, iu addi
tion to his cotton crop, has raised a sup
ply of fodder, vegetables, syrup aim
meat practically gets -I 8-10 cents pei
pound more for Iiis col ton than tin
one who has raised cotton alone.
I'll«' commissioner declares that ol
the three crop-raising methods, by
wages, on the shares ami by renting,
the first name«! is the best. Theaveragi
wages "paid iu the State for farm work
were £8 31 per mouth; the averag«
product of cotton per mule on tin
wages system is 4 4-10 bales, and on tin
share system 3j bales. Of the laborei>
employed during the year 32 per ceni
were employed on wages, 42 per cent
worked on shares and 2<i per cent as
renters. The wages system was mosi
satisfactory to (59 per cent of the em
ployers, the share system to 13 per ceni
and the rental system to 28 per cent.
The wages system was most acceptable
to CO per cent, of the laborers, the shar«
system to 20 per cent and the rental
ystem to 20 per cent. Stock can b«
„ ,
mo ^ t successfuly raised under the wages
s . V8tem ' acToriling to the opinions of 88
per cent of
obtained.
those whose views were
..... ...
asked * 0| . ; s sma |j f ^he
to be derived fioiii il
Congress is quite lik<
Ille " Grasshopper" commission, crea
ted by the last Congress to investigat«
the grasshopper question iu the West,
lately presented its report to Congress.
This report is a very valuable one. li
shows the best modes of driving oti
grasshoppers, of protecting crops from
them, and suggests means by which
these pests can be thoroughly eradica
ted and destroyed. The commission
report, however, that they have not yei
completed their investigation, and a»,k
Congress to grant them 820,000 addi
tioual to continu» the amount
possible beiicfii
t is so great thai
ingress is quite likely to grant tin
request.
Sii much for the West.
Mr. Shelley, of Alabama, has sugges
ted a si m i Li i commission foi the beiietil
of the South. Last week he present«'«!
a bill before Congress authorizing tin
Commissioner of Agriculture to ap
point a commission, consisting of tine«
scientific agriculturists, one each from
Alabama, Louisiana and Texas, vvliosi
duty it shall lie to inquire into the ori
gin, habits aud besi means of destroy
ing the cotton army worm. For 11 i i.«
commission only 810,000 is asked—one
sixth of what has been granted tin
grasshopper commission to pursue i .
inquiries. The injury done in tin
South by the cotton worm is certaiulv
not less than that the favmers of Iowa.
Minnesota and Kansas have sutleiec
I roui the invasion of grasshoppers.
The Western pest is extremely diffieuli
of treatment, whereas there is t||e besi
of reasons for believing that, with
efficient treatment, loss t'roiii the cotton -
worin nuisance can be almost complete
ly prevented. It has been noticed thai
in " cotton worm" seasons many farmers
who apply the .proper r« inedies at tin
proper time, ami under favorable cir
cumstances, suffer very little from tin
visitation, while their neighbors an
wholly ruined. There is reason, there
fore, to believe that a thorough and
careful study of t|p. question will en
able an efficient commission to devise a
thorough cure for coit«m worms.
In Texas last season when the farmers
were suffering from this pest, the pa
pers iuvit«'il communications on this
subject, how the worm had been treated,
with what poisons, how these were ap
plied, and with what success these
different treatments met with,
Tlnmsands of answers were received,
and from these a regular course of
treat meut for cotton worms was drawn
up thai-proved ot untold advantage to
the Texas farmers.
A more thorough investigation of the
cotton worm question, such as Mr.
Shelley s proposed' commission could
make, would be of great advantage t«>
the planters of the South. The com
mission is certainly as necessary as that
created to investigate the grasshopper
question.—[N. 0. Democrat.
The Cuban Patriots.
Nine years ago the first part, of this
month the Culians deelared thejr inile
peudence, U doulitless seemed a liazar
«l«»iis, it not tooHsli, proceeding to the
world's critics and lookers-on. A little
island defying the constituted powers
in its owu territory, to say nothing of a
gmit and patentions uation from
which delegated authority would draw
men and the sinews of war was ac
cording to an impartial human calcula
tion, a rash, even hopeless, undertakinc
But destiny frequently «lisappoints all
propliecy Almost a «lecade has passed
and haughty Spain finds tlie insurrec
tion winch she doubtless at first de
sptsed now one of her most seriou*
prolileni8. Even the formidable Cm list
oppositum never seemed so dangerous
as this Ciiiiau rebellion, which can be
pijitied to no spot, and conseqiiciitlv
evades the heavy bl.iws that are «iirec
te.l against it. It is Davj.t an «l Goliath.
• .r the clumsy giant and the agile dwarf.
Spam throws her ponderous spear:
Liioa «lodges if and comes down with
her quarter-stuff like a circus performer
on tli«' back of her handicapped anta- '
gooist. Since Campas ciune, abont a '
year ago, nothing lias been d'-. 1M ...
ln-icf mitliinir tli 'i? ivi ,if .»«le, at ,
least ,|OvUijig mat is o ally a«l vantage !
to the motfiep coiintrv. Oil the contra
ry. V'e Cuh-ns keep reducing Spanish
soldiers with comparatively little lossi
to themselves. What the present vear
may have in -tore we cannot tell, but it
doesn't look bright for Spanish victo
ries.—{Boston Pout
NEW ADVERTISEMENTS.
hist of Juror».
State of Louisiana. ?
Parl»li of.St, Landry. )
Be it knovrn tluit we. tlie undersigned mem
bers of the Jury CommiHsion, did ou this thf?
2Gth dav of Februarv A. D., 1878, meet at the
Clerk's office lu the town of Opeloustis, parish
j of St. Landry, for the purpose of drawing a Jury
I for the April term of the 8th District Court,
parish of St. Landry, under section 5. act U of
I the regular session of 1877, and all the members
j being present, except C. Mayo, John Siinms,
I one of said members. In presence of the others,
j drew from the general venire box. one at a,
I rime, the names of the following flfty persons
to compose the grand aud petit juror», for thn
' first week of said court, commencing Monday,
the -22d day of April A. I>,, 1878. A list of whom
was then and there kept by i he Clerk of Court,
.tames O. Chaehere ; and in our judgment »
iury being required for the second and third
week of the tenu we then and there proceeded
is iu drawing the tlrwt flfty jurors, to draw
thirty additional names to serve as petit Juror«
for the second week, and thirty additional
names to serve as petit jurors for the third
week of the term of said Court ; and we the
Clerk and Commissioners did t hen and there
place the names drawn as aforesaid, for each
separate week In seperate envelopes and sealed
i d indorsed the same with the week, for which
' hey were respectively drawn, which said en
velopes, containing said names were then and
here pi iced by us in a jury hox, provided for
lie purpose which aller depositing said name«
•liereiu, a- aforesaid, w«k sealed and locked by
is, and placed in the custody of the Clerk of
he Court for the use >■ ' the next term of Court.
«1ST OF GRAND AN
E1R!
tonore Fuselier
iistie Yoaua
Eugene Iiavirt
il^ar Vanliillu
fenry Hear«!
«' oiitenot
■v M Ci.ilds
■ttellu Thierry
areisse Iioueet,
'liniere Daijrle
elieien Wy'ole
•ifroy Roy
■istie (iniUnry
lustave B Fontenot
>7, eine Moreaux
>' F Cropper
"njrene H McGec
F Griffith
înhert Tate
I •un Rte Thiliodeaux
'iilm Rolqner
Vtirelien Lamlreneau
/allium Fall
Vlphonse Wylile
'ierre Beard
t'ETIT JURORS FOR
HKFK:
\eliiHe I> tUipre
, lieoilule I 'eville
sep h S* rate
v !>
« i l'O W
Antolm I in l.lu>
A 'ex V Richard
I. Il I 1UIV
I) F Dupre
James W Boring
Arthur N Pitre
Augustus Burieigh
Paulin Carrière
Pnlemoii (iuidry
Genrge Reerter
I.untie Rnziit
Zepliirin E Daigle
Danionville Rourfreati
Honor' Meehe
Armand Wartellc
8ECONP WEEK :
"enjamtn Avant
'nies E Ronmrd
'.raste Ilorio
vlexandre H Olivier
Till s C Sittig
'.mirent F Piipre
"manuel Anbespin
» li-ee Forest
vehiile Joiibert
''lieortore Bell
' I) Melancon
"mile Ree4
Vntoine l.ede,
V C Gordon
'aines M Neyland
Himeon Rirotte
Fe'ix I.esassier
C Dietlien
Andre Pierre August«!
Emile Miller
Emare Guidry
Cleophas Audrepont
I>ouis Tyler
Alphonse Prud'homme
Ilaniel Roon
VI -tor Riehard
Jules Brasseur
Z J Cary
Alex Papillon
J. B Areeneaux
THIRD WEEK :
tos Bloch
1 B Saucier
Manuel Fontenot
leorg» Anding
"lai-ville I. Ablo
M G Wilkins
'or ban dry
Honore Sailers
Kvariste Robin
Klibe Fontenot
I A Latiolais
F.'llx A King
Benson Harmon
William Herr
Emile Sobert
Baptist < Ba'let
Robert Byron
Actheon i)aigle
C J Thompson
Charles Pitre
Michel Du pre
Oetave Richard
Placide Blanchard
Patrick Donohuo
Oscar Dejean
Adolphe ïittstrapeg
Auguste Bertrand
Philogen«! Atizenne
W C Jolirison
B S Mudd
In witness whereof wo hereunto affix our
signatures this 26th day of February, 1878
) JOHN SIMM,
Commissioners, S DIOMEL DURIO
J P. J. LEFEBVRE.
JAMES O. CHACHERE, Clerk
W. W. CLARK
D. TYLER
t. W. NORRI8
- President
..Secretary and Treasurer
- Vice-PresiKcnt
DIEBOLD
and Look Co.,
MANUFACTURERS OF
FIRE AND BURGLAR PROOF
Safes.
FACTORY, CANTON, O.
Branch OHce, 37 Canal St.,
feb 26-tf
A. ROY,
New Orleans. La.
JCDICIAIi AOVERTISIÎMESIT8,
^HKKirF'N SAf.K.
»ISTRICT COURT. PAliltiH OF8T. LANDRY
No cr 7.
OHN N. OGDEN' V "KP'IEV W. «).KBOR>î
By v rtue of a wri
• the iiouurabte I>is
('arisli ot St. Landry, i
ud to me. directed, i
■ iililir auction, to t;
"ofirtliouse iu the t«
•f st. Landry, ou
March. 187a. ut 11 u' in k
<ig desrribed property. t.. v;■
Two hundred and'<i tv ai-n
laledou Bay on Marie C i '- imi '. vhui i
,iarlsh of st. Landry, being six
Ins issued out
t* nil I'm- IL.
- ïititl.'rt
»1»
Q
wife Augustine L. Snnnn of the parish of 8t.
Landry, have applied by their petition to be ap
appointed joint admin-tratoMof the estate of
Ä.®' 1
Therei
. land r.i
U'U ie> i.. .
larisn or st. i.andry, being six arp nts front bv
i r Jy arpenta in depth, lying on tiie norm line
•r tract elaiuied by James«) «liaebere coni
neneing at the hue Ixiunded by Mrs Arnaud
running six arpents front by foi tv in depth'
Ui^Tiption in act recorded ou pu&re 521 and
22 of nth nation book U. No. 2 of recorders
mee, parish of St. Landry,) bounded north by
•1rs. Adolph Arnaad, east by- south bv
lames O. Chaehere. west by Marie Croauant
ogether with the building» and luinrove
iientg thereon.
Saving and excepting lots N«is. 1, 2, 3 an. 4 as
per plat of eaid land, said lots having been s ild
under and by virtue «if said writ on Saturday
l eliruary 16th, 1878, for cash.
Tenn>—To be sold on a credit of twelve
months, purchaser furnishing bond and security
taxes in cash laW ' *" a paiiu K aH p »«« and
fe'i 23 Sheriff «if the Paris h o/s t .^Uuidry.
]yOTI«! 6F TABLEAF.
PROBATE COURT, PARISH OF ST. LANDRY
No. am
ESTATE OF J0ÜÜPH A. GUIDRY.
i Ignatius Guidry of the parish of St
Landry, administrator of the ofttate Joseph A
(xiudry, deceased, having tiled a tableau of
classification ot debts of said estate acccmpa
nuid by his petition praying for the homolo
gatUin of the same.
And whereas the prayer of said petition hau
been granted by an order of court, bearing date
February With. 1878. 6
Now, therefore notice is hereby given to ait
persona interested to make opposition to said
tableau in writing at my office in the town of
Opelousas, within thetimerequirtsdby law. Whi
ttle said tableau should not be homoUigated anil
confirmed. JAMES O. CHACHERE, Clerk
feà 23
^rOTICE OF TABLEAU.
PROBATE COURT, PARISH OF ST. LANDRY,
No. 3790.
ESTATE ACH8AH EDWAKDS, WIDOW
GREEN HUDSPETH.
Whereas, George W. Hudspeth of the parish of
of St. Landry, administrator of the estate of
Achsah Edwards, widow Green Hudspeth,
deceased, having filed a final tableau of clas
sification «if debts aud distribution of assets
of said estate, accompanied by his petition
praying for the homologation of the same.
Antl, whereas, theVraj er of said petition ha«
been granted by an order of court, bearing date
Jan äry 23d, IS78.
Now, therefore notice is hereby given to all
persons interested to make opposition to said
tableau in writing at my office in the town of
Oiieiousasna, wltluu the time required by law.
why the eaid tableau should not be homologated
aud confinntKt.
JAMES Q, CHACHERE, Clerk.
feb 23-gwh
^"OTICE OF AOniNIHTRATION.
PROBATE COURT PARISHOFST. LANDRY,
No. 3989.
ESTATE OF LOUIS SIMON.
Whereas, Jean Baptiste Dunmweau and his
Louis Simon, deceaa. . .ate of the parish ot St.
ludry.
Therefore, anv per n intending to make op
tment, wiil file the same
position to gaid »pi* ^ ,
In writing in my otnc»-. in the tuwn of Opelon#M,
witbm ten days fron. ;he P™*}"^
JAMES O. CHACHERE, Clefk.
j«b 16-baiu * fp