New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-09-01

resolution of this body it was ordered thai
where any question of doubt arose in the
minds OF the committee, they should apply
to the Attorney General Of the State for his
decision. have no objection to the advice
Of the Judiciary Committee, but / believe
the decision of the Attorney General upon
these matters is generally Considered to be
final, and il saves great deal of time and
trouble. Where we have been in doubt
heretofore we applied to the Attorney Gen.
eral, and had his decision.
We can do that in the future as we have
done in the past. Therefore. the resolution
sending the Committee on Elections to the
Committee on Judiciary is perfectly use
| less. 4ra
Mr.. Blackman: Mr.. President, wish to
state this: That it is not with any intention
| of casting reflection on the Committee on
Elections, because they may discharge their
duty faithfully and honestly, and according
to their understanding of the law. But
this question arises every, day, in every
election case, as to whether the law upon the
statute book with regard to election cases
should be complied with, and whether or
| not the Committee on Elections is bound to
i abide by that law as much as every citizen
| of the State is bound TO comply with every
| law on the statute books.
As state, this question is often raised be-
/ lUIC llkdb CDUiiufblt6s IdILic6 COubluSI
themselves aggrieved by the decisions of
that committee, and it is perfectly proper,
and 1t has always been the custom Of every
| deliberating body when questions arose
that should be decided by Judiciary COM
mittee-when points of law arose that in
volved the consitutionality or legality of
any lsw-I say it has always been
customary for the Senate to refer
the persons interested in them to the Judi
ciary Committee, which is supposed to be
composed of lawyers, men who are well in
formed with regard to the law. Therefore
it can be no reflection upon the committee.
This committee had no power to investi-
gate the constitutioDality or legality Of any
law as to the fact whether it is in force or
not. But that is question which legitim-
ately belongs to the Judiciary Committee,
and its decision upon it will save trouble
and prevent that question being raised and
argued at length by every contestant.
For these reasons offered the resolution
to refer such questions to the Judiciary
Committee.
It is not a proposition to take from the
Committee on Elections their privilege and
right to decide upon the rights of con-
testants; but it is simply question whether
the laws that existed prior to the adoption
of the present constitution upon this sub
iect are now in force and must be complied
with by contestants and sustained by the
| NOnIlllLcC On LAbCbAOuAs VI WAGlucT LHGN
are not now binding and should be disre-
garded by the committee, while they pur-
sue their own Judgment and understanding.
! think that members Of the Senate
will sustain the resolution on tht
ground that it does not interfere with tht
functions of the Committee on Elections il
the least, but that it is intended simply Il
furnish them with an authoritative decision
as to whether the laws on election cases ar,
to be complied with or disregarded by them
Mr.. Braughn called for the yeas and nay
on the motion to table, which resulted-yea
10, nays Is.
Mr.. Braughn hope, sir, the resolution
will be adopted. 1t simply contemplates
reference to the Judiciary Committee of tn,
. question whether the laws of the State ar
to be complied with in respect TO electio
cases. We know very well that we, as
body, can notinquire into the different quei
2 tions before the Committee on Elections.
t is necessary that such questions should
decided by that committee, and know, TO
/ experienced the fact myself, that question
of law, questions of evidence, and importan
= rulings are made by that committee, whicl
agree with one side OF the other, and it j
nothing but common justice TO a party fee
| ing himself sggrieved that he should hay
e the privilege OF appealing to the Judiciar
Committee of the Senate for their decision
q
resolution is an eminently proper one, an
move its adoption.
q Mr. Campbell: Mr.. President, / agree
sir, tally with the chairman of the Commit
tee on Elections, that this motion or resolr
: tion is one expressing distrust in th
ability and the correctness of the decisio
| of that committee-that this thing of refel
Z ring portion of matter which belongs I
one committee of the Senate to anothe
standing committee to decide for them,
an expression of distrust in the ability {
honesty, or both, OF that committee, and
y proceeding which is unprecedented in tn
body, or any other Of the kind with whio
IS l am acquainted. ] would like to knol
sir, what other committee Of this Hou:
n | there is before which questions of law a
not coming every day, and before whic
. parties of different Interests come ever
? day.
If the Senators desire that this commi
Il tee should be discharged-if they desire tn
- the Committee on Judiciary may be tn
D. question direct that the committee be d
q. charged and another appointed. But th
n is simply whipping the devil around Il
stump, and move that the resolution
postponed indefinitely.
n Mr.. Blackman The gentleman has stat.
q, that it is unprecedented to refer question
b, involving points of law from another COL
mittee to the Judiciary.
n, Ifmy memory serves me right, the Sena
has already referred questions of fnan
IN from other committees to the Finance Cor
mittee. 1t is a custom not only of the Sci
ate of the United States, but in every delil
g. erative body in, this nation, wherever Il
question has been raised in regard to Il
IN legality Of any law about which committ
is in doubt, to refer it TO a Judiciary Coz
mittee. If in the Senate there be any dou
as to the law upon a question before the
g. for consideration, they have universally
,f ferred TO the judiciary Committee, who
= province it is to examine these questio
as and points of law, and make their decisio
a. thereon. They devote their time and ate
,r. tion to the study of the laws Of the Sta
and they are presumed TO be more thOrous
=. ly acquainted with the law, and more reat
'7 to give decision upon points of law, tn
any other committee. Hence they are ca
ed the Judiciary Committee.
/ Now, sir, as has been stated, this resol
ton is not introduced TO cast a slur up
ne the Committee on Elections, but in order
expedite these cases-in order to bring Il
question to determination and decision
As to the point Of delay, the COMMITTEES
ils Elections may go on and examine into th'
cases. IhA Judiciary Committee need I
's- interfere IN the least with their investil
Mt tions; while the Judiciary Committee
examining these points of law the Comm
tee on Elections can proceed with their
Festigations. n
ne II the Committee on Elections in the ca
'c- now before it, receive instructions from q
IS. Judiciary Committee upon the law OF q
n case, then all other cases involving the san
= questions can be governed by IT, MoreoVe
by referring this and similar questions to u
o. Judiciary Committee, much time will
IT, saved, as the Judiciary Committee viii ge
he orally be able to decide these questions VII
to but little delay. In this case the decision
Sba IndieiarvS Oommfttee could be had {