New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-10-19
Q F. F. o I A L
= Z Z Z = Z "a II
PROCEEDING
. OF THE
GENERAL ASSEMBLY
PROCEEDINGS
STATE OF LOUISIANA.
JOURNAL OF THE SENATE.
Ninety.Fifth Days Session.

The roll was called, the following mem
bers present:
Anderson, Antoine, Bacon, Beares,
Braughn, Campbell, Coupland, Day, Fran
| Goi5, Futch, jerks, Jewell, Kelso, Lewis,
Lynch, Monette, O'Hars, Packard, Pinch
back, Poindexter, Pollard, Ray, Smith,
Thompson, Todd, Whitney, Wilcox, Witt
genstein-27
Prayer by the Chaplain Rev. Mr.. Turner,
On motion of Mr., Ray the reading of the
minutes was dispensed with.
SPECIAL ORDER OF THE DAY.
House bill No. 8, an act relative to Nota-
ries Public, was taken up where left on a
previous day, after its adoption as whole,
and readily its title.
Mr.. Campbell: move that the bill be con.
sidered engrossed.
Mr.. Bacon: move that the bill be post.
poned until the next regular session.
Mr.. Campbell: move to lay the motion
on the table.
The yeas were ordered, resulting:
Yeas: Antoine, Campbell, Coupland,
| FRANCOIS, Kelso, Lewis, Monette, Packard,
Poindexter, Pollard, Whitney, Wilcox IL.
Nays: Anderson, Bacon, Beares, Day,
| Futch, Jewell, Lynch, Pincnback, Ray,
| Thompson and Wittgenstein-ll.
The motion to postpone was laid on the
table.
The motion that the pill be considered
engrossed was lost by rising vote of nine
yeas, eleven nays.
| STANDING COMMITTEES.
Mr.. Ray, from the Judiciary Committee
made the following report:
The Committee OR Judiciary have had
under advisement the question submitted
to them by resolution Of the Senate as to
| when the present session of the General
Assembly would come to a close by eonsti.
tutional limitation.
| The first question that arises in this in
Quiry is when did the present session COM
mence.
According to the provisions of articles
l57 and l59 of the Constitution the General
Assembly is required to hold its first session
on the third Monday after the official pro.
mitigation made by the Chairman of the
Committee of Seven, appointed by the Con-
vention, of the result of the election.
The twenty.second June last was the third
Monday after the PRONUNCIATION of the result
of the election and the members of the
| General Assembly were notified to convene
| in the city of New Orleans on the twenty-
| second day OF June, and most of the mem
| bers were present in New Orleans on that
| day, ready to enter on the discharge Of
their duties, but were prevented from doing
so on account of military order issued BY
the military commander Of this district.
Under the provisions of an act of Con-
gress passed about that time, the Governor
was authorized to convene the General As
sembly by proclamation, aud in pursuance
| to this law the Governor issued his procla.
nation convening the General Assembly on
the twenty-ninth June, on which day the
| e tho Con Acc I
and commenced their organization, and
| have been i'll session ever since.
| 1t Is clear, the session of the General As
| sembly is TO be counted from the one of
those dates, either the twenty.second or
twenty. ninth June. Under the provisions
OF the Constitution they should have con-
vened on the twenty-second June. At least,
if they did not organize on that day, but did
organize on some subsequent day within the
one hundred and twenty days. it appears to
us the one hundred and twenty days should
| be counted from the day the General AS.
sembly should have convened. But mas
much as by the act of Congress the State
was under military or provisional Govern
ment until the organization of the State
Government under the Constitution, and
that organization was not ettected uutil the
twenty-ninth June, which was the earliest
| day it was possible to convene without re-
slstance to military orders. We therefore
sion of the General Assembly commenced
| its session legally on the twenty.ninth June,
and that the one hundred and twenty days
it is authorized by the thirty-ninth article
OF the Constitution to sit are to be counted
from that day.
The thirty-ninth article of the Conslitu-
ton amongst other things provides that mo
session (of the General Assembly, shall ey-
tend beyond the period of sixty days, to
date from its commencement; and any legis-
lative action had after the expiration of said
period of sixty days shall be null and void;
but the first General Assembly that shall
convene after the adoption of this Consti-
tuition may continue in session for one
hundred and twenty days 1t will be OBJ
served that the first clause of the above
quotation speaks of period Of sixty days
to date from its commencement" The in
depreciation of similar provisions of pre-
vious Constitutions was that the sixty days
were to be counted from the date of the
commencement of the session, counting Sun
days and holidays, as well as the days of
actual session.
The latter part of the above quotation
authorizing the present session to s'continue
Que hundred and twenty days" seems to us
as applying to the period of one hundred
and twenty days from the commencement
of the session, counting Sundays and holi-
days, as well as days OF actual session.
There arises another question which it
may be as well TO discuss; that is, can the
General Assembly take recess under the
provisions of the Constitution? That is,
when they have sat thirty days, can they
take recess for say seventy days and then
meet and fill out the period they might have
sat in the first instance? We do not find
any warrant in the Constitution to Justify
taking a recess. The article thirty-eight Of
the Constitution prohibits either House
from adjourning for more than three DAYS
without the consent of the other House. 1t
seems to us that the General Assembly has
no constitutional right to take recess
during the period they may cit, to go be-
yond that period.
The committee recommend the following
joint resolutions;
SECTION l. Be it resolved by the Senate
and House of Representatives of the State of
Louisiana in General Assembly convened, |
That the session Of the present General As
sembly is TO be counted as commencing on
the twenty ninth day of June, 1868, and that |
by constitutional Limitation it will expire on
the twenty sixth day of October, 1868, and
that it is not competent for the General AS
sembly to take recess that will enable
them to sit after the period of one hundred
and twenty days, counting from the twenty
ninth day of June.
SEC. 2. Be it further resolved ETC., That
the General Assembly do close its present
session on Monday, the twentieth day of
october, A. D., 1868.
All of which is respectfully submitted
a aa eI JOHN RAY,
Chairman Committee on judiciary.
Mr.. Ray; | move that the rules be sus-
pended in order that the report be received.
Rules suspended and the report received,
Mr.. Ray l ask for suspension of the