New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-10-13
PARTY or LOUISIANA,
Under suspension Of the rules, Mr.. An

Under suspension of the rules Mr.. An
tome introduced the following resolution:
Be ii resolued, That Samuel Carter. who
unsuccessfully contested the seat of J E.
Rengstofff, as representative of the Ninth
Representative District of the parish of Or
leans, be allowed per diem from the COM
mencement of this session until the date
when the case WAS decided against him.
Mr.. McYean, of Caddo, moved to refer the
resolution to the Committee on Elections
and Qualifications. aa.'}Bs9a af M
Lost Hi lIi $50 ..
On motion of Mr.. Antoine, of Orleans, the
resolution was adopted.
Under suspension of the rules, Mr.. De
Grange, of Orleans introduced the follow.
ing resolution which was adopted;
Resolced That committeeof five mem
bers of this House shall be appointed by the
Speaker TO investigate the alleged charge
OF corruption and bribery in the lottery bill.
ResolUed, That they have power to call
and send for persons and papers. ,,
The Speaker appointed the following
committee called for by Mr.. De Oranges
resolution:
Messrs. De Grange, of Orleans; McMillen,
OF Carroll Burrel, of st. John Baptist;
Brewster, of ouachita; Robert Lange, of
East Baton Rouge.
On motion of Mr.. Washington, of Assump.
tion, ten days leave of absence was granted
to Mr.. Mollere. of Assumption.
REPORT OF SELECT COMMITTEE.
The Select Committee appointed to inves-
tigate whether the registration offices in the
parish of Orleans had been closed, etc.,
submitted the following report, which was
received and accepted, and on motion of
Mr.. Heidenhain, of Orleans, ordered to be
printed in the journal. and made the special
order of the day for tomorrow at one
o'clock P. NJ:
To the Honorable the Speaker and Members Of the
House of Representatives of the Staue OF Lou.
isIana;
The undersigned members of your special
committee sppointed to investigate and re-
port if in the parish of Orleans any offices
for the registration of electors under the
law have been closed, whether temporarily
or permanently, and if yea, by what au.
thority they have been closed, have the
honor to report that they have investigated
and found:
That a number of the Supervisors ap-
pointed by the Board of Registrars did on
the eighth and ninth instant close their Of
; fees, after consultation with and by the ad.
vice of Messrs Baker aud Ferguson mem
, bers of said Board, and contrary to the
advice and instructions Of the other mem
ber thereof, Mr.. Geo. A. Fosdick. The
reason alleged for the closing of said Office:
, is that the Injunction issued to the Super
visors from the Sixth District Court Of New
Orleans was in direct conflict with the in
structions from the Board Of Registrars,
and that the Supervisors could not continue
| registering under the instructions without
n iucurr ng the penalties attached to con
tempt of court for disobeying the order o.
Judge Cooley, of the Sixth District Court
:. Your committee in justice must premis'
a that although the act 10 create Board o
= Registration to superintend the registration
Z of the qualified electors of the State give
e the Supervisors concurrent powers with tn
Registrars, fixed their term of Office an
n therefore makes them Independent OF an
"a not liable to removal by the Re
=, gistrars, yet the construction placed by som
IL of the Supervisors upon section first of tn
.e act "to define more fully the powers an
duties of the Board of Registration and Su
pervising thereof, for the registration of tn
'e qualified voters of the State ia such tha
% we believe that many of them in all cando
10 thought themselves liable to removal If the
disobeyed the instructions of the Registrar!
whether said Instructions were legal @
Ie illegal. At any rate they thought the
1t should be guided in their actions by th
Nc Boards Interpretation of the law, aud upo
- receiving the Injunction from the Sixth Di
trict Court they thought themselves in d
lemma from which they could only extricat
themselves by closing their offices. Thoug
40 our construction of the law is fferent, v
60 are disposed to give many Of them cred
Id for honest motives. We must add, hov
ever, that when they applied for advice an
,o instructions to the Board of Registrar
- they should have been told to keep The
CT offices open under the rules laid down f
Al 1,rVk kl,n Nrfh al fr
is the Interpretation OF laws.
We have already said that the allege
cause for the closing of the offices was th
conflict between the rules or instructions [
Id the Board of Registrars and the order
n Judge Cooley. Although we think that th
80 Cbeyed implicitly by all executive and mir
istelial officers, and we doubt the right q
propriety of this House questioning II
validity of these mandates or the correctne
of the judicial officer who issues then
except by the manner prescribed by la
or the Constitution, yet your committee,
meet the objects of this investigation, hay
thought proper to sift the merits themselv,
of the question In order to throw the blam
where It should justly fall.
1t, Granting that the word rules in sectiC
first of the act ITO define more fully, etc
rs quoted above can be construed to mean i
structions on the proper Interpretation
le, mittee deny, yet. the same section says tn
10, these rules shall be accompanied with
a. transcript of the constitutional, naturalizl
n tion and other laws pertaining to the qua
H. ication of elections, upon which said rul
~ shall be based.
er, The first rule or instruction of the Reg
y, trare, which Judge G ooley's order enjOil
N, the Supervisors from executing, is co
lie, tanned in the following words, beginning
IN, the page five of said rules:
N. Quite large number of naturalizI
IT tion papers have been issued fro
- the District Courts of New Orleans sinG
July 4, 1868, during the recess of the cour
when the court only sat in chambers. Al
he plication for citizenship must be made
!, open court. Evidence must be taken t
n' oral examination of witnesses, not by pr
II. yiously prepared affidavits. Such is Ii
oy decision of the United States Supren
Court. The Board Is, therefore, of opinio
that all naturalization papers issued frol
u the Second District Court, were Illegal
Issued. The District Courts adjourned froI
July to November /, 1868, and no natural
- cation papers issued in that interval ougl
"a to be recognized.
ne Your committee would here state thl
VI they have, In person, consulted the Attorne
u General of the State upon this question,
~ well as the others involved In this matte
and at his own request report that he
d emphatically of opinion that the sboy
v instructions just quoted are contrary
Z law. For the purposes OF naturalization
e. the Constitution and legislation of II
ei United States Gee Constitution of II
e United States and acts of 1902 gives TO Il
er Courts of Record of this State and the 9TH
"a States Of the Union powers which could u
eo be affected by any State legislation, ar