New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-08-29

| mr. blackman moved to adjourn.
| Lost.
] A communication from the Governor was
read, in which his Excellency informed the
Senate that he has signed Senate bill No. 2,
an actto incorporate the New Orleans Ella
evatOr and Warehouse Company.
The Senate then went into executive ses-
sion.
The executive session being raised, the
Senate adjourned.
In the Senate on Tuesday, Augsst 25,
1868, the following preamble and resolution
having been introduced by Mr.. oHara, and
being under consideration, namely:
| WHEREAS The bringing of witnesses from
the country parishes under subpenas to
testify in contested cases is tedious, expen-
| slve, and lnconvenient; therefore, in order
to facilitate and expedite business and re-
dece the expenses of the State, be it
Resolved by the Senate, That three of the
/ Committee on Elections to be designated by
the chairman thereof be and they are here
by instructed to proceed to Baton Rouge
with their Secretary and proceed to take
testimony IN the case now pending before
| them, George W. Reagan VS. r. Fl Day, and
! that it shall be considered sufficient to meet
the end of justice that the testimony Of five
witnesses on each side shall be taken,
Mr.. Bacon said: Mr.. President, desire to
say something on this subject 1t must be
| clear to every man of common sense, who
examines the law Of the State respecting
elections, and the contests for them, that il
| is required in contesting the election of any
member of this body, that certain formal
ties and acquisitions of the law should have
| been complied with, and unless those reoui-
sitions have been complied with every con-
test must, if decided rightly and according
| to law be dismissed.
| 1t is perfectly idle for US to undergo this
| expense and the other in the occupying of
sessions Of committees and sending them off
| on journeys to collect testimony. in any
| such case the contest must itself fall to the
ground because the parties have not taken
| the proper steps.
Now, sir, think we can soonest and most
properly dispose of this case by in
structing the Committee on Elections
! evidence before them that the law
upon this subject has been complied with,
aud TO which law will refer you from the
statute book, that they shall st once re-
port the case back with the recommendation
| that it be dismissed.
(Mr Bacon here read from the existing
| law on the sub)ect.)
Thus says the law and we should BE
guided by it. 1t is perfect FOLLY to sand
subcommittee on elections TO collect testi.
mony which may or may not be in con-
| formity with the law. If the party has not
given the notice which he IS required by law
| to give before he has any right to take testi-
mOEy, the testimony viii be jnadmissible
and the expense of taking it SO much money
| thrown away.
Now, sir, it will simplify all these things
very much, indeed, If we at once instruct
| the Committee ou Elections that in case any
contest has been made before them and the
/ cnnfestinn marty haa not shown that he has
| complied with the statutes in the case, the
| committee shall report the case at once and
recommend its dismissal.
MIR. Braughn: Mr. President, am opposed
to the resolution now before the Senate, be-
| cause its adoption will involve the State in
a large expense. and because the contestant
of DR.. Days seat has the right that all other
| contestants have, OF coming TO the city aud
urging his case, and Offering his proof be
fore the committee appointed for that pur-
pose.
If Mr.. Reagan does not feel sufficiently
strong in his own demands, nor sufficient
| interest in his own case, and does not wish
| to go to the expense of his contest, as SEN
ators we are not interested as to whether
| Mr.. Reagan suCceeds Or not. To all intents
and purposes Mr. Day sits here as the duly
returned and qualified Senator from that
| district. and unless the contrary is shown
| 70 VS. we must accept him as such.
1t is not the duty of the Senate to send
committees into the country districts for
the purpose OF ascertaining whether their
Senators are wrongfully elected or not. II
is not the province of the State to pay the
expenses Of any such inquiry. And, sir, if
it is granted in this case the next applica-
tion will be from Mr.. Anloyne, from the par
ish of Caddo, to send q subcommittee sew
eral hundred miles into the country.
] assert, therefore, that such resolution
as that is preposterous and ought not there
fore to be tolerated.
Mr.. Thompson: Mr.. President, the gen
tleman mistakes the object OF the resolu- |
ton. The committee have been burdened |
with great deal of work. The case before
rs now is one in which the question of
fraud is involTed and great many wit
nesses have been summoned by both
parties. 1t was the wish, and the resolu-
ton was presented by Senator Day, from
Baton Rouge himself, that this committee
might be appointed-a committee of three
which would still have a quorum here to
take testimony. in any other case, or even |
in that case If the witnesses arc here; and |
go to Baton Rouge and take the testimony |
of witnesses who could not be brought |
here without great deal of expense not |
only to the State but to the individuals |
themselves And for that purpose the com
miitae recommended that there be q COM
Of taking this testimony, and il viii be less |
expensive to the State than for the commit |
tee to remain here and send for witnesses |
to Baton Rouge.
Mr.. JEWELL: Mr.. President, understand, |
sir, that this resolution provides for a sub |
committee from the Committee on Elections |
to go 20 Baton Rouge for the purpose of
taking testimony.
The President: that is the object Of the
reslution.
Mr. Jewell: 1t is very simple process
that the testimony of these " tnesses should
be taken before q Magistrate i'll Baton
Rouge. The contestant could be repre-
sented either in person or by his attorney, !
aud the sitting member, DR.. Day, could be
represented in like manner,
This will facilitate taking testimony and |
also furnish just such testimony as is ab.
s"luteiy necessary to the final settlement
OF the case.
Now, sir, the appointment or authorizing
of this mmittee to 60 To Baton Rouge to
take testimony is mourning useless ex,
pense to the State. As matter of course
they will eypect their mileage and other
expenses to be paid By the State, when all
OF this could be avoided by allowing the
regular constituted authorities to take the 1
testimony with both parties represented by
attorney. .a-..
Now, sir, if The resolution so amended as
to authOIize the taking OF this testimony in
that way lt would save the 8 ate a very
unusual expense, / would therefpre m I'VE /
10 amend tue resolI tion so that tho testi-
mony could De so taken.
Mr.. Braughn: second the motion.
Mr.. Blacsman: Mr. President, shall |
make Il molten TO postpone any further |
action on this resolution until TO morrow:
and then shall ask the Senate to pass a
resolution requiring the. committee to re
port whether the contestant has received |
notice IN accordahcs with the law, aud /