New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-10-09
MINORITY REPORT.


JAMES s. MATHEWS.
MINORITY REPORT.
ROOM OF COMMITTEE ON ELECTIONS AND QUALr.O
hcations House of Representatlvts,
m =, - New Orleans. October 8, Is6t.
10 the Honora'le Speaker and Members OF the
House OF Representatives:
GENTLEMEy-The undersigned a member
OF your Committee on Elections and Qualifi-
cations 10 whom was referred the reDort of
the select committee to investigate the con-
tested election case of NJ. Casey versus J. N.
Judice, of the Parish of Lafayette, reports 10
your honorable body that he is firmly of the
opinion that had not frauds and intimida-
tion been practiced in said Parish when said
election was held NJ. Casey would have been
elected that he considers him entitled to
his seat, and recommends that he be admit
ted as REPRESENTATIVE from said Parish in
place of j. N. Judice.
(Signed) HARRY LOTT.
On motion of Mr.. Carr, of Orleans, the
consideration of the reports was postponed
until tomorrow.
Mr. Kent, of st. Helena, submitted the
following minority report in the contested
election case of Noe Douglass VS.. NJ. D. Ka.
vanagh:
Room OF COMMITTEE ON ELECTIONS AND QUAIL
hcations, House Of Representatives. state of !
Louisiana, New orleans, October s, 1865. !
To the Honorable Speaker and Members of the
House Of Representatives:
GENTLE9IEN-As a member of your Com
mittee on Elections and Qualifications. to
whom was committed for examination and
report the contested election case of N,
Douglass versus NJ. D. Kavanagh, Of the par.
tsh OF ST. Landry, feel it my bounden duty
to differ with the majority report in this
case, which recommends the admission Of
the contestant.
do not believe, under any circumstances
whatever that minority candidate shoul
be seated; for If fraud was proven at all,
the matter should be sent back to the peo-
pie for new election.
can not discover in the evidence suffi-
cient fraud to justify the report of the ma,
jority of your committee.
According to the official report of the
Secretary of State, M. b. Kavanagh had
majority of 257 votes over N. Douglass.
The number of votes cast for the Consti-
tuition were 2309, of which 30 were those of
white voters and 2277 were those of colored
voters.
The number of votes cast against the Con.
stitution were 1924, of which 1906 were
those of white voters and 3jS were those of
! coOred voters.
The majority against the Constitution was
315 votes.
Hence, the prima facie evidence of the
returns shows that if there were any frauds,
| they were not sufficient to defeat KaYauagh'5
election.
Therefore recommend that NJ. D. Kava-
| nagh be confirmed in his seat as Repre-
| sentative OF the parish of st. Landry.
Respectfully submitted.
AMOS KENT.
Mr.. Smms, Of st. Landry, moved to adopt
the majority report
| Mr.. Kent, Of st. Helena, moved to post
pone further consideration until tomorrow,
and that the report be printed in the Journal.
Mr.. Simms, of st. Landry, moved to lay
the motion on the table.
Carried.
Mr.. Lee, of st. Bernard, offered the fol
lowing resolution:
Res0lced. That neither NJ. D. klvanagh,
| OF st. Landry, or Noe Douglass, of the same
| parish, are entitled to seats in this body,
and that the seat claimed by them is hereby
declared vacant.
On motion of Mr.. Gair, of East Fcliciana,
the resolution was laid on the table.
Mr.. McMillen. of Carroll moved that the
House instruct the Committee on Elections
and Qualifications to furnish him with the
testimony given before said committee in
the contested election case of Noe Douglass
vs.. N. D. Kayanagh.
Lost
Mr. BurreI, of St. John Baptist, moved
to postpone further consideration of the
report until Monday at one O'Clock, and
that the testimonies given before the Com.
mittee on Elections and Qualifications be
printed.
Carried.
The Committee on Enrolment submitted
the following report, which was received
al d accepted
COMMITTEE Rooms on EMBODIMENT, }
| House of Representatives,
New Orleans, La, October 8, ls6s.
| To the Honorable Speaker and Members of the
House of Reprc ,entatiyes
Your Committee on Enrolment begs
leave to report as duly engrossed;
House bill No. -.
And also duly enrolled:
Heuse bill No. l5i, an act to authorize
and require the Mayor and Common Coun-
Gil of The city of New Orleans to issue
bonds for the redemption OF the CITY Notes,
and for the liquidation of other indebted
ness.
House bill No. 246, an act to amend and
| re-enact the third section of an act to fix
the terms of the District Court in the Thir d
Judicial District.
| 44OQNN bllA NJ IL +, an tGL W prevent luG
issue OF false receipts or bills of lading, and
to punish fraudulent transfers of property
by cotton presses, wharfngers and others.
Respectfully submitted,
o. II. BREWSTER,
Chairman Committee on Enrolment.
MESSAGE FROM THE SENATE.
The Secretary of the Senate was an
nounced, informing the House that the
Senate had concurred in House bill No. 212.
Also, asking concurrence in Senate bills
Nos. 263 and 267, and announcing COM
munication from the Senate.
A communication from the State Auditor
was received and referred to the Committee
on Ways and Means.
SPECIAL ORDER OF THE DAY.
Reports of the Committee on Ways and
Means were taken up.
Mr.. Garstkamp, of Jefferson, moved to
postpone further consideration until to-
morrow at one o'clock.
Carried.
Senate bill No. a was taken up.
Mr., Carr, of Orleans, moved to postpone
further consideration until Thursday next.
Lost.
Mr.. Holland, of Tensas, moved to post.
pone further consideration until Wednesday
next.
Mr.. Garstkamp, of Jefferson. moved to lay
the motion On the table.
Messrs. Holland and Burrel called for the
yeas and nays, resulting as follows:
Yeas Abbot, Adelphe, Buckingham
BelOt Bergeron, Collins. CnrraIl Crav-