New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-08-13

lLy Reports OI LDc
Resolued, That the Honorable N. A.
Foute, r. N. Ogden, and G. II Braughn,
are not entitled, by reason of their ineligi- |
bility, to seats in the Senate rs Senators |
from the First Senatorial District of the |
State of Louisiana
MORTIMER F. SMITH,
Chairman.
GEORGE Y. KELSO,
X. POINDEXTER,
PATRICK 0'HARA.
Attest:
J. B. RICHARDSON,
HENRY l.. JONES,
Secretaries.
SENATE COMMITTEE ON FLEoTToNs.}
New Orleans, August i, 1858.
The undersigned, member of your COM
mitiee, while agreeing III Tie majority re-
port so far as relates in the cases OF Hon ".
A. Fuute and R. n Ogden, does les gect.pi
ly beg leave to dissent from said repori n
the case of the Hon. G. H. Braughn, behrv.
ing as do, from the evidence Submitted,
that Mr.. Braughn is clear entitled to the
seat which he now occupies in your honora-
T. V. COUPLAND.
Attest:
j. B. RICHARDSON,
HENRY l.. JONES,
Secretaries.
SENATE COMMITTEE on ELECTIONS,
New Orleans, August 8, 1868. :
In the case of George W. Nader VS.. NJ. A.
Foute, the undersigned, member OF the
committee, submits the following report:
That we find Mr.. Foute eligible under the
laws TO take his seat
If otherwise, Mr.. Nader can not take ad-
vantage OF his inelgibiity rs the same laws
would apply with equal force to himself, for
it is in evidence that Mr.. Nader took an oath
to support the Constitution of the United
States, and was afterward an officer in the
Confederate army. Conseq quently he can
not question the eligibi ity Ur ineligibility
of Mr. FUute, as the law iorbids him lnvok-
| ing its aid when he is subject to the same
| legal opposition, i. e., he Can not take ad
vantage of his own wrong.
IL is in evidence that Mr.. Foute aided re.
construction as contemplated by the ninety.
| nintn article of the constitution OF Louist.
| ana. The recantation is not necessary in
the premises.
Section three of article fourteen of the
| constitution can not apply to his case, be
| cause he never held judicial or an eXeCu
tive office prior to January, 1851.
But should the Senate differ with the
| undersigned in the position assumed that
he did not hold judicial OF an executive
office PRIOR to January. 1861, then the recon.
| struction acts or the omnibus bill CAP not af
| feet his position without having a retroactive
| tuGtl, WHICH IS tilt Hdllt as du tx DubL ltltlL
law when is forbidden by the organic Law
| of the land, and which law bears upon il
] the approval of the accumulated ages o.
| wisdom.
In the case of thu contested seat of r. n
| Ogden you committee submit that he is per
iectly eligible for the same reasons assignee
| in the case of Judge Foute.
| Judge Braughn is q registered voter, and
it is in evidence that he openly advocated
reconstruction, and is perfectly eligible
| under the laws, to retain his seat.
Therefore, the pretensions of the contest
ants, George w, Nader solomon Moses
and David Wilson being untounded in lag
and evidence, the undersigned committe
recommend that their claims be rejected
and that NJ A. Foute. R. N Ogden, an
George H. Braughn be declared entitled T.
| their seats.
Respectfully submitted.
WILLIAM L, THOMPSON.
Attest;
J. B. RICHARDSON,
| HENRY l.. JONES, Secretaries.
A communication from the Secretary I
the Governor, in which he advises the Ser
ate that the Governor had approved of an
signed an act to regulate proceedings i
reference to persons claiming the benefit
Of article ninety-nin of the constitution
was read.
communication from the Governor
transmitting to the Senate the annual re
port of the Levee Commissioners, was ais
read.
Mr.. Ray offered the following resolution
ReSolued, That the petitioners in the case
of George w Nader, David Wilson, an
Solomon r. Moses, VS.. NJ A Foute, G. !
Braughn and R. N, Ogden, be aud they II
hereby withdrawn from the Committee o
Election and Returns, aud are dismissed b
the Senate aud the contestants in said cas-,
be allowed the per diem allowed to mem
bers of the Senate, from the first day of IL
session to the present time; that they /
allowed to draw the same on their own wa
rant, countersigned by the chairman of I'll
Committee on Contingent Expenses for Ii
Senate.
The resolution lies over under the rule
On motion of Mr.. Blackman the Sena
adjourned.