New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-07-24

well to count and compile votes cast for
Justices of the Peace for Ward No. of said
parish, and make return of the result there.
of to the Secretary of State.
Mr.. Ray asked for the suspension of the
rules to put the bill upon its second read
ing:
The rules were suspended and the bill
read a second time.
Mr.. Ray moved that the question he
put whether this bill shall be engrossed for
third reading.
Adopted.
Mr.. Ray asked that the rules be susperd.
ed that the bill may be read third time.
The rules were suspended, and the bill
read by its title.
Mr.. Ray moved that it be adopted on its
third reading.
Adopted.
The title was then adopted, and the Sec.
retary directed to inform the House of the
concurrence of the Senate.
Mr.. Smith asked for suspension of the
rules to introduce a petition of Mrs. G..
Burke, late of st. John Baptist.
The rules were suspended and the petition
received.
On motion of Mr.. Smith it was referred to
the Committee on Claims.
BILLS ON SECOND READING.
Mr. Bacon called up Senate bill No. 23-
An act relative TO imprsonments and fines,
reported on favorably by the Committee on
Judiciary.
Mr. Bacon moved to strike out the words
or Recorder Of any municipal corpora
tion,n in lines five and six of first section,
printed copy. Also to strike out the word
shall" ,isa in 18th the ffteenth nth line
" adjudged' and insert the word " alIegedn
in line three of section two. Also in line
fifteen, section two, to strike out the word
"shall.n
The corrections were adopted.
Mr.. Bacon moved that the bill be consid-
cred as engrossed in order to put it upon its
third reading.
Adopted.
Mr.. Bacon moved that the rules be sus-
pended for the third reading.
The rules were suspended and the bill
read.
bill.
The bill was adopted.
The bill was adopted by its title. .,.,g,
The bill as passed is as follows:
An act respecting imprisonments and fines.
SECTION l. Be 1t enacted by the Senate
and House of Repreee natives of the State
of Louisiana in General Assembly convened,
That whenever any court or officer exercis.
ing judicial functions in any parish or
municipal corporation in this State SHALL
by virtue of any law of the State, or ordin.
ance OF the Police Jury of a parish, or
Common Council, or other like municipal
legislature of any city or town in this State,
adjudge against any person any term of i'm
prisopment, or any fine, for any offense
against the State, or for any violation of the
ordinances of such parish, city. or other
municipal corporation, it shall not be COM
petent for such court or judicial officer to
remit any portion of such fine or imprison-
ment nor to alter or amend the sentence,
Judgment, or order, whereby such fine or
Imprisonment shall have been adjudged.
SIC. 2. Be it further enacted, etc. That
whenever it shall or may be alleged that
any fine or Imprisonment so imposed is ex-
cessive, or that for any reason the same
ought to be abated or remitted, in whole or
in part, it shall be done in the case it be a
hne or Imprisonment imposed under law
of the State, in the manner which may be
directed by law, and if it be fine or i'm.
prisonment imposed by the ordinances of a
Police Jury, the same may be so remitted
or abated only when the Judge of the par
ish shall recommend the same to the Police
Jury, and the Police Jury shall consent to
the same; and when the same shall have
been imposed under an ordinance of any
city, or other municipal corporation, then
said fine or imprisonment may be SO abated
or remitted only upon the recommendation
OF the Mayor or other chief magistrate
thereof, and the consent of the least numer.
Gus branch of the municipal legislative
body, and not otherwise.
SEC. 8. Be it further enacted, ETC., That
this act shall take effect and be in force
from and after its passage.
Mr.. Day called for a second reading of
his bill-An act to repress and prevent lar
ceny-reported on uniaYorably by the Com
mittee on judiciary.
The bill was read.
1t provides that for the first conviction
the penalty shall be Acknowledgement tor
4la1 a IfeF,a
for five years; for the third disfranchise-
ment for life.
Mr. Day: AS the mover of that bill, per-
haps it may be necessary to offer few rea-
sons why introduce it, ! presume, sir,
have no right to question the hasty and un-
ceremonious manner in which the Judicia-
ry Committee have seen fit to report un-
favorably upon it.
The object and intent of the bill being to
abate great and general evil in our State,
and to raise the standard of honesty among
every class of our citizens.
In offering this bill I was actuated by
high motives and desire to promote the
general welfare as far as it could be done by
legislation. And, sir that bfil is in strict
accordance with the spirit of article ninety
nine of the State constitution, that dis
franchises all persons who shall be convict
ed of treason, perjury, forgery, bribery,
etc. The only difference is that this bill
adds to the acts punished with disfranchise-
ment that of larceny, common and
ruinous practice all over our State,
destroying general confidence and trust, aud
involving endless litigation, expense, and
personal confinement in parish ialls. Now,
sir, can 1t be possible that any Sena or on
this floor can refuse to lend his aid and
eountenanee TO any reasonable plan that
may be offered to make the pCople of
their State honest, and repress this growing
evil.
The points to be examined in the consid-
Grafton of this bill are plainly thoce;
First, win the plan proposed be adequate
to accomplish the end sought, or does 1t
tend to that favorable result? And SCI 5ondly,
does it infiict deprivation greater in mag
nitude than the crime demands?
Mr.. President, in considering the first
question, need / advert to the inestimable
1t is the first expression of the right of man
hood, made sacred in American history by
our revolutionary fathers. And where is
the man who treads American soil, whether
bond or free, or lately enfranehised, that can
lightly esteem this privilege! Then, sir,
hold that no amount Of imprisonment and
fines will so deter men from the commission
Of crime in the heat Of passion as the pen.
atty of disfranchisement
Letthis bill become law; let it be known
throughout the State that he who steals can
not vote and tell syou, sir, that this mid
night prowling and depredations will cease;
men will begin to practice honesty as from
second nature. .,s.-.
In the second place, have, sir, to in
quire, is the punishment or deprivation
proposed in this bill unusual, severe, or
disproportional to the magnitude of the
offense? / maintain il is not. The crime