New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-08-19
OF a RAILROAD BILL.
Finance Measures Considered in House
SENATE.
FOrty-TAlrd Days Proceedings

Forty-TAlrd Days ProceedIngA
TUESDAY, August IS, 1868.
The Senate was called to order by the
President at eleven o'clock.
The roll was called present the follow
ing members:
Anderson, Blaokmau, Braughn, Camp
bell, Coupland Darrall, Day, Egan, Fran
eois, Futch, Z. l.. Jewell, Kel5o, Lewis,
Monette, Offutt, Ogden, 0'Hara, Packard,
Poindexter, Pollard, Ray, Smith, Thompson,
Todd, White, Whitney, Williams, Witt.
genstein-2s.
Prayer by the Chaplain, Rev. Mr.. Turner,
REPORTS OF STANDING COMMITTEES.
Mr.. Ray, from the Committee on Judi.
ciary, reported favorably with amendments
upon Senate bill No. l25, an act to provide
for taking the testimony of witnesses in suits
pending in the courts of this State, and
moved that it be printed and made the
special order of the day for Monday next.
Adopted.
Mr., Smith, from the Committee on Eloc-
tions, presented the following report
SENATE COMMITTEE on ELECTIONS
New Orleans, August is, 1863,
To the Honorable Members Of the Senate;
By a resolution of the Committee on
Elections, as no contest ant for the seat of the
Hon. r. W. Futch has appeared before them,
the following affidavit of Mr.. Thomas L.
johnson is respectfully returned to your
honorable body for its action, with the re.
quest that the committee be relieved from
further consideration of the subject.
MORTIMER F. SMITH,
Chairman.
Mr.. Anderson; move that the rules be
suspended to act at once upon the report OF
the committee.
Rules suspended,
An affidavit before r. H. Shannon, United
States Commissioner, inclosed with the
report of the committee was read. 1t alleges
that r. W. Futch is not registered voter.
Mr. Anderson: understand the report
of the committee to be that Nr, Futch is
entitled to his seat. I move that the report
be adopted.
Mr.. Thompson: will state to the Senate
that there is really no contest in the case
One of the members of the Board of Regis
tration files an affidavit before the Commit
tee on Elections, which simply snnou nee;
the fact that Mr. Futch is elected from s
parish in which he is not registered, ant
refers it back to the Senate for their furthe,
action.
The President: The Chair is OF opinion
that this report should lie over until MI
Futch is present
Br. Blackman moved that the affidavit
and petition be dismissed.
Mr.. Campbell: Before that is done l thinl
it is not too late for the Senate to do what
ought to do-consider the question of eli
gibility. If there is no contest, and the sit
ting member is ineligible, it is due to tn
Senate that we should take this matter int
consideration and dispose of it with du
deliberation. think it should be referre
to the Judiciary Committee, with instruc
tions that they report the fact whether Bll
Futch is eligible or ineligible.
The President: The motion to reconside
takes precedence.
Mr.. Braughn: The committee recommep 4
that the affidavit be withdrawn. | NOV
that the report of the committee be adopted
and that the affidavit be laid on the tabl,
Mr.. Campbell: l withdraw my motion
| anu ulONG Lndb l4O GAlAAheRNAA anu etAS ~ ~!
be referred to the Committee on Judi ciar,
ask whether motion to commit does nj
take precedence of any other motion!
Mr.. Ogden: 1t is not motion to commi
it is motion to refer.
Mr.. Campbell: A motion to commit theI
to refer and to commit mean the sam
thing.
Mr.. Ogden: There is a motion alread
before the house. No motion can take pr
cedence of that but motion to recommi
Mr.. Blackman: A motion to lay upon tn
table has precedence of any other motion
Mr.. Braughn: 1t seems that this afidav
has been lying in the hands of the committC
for the last two months, and that the part
making it has not appeared or made an
movement to prosecute the contest. Nov
under these circumstances it seems to n
that the proper action of the Senate will
to lay this affidavit on the table. This ca
do its author no injury. If at any time her
; after he should appear and sees fit to pros
cute the contest, the Senate can take Ii
matter up again.
Mr.. Thompson: desire to make th
statement that this party came before th
committee twice, and asked to be permitte
to withdraw that affidavit. l told him ths
| the affidavit was &c pGrte, and amounted
nothing. / did not wish to take any actio
on it at all. The committee saw fit to repol
it back to the Senate for their action.
Mr.. Lewis: 1t is question involving th
| o1i irih ifryO Of q Gan0fnP If y1pdar fba
stitution he is ineligible he has no MOI
right to a seat here than if he were nc
elected. Therefore as this subject involve
a question of law think it necessary an
proper that it should be referred or CON
mitted to the Committee on Judiciary, VIII
can decide the qustion of law and repol
back to the Senate.
The President: The Chair is of the opinio
that the motion of the Senator from tn
Second District is in order from this fac
The effect of laying the affidavit on the tabl
will be that it will there be subject to b
taken up at any time. Now, should an
Senator be disposed to take up the mattcl
and consider the question of eligibility,
can be done.
Mr.. Lewis: The question of eligibility
one that should be investigated by the Sen
ate, and it would seem necessary that th
report with the affidavits should so befoI
the Committee on Judiciary.
The President: The Chair will state als
that each member is sworn to support Il
constitution as well as myself, and if Il
gentleman is not eligible to his scat, it d
wolves upon them to take measures to pr
. rant II Tho nner1. fact ~ I..,i,,r. tba a e;d