New Orleans Republican., 1868-08-26

Mr.. Bacon, under suspension of the
rules, presented petition of citizeas ofNew
Orleans in relation to the free private
markets.
, A communication from the Governor was
read, informing the Senate that he had
signed an act relative to the appointment of
committee to inquire into the number of
employees Of the General Assembly.
The Senate went into executive session
and adjourned Immediately after the ex-
ecutive session was raised.
In the Senate, on Friday, August 81, upon
House bill No. 152, an act for the relief of
the widow of Thomas A. Montague:
Mr.. Ray: This is bill for the relief of the
widow Of Thomas A. Montague, who was
lost upon the steamer Fashion when it was
burned. In that disaster he displayed
great deal of heroism, and saved the lives of
several citizens. 1t may therefore be re-
garded as debt OF gratitude justly due from
the State to give his widow small pension.
think it should be done also to encour-
age men in the performance of such acts of
magnanimity. A small pension to his widow
WE be nothing more than bare and poor
puneration to this woman for the loss of
her husband under such circumstances,
Mr.. Bacon said the name was Thomas r.
Montague.
Mr.. Ray said the name could be changed
Subsequently if found incorrect.
The bill was passed.
House bill No. 50, an act to amend an act
additional to an act relative to and regulat-
ing the collection of New Orleans taxes in
the city of New Orleans being under consil.
Grafton, Mr.. Bacon moved to strike out all
after the word court" in the forty-second
line, and remarked that the official tax lists
for this year had already been published
under the law, .f ~,
| Mr.. Ray: The publication has doubtless
| been made as stated by Senator Bacon, but
not so as to authorize the collection in pur-
\ suance of the requirements of this act. It
was made before this act was passed. II is,
therefore, necessary it should be published
again in accordance with this act. . .,
This matter has been examined by the
| city authorities the Mayor and other Off.
| cials-and they recommend its passage,
and suppose they regard that proyiso as
necessary.
MI. Bacon read the eighth article of tho
constitution of the State, which provides
that excessive bail shall not be required,
and then said:
Mr. President, if there be any necessity
for the passage Of this law, and for the re-
publication OF the notices to taxpayers, it
| can only be where the notice has haen with.
in certain alphabetical limits, to persons
| who have been required TO appear in the
Second or Third District Court, which are
| exclusively confined to probate jurisdiction.
There is no necessity whatever Of having
the names Of taxpayers, whose cases will be
tried in the Fourth, Fifth, or Sixth District
Courts again published. There is no
necessity for a republication Of all
this tax list ] can not conceive that there
| should be any additional cost upon those
persons who have already been notified to
appear in proper court, court which has
Jurisdiction, because some Others have been
notified to appear before court which has
| no jurisdiction. II will be necessary t.
provide for the publication of notice to those
| only who have noG already been notified 10
appear before court which has iurisdic-
ton. There may be some force in the state
ment that where the publication has been
imperative there should be further citation
to them. But to say that there shall be a
republication OF all this law, when the ar.
| tiCle of the constitution referred to will only
prevent them from appearing before the
Third District Court. Now, sir, this, il is
true, is bill relating to the city OF New
Orleans.
l think, however, it was fixed for a special
day, and that it should have been acted
upon accordingly, instead OF coming up as
ordinary legislation.
|, sir, am in favor of saving every tay-
payer every cent of tax possible, although
was appealed to by a printer who thinks
ought not to be so hard upon the printers
MIR. Ray: think our legislation can moi
be retroactive. If there was publication
before this was passed we can not say that
that law amounts to a citation. The object
of this publication is that it shall answer in
the place of citation and petition.
Mr. Bacon: presume that under the
former law, of which, presume, this Is 8
repetition-there having now been Great
, the Third District Court, having
been prohibited from having juris-
dictlon, except in cases of appeal from
Justices of the Peace. l presume the OBJ
ject of this Is to transfer the jurisdiction Of
all these tax appeals from the Third Distrie'
, Court to the Seventh District Court. Tht
preamble reads that this legislation be
comes necessary because Of article eighty
three of the constitution, and that article L
simply upon this subject of jurisdiction il
New Orleans. Therefore, it Is very plsil
that the publication made under the forme
g law has Seen effective, and good in ever,
q thing except where citation has been mad
before one of these courts, which never ha(
jurisdiction in such cases. Therefore
there has been a sufficient publication un'
l der the former law, except where the cita
i. tion has been to this Third District Court
which never had jurisd ction in this clas
of cases; and there is 10 necessity for fur
g ther publica ion except in these cases.
All unnecessary expense should D.
| avoided. =....... .......
; And now, sir, with view that every Sen
ator may have opportunity to distinctly III
, derstand this matter, and OF getting 1t uI
! propose fixing it for Wednesday next.
/ / will also state to those who are inter
ested in the bill, that shall propose to re
j. duce the amount to be paid for this advel
tising from seyenty-hve cents line to TWEEN
v ty-fiVe.
The newspapers are now charging, q
their highest cash rates for second-page ad
vertisements, not more than fifteen cents
= line.
will be more than is paid by any body else
, and that il should be satisfactory to all put
!, fishers.
Mr.. Ray: am perfectly willing to pos
pone action on the bill until Wednesda
;, next.
The bill was made the specil
= order for Wednesday, the twen-y.sixth {
August.
g Mr. Lewis having introduced a bill for th
IS relief of Judge W. W. Handlin, said:
1t seems, Mr.. President, that Presider
!, Lincoln having issued 8 proclamation thi
slavery should cease TO exist from the fir
!. day of January, 1863 when Butler can
here that proclamation, as everyone know
was a dead letter in the South, and so r
!, malned until il was proclaimed and carrie
1t out by the Federal army. But it strikes m
g sir that that order excluded New 6rlean
~.