New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1856-02-11

reflection that am compelled to deal in This debat
with Wily and astute coDtroE
Indeed, when look around upon this assembly
and observe that bnt eyes beam upon me the ligh
of recognition would be; entirely overcome By tn
feeling Of enlba1ra which besieges me, did
not experience of the business q the
cause which have espoused, and 9 feeling nope
not plesunlptons that have the appreciation OF that
Providence who has hitherto smiled upon our favored
State. s#t
that the question abetoTe8 tls Is purely
legal in its charae not matter Of evidence
as the affr stands at present. are discussing tfe
tenure BIZ which several members claim to hold their
seats on this floor. There ISL then g contest between
members who ACTUALLY hold fnd other gentlemen
who claim the same seats which the former occupy.
The Legislature Of almost every State has pointed
out the precise process of in all con
tested elections A law having this object inpart in
view was enacted by the lawtraaking powers Of the
State of Louisiana on the til March, lSl4, and sec
tions ten, eleven and twelve Of said act prescribe
definitely and specially how the evidence in the case
0f contest the seat ola Representative or SEN
ator is To be taken. See sections IL Act 1914.
The evidence before US was taken in conformity with
this law more properly speaking this act and ad
hitting that all the details of this act Or law are
strictly complied with, yet still contend twas in
formal and eapasJe.a In this am sustained by the
opinions of four respectable urists upon whom the
ernile rests, Judges Kennedy. and Augustin,
of New Orleans. and Judge Rousseau Of Plaqnemine.
The plainti as they can be properly termed rely
alone upon the act is the basis and ground
with what they have produced as evidence, (Which
do not for moment consider doubtless their claims
would be just and valid in law. But the act Of 1914
is no longer that statute is dead, and II is i'm
possible for you, at this juncte to breathe into it
y the breath Of life. s53s F48 N h
Has not the act approved March Is, 1856 com
pletel decapitated and rendered utterly defnnct that
of 1914 Read the repeating clause Of the act Aof
1855 Sec. 3D.. Be it further enacted, etc. That all
laws contrary to provisions OF this Act, and all
Other 2aes upon the same matter, are repealed
Now the act of was passed in pursuance Of the
20th Article Of the Constitution of 1852 you will
observe years since the passage of the
act of ISL But etus see how reads the Article of
the Constitution referred to g Each House of the
General Assembly shall judge Of the qualification
election and returns of its members; but contested
election shall be determined in such manner as may
be directed by law. Examine the statute Of 1856,
and will You not be convinced that it was evidently
the intention Of the Legislature to carry out the above
provision Of the constitution See sections 40, Act
pointed ont the method to be pursued in contrasting
the election Of Clerk Of the District Court, Parish
Recorder, Sheriff, Coroner, Justice Of the Peace, or
any other parish officer See sections 4S, "A and
AS of the net Of 1855, relative to elections.
be act of 1855 points out no detailed method to be
pursued in takng testimony on contest as to seat
in this body upon which this whole matter hinges it
is either deficient or it was the intention Of the
trainers that all the testimony should be taken here,
orally or issuing under the authoriza
ton Of this body those to take evidence
Butin order to still more explicit in the premises
which have already taken, allow me to request your
attention to the chapter Of the Civil Code on the sub
jeet Of the repeal FLAWS. See Civil Code Arts q, 49,
ART. o. Laws may be repealed, either entirely or
partially, BY other laws. ..
Art %. The repeal is either express or implied:
Tits express when it is literally declared by sub
seauent law. 5 @ nj {S 35.f5.
tits implied when the new law contains provisions
or irreconcable with those of the former
+ law. a#5, i,
Nov, having read the above articles from the
very source Of all laws ask you, ~ candoT can
the conclusion be avoided that the clause Of
the statute 1856 already the law
Of lSl A. which has been invoked, and which has been
the rule and guide, in their primary action Of those
claiming seats here to those already pos
sesEed BY virtue Of what act q any eglsl.
ture which has ever assembled in this State do theyask
your attention to the evidence before you Certainly
none other than that of 1914 Now the question is,
whether the repeating clause Of the act Of 1866
does or does the whole and entire act Of
think that intelligence sufficient to read IS fully ca
pable Of deciding the question.
But it may be said that the literal Interpretation OF
the statute 81 1855 authorizes the construction which
I have placed upon its repeating clause; yet the
reason and spirit Of justify an opposite conclusion
Upon this branch of the subject see @. G. Art. Is
y ~, is.
Arr l6.-Wlere the words Of a law are dubious
their meaning may be sought by examining the con
text with which the ambiguous words, phrases ant
true meaning.
Col. Lit ssl: Plow $685. s Mod. IA. 4 T. R. 1903. W. Il
ART 1T---LaWs IN oay4 nnate,ia, Or upon the same
subject matter, must be construed with reference te
each other; what is clear in statute may be calico
in aid to explain what is doubtful in another.
4T.R. g. On. s6l / Kent's Com. 49, f u
Arr. 1s.-The most universal and effectuaI way Of
discovering the true meaning Of law when its expires
sions are dubious is by considering the reason and
spirit oft or the cause which induced the Legislature
IN connection with the Language Of these articles
the repeating clause of 1856 be dubious
Take the whole Of the statute Of 1866, and construe
it, section with another and what do yon make
it You must inevitably come to the conclusion tha
the Legislature have failed to carry out the article
the Constitution already cited or that it intended
that the election should be contested here that herr
the evidence should be taken either orally or through
commission, that here should be the ARENA here tn
stage of action here the field of attle not in SOM
obscure Justices Court, not before some Distrc
Judge e playing fantastic tricks disgusting angel
here in this condensation, simply to constitute tn
Judge before whom this evidence appears to hay
been taken,a mere commissioner 1belieVe all til
evidence presented upon which this House is called
act, Was taken before District Judge, in conformt
with the act of 1874 5s a.5f
Now is it not well known to every member of TIL
House that many changes have been made in the Leg
isation and Jurisprudence of this State since the p
Rod last mentioned. If am not mistaken the Paris
Judge System was in vogue in 1874. 1t was comp,
then for the Parish Judge, or "a Judge in an
Court OF record TO use the language Of the laWt
take testimony in such cases as the one we have beol
US As the law stands at present, no Court is en-
the right to take testimony in the cas-
of contest for seat upon this floor unless especa
1yauthoriZedby this House so to do Gonseouentl,
il samy firm and honest conviction, derived from a
impartial review Of the law and comparison OF on
statute with another, both pertaining to the same sui
jeet matter that the evidence before YOU is wort
nothing; that tits nadmisshle and as far as its ega
effect is concerned, it but ramor and not entitled
any more credit than the thousand reports that al
waited upon the wings of every wind which blow
over this Capitol.
Mr.. Speaker, ne are acting in this matter as judge
ar as jurors under oath. We have sworn to prote
the constitution and sustain the laws of the State
1t would call upon each and every member here
Datise and reflect upon the vote which he is about
east 70 those who are already determined to vote
\ tie majority Tepor-are you prepared to violate u
latter and as believe have sh0Wni the reason al
the spirit Of the law This is mott political questio
tis a legal question, as have already said parti
should not feel that they were concerned as partie
Woe worth the day when partisan feeling shall Il
ruthless hand upon the constitution al
State. have been informed that poll
ave been assigned as q motive OF. eau
this course of decapitaton. Am to
1t? Way, sir, under the plea of polite