New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-08-12
NEW ORLEANS WEDNESDAY MORNING. AUGUST H. 1863

tlon OF and try, and determine the case
according to law; and the District Attorney
pro terapore shall, in the absence of the
District Attorney, represent the State in
such cases In the Parish Court.
SEC. 8. Be it further enacted, etc.,
That the District Attorney pro tempore Of
any parish shall be authorized to take all
legal proceedings to procure the forfeiture
OF any recogniZance bond for the appear
ance of any party accused in the Parish
Court, or any such bond transferred in any
criminal case from the District Court to the
Parish Court for trial, as is provided for in
this act; Provided, the principal of said bond
does not exceed five hundred dollars; if so,
the case in which any bond exceeding in
principal five hundred dollars was pending,
or had been tried in the Parish Court, and
the accused had forfeited his bond by his
failure to comply with its terms, the bond,
with copy of the orders of the Parish
Court, showing the forfeiture of the bond
must be certified and transferred to the Dis-
trict Court, which bond, and the orders OF
the Parish Court, shall be legal evidence %
be proceeded on in the District Court to ob
tain judgment of forfeiture on such bond,
and the same shall be proceeded on in the
District Court according to law.
SEC. 9. Be it further enacted, etc.. That
the District Attorneys pro tempore, ap-
pointed according to the provisions of this
WV oltdiA OC VIC pdlihn dttOIuCJb IOI lllc
parishes for which they are appointed Dis
trlct Attorneys pro tempore, aud shall rep
resent such parish in any case in which
such parish may be interested, and perform
such other duties as attorneys for the ben
eit of such parish as may be required by
the Police Jury; that they shall be paid by
such parish salary OF not less than one
hundred dollars per annum, and as much
more as the Police Jury may FIX, out of the
treasury Of onah orfn IL ~
own warrant, and the further sum of five
per cent commissions on any amount they
may recover in any suit in favor of such
parish; and q fee of five per cent on the
amount for defending any suit in which
such parish is defendant to be paid by the
parish.
Sec. 10. Be it further enacted, ETC., That
the said District Attorney pro tempore for
any parish shall be entitled to receive the
sum of ten dollars on each criminal prose-
cution in which the accused shall be con-
ylcted in the Parish Court when he acts as
prosecuting, attorney to be taxed with tie
costs, and that whenever the District Ate =
ney tor the district shall not attend ery
term of the District Court, or when he is
recused, and the District Attorney pro
tempore appointed by this act shall be re.
quired to prosecute on behalf of the State,
or to represent the State in any suit, such
District Attorney pro tempore shall be paid
such amount as may be allowed by the
Court, to be paid by the Auditor of the
State out of the salary of the District Attor.
ney on the warrant of the Judge.
Sec. IL. Be it further enacted, ETC., That
the District Attorneys pro tempOre shall
make written report to the Attorney Cen
eral of the St"te by the first day of Decem-
ber each year, stating the number of prose.
Cutions for crimes in the Parish Courts of
their respective parishes. the nature of the
crimes so prosecuted, the number of con.
Victions, and such other facts as to them
may seem important to be communicated to
the General Assemb y.
SEC IL. Be it further enacted, ETC., That
all flaws or parts of laws inconsistent with
or contrary to the provisions of this act be
and the same are hereby repealed.
The order ofthe day was taken up.
BILLS on THEIR FIRST READING.
House bill No. lO9, an act to prohibit the
formation and continuance of military or.
ganizations, except such as are established
by law and that from part of the State
militia, was taken up and read.
Mr.. Backman asked for suspension OF
the rules to put the bill on its second read.
ing.
The rules were suspended and the bill
read.
On motion of Mr. Blackman the bill was
referred to the Committee OIL Militia.
House bill No. 90, an act relative to the
New Orleans, Mobile, and Chattanooga
Railroad Company, corporation of the
State Of Alabama, and authorizing and
empowering the said company to exercise
and enjoy its corporate powers and fran.
chises in the State of Louisiana, was taken
up and read.
On a suspension of the rHles, on motion
of Mr.. Ray, the bill was referred to the Com
1hittee on Internal Improvements.
SPECIAL ORDER OF THE DAY.
House bill No. 81, an act to empower the
State Superintendent of Public Education
to rent suitable building for his office
and to appoint an assistant Superintendent
and one Secretary.
After lengthy debate, on motion of Mr..
Ray, tine bill was Teoomnlitted to the Com
mittee on Public Education.
The President: / will state to the Senate
that House bill No. &c known as the Lot
terry Bill, is before me for my signature.
The law requires me to sign it, but do so
under protest. regard it as a monopoly,
and a detriment TO the financial interests OF
tina city and State, l wish my protest
spread upon the minutes.
The Assistant Clerk of the House of Rep
resentatiVes appeared, and announced that
the House had concurred in the amendment.
Of the Senate to House bill No. SO, an acl
to authorize the organization of uniformed
militia, and to provide for its instruction
and duties, except in the amendment to sec
tion six.
On motion the bill was taken up.
Mr. Blackman: Mr.. President, upon the
proposition of the Senator from 0uachita |
have a few remarks to make. The amend.
ment of the Senate was to strike out Ger.
tain part of section six, which provided
that mo memoer OF such organization or
organizations shall be liable TO civil or
criminal prosecution for any act done in the
discharge of his duty under such CALL"
Now Mr.. President, | do not think
proper that the Senate should recede from
the amendment made to the House bill. In
the first place, the section might pass as it
is, without the amendment made by the
Senate, and If the House in the final passage
of the bill thought they could confer power
upon militia officer to form his command
into body of brigands to violate the civil
law, the rights of property aud Of persons
in other words, to take the law into his own
hands-I say the House might do this, and
it is not proper that the Senate should re
cede from its position. If the bill should
pass in its present shape, it may bring about
trouble, riot, and conflict between the mill
tia and the pc ceable citizens of the State.
Again, in the passage of bill that
contemplates simply the preservation of
peace and good order, it is not proper
10 Incorporate provision which will make
the militia, if they should choose to become
so, simply band of outlaws, responsible in