New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-04-26
till eight o'clock carried by unanimous con-

tiOuS maue 10 Iue uOlOu.
Mr. Lewis: call for an appeal from the
decision of the Chair.
The yeas and nays were called.
Mr. Day: Mr.. President, before the vote
is put, be SO good as to state what the de-
cision is
The President The Chair decided that
it would take unanimoua consent to sUS-
pend the rides.
Mr. Wittgenstein: Mr., President, is
there any rule which requires unanimous
consent TO postpone the special order?
Mr.. jerks: Mr.. President, before the
roll is called L wish to state | voted to
sustain the Chair GA this point, that the
special order of the day was always in
order, ard the bills mentioned in the Gov
ernof's message have been made special
orders, but it. occurs to me that the re-
solution Introduced by the Senator from
Ouacbit' OR. Ray) was made one OF the
rules, and hence | take it, that by two
thirds vote of the Senate we can suspend
this or any rule of the Senate.
Mr.. Lynch: Mr.. President, | rise to a
question of order. TIE Chair has made
its decision; an appeal has been taken
and discussion is cut of order.
Mr. jerks: l think before the roll is
ca led discussion is in order.
Mr.. Lynch: Mr. President, the position
Of the Chair was that those bills men
toned in tia Governors proclamation
should take precedence, by the law passed
in reference to extra sessions and by the
resolution adopted by the Senate.
Mr.. Lewis: MIR. President think sir,
from the reading of that resolution, that
bu
special orders Of the day, but fail to de.
tect anything making them anything else
but special orders of the day. | see
nothing in that resolution that says it
takes any unanimous consent to suspend
that rule, but simply as a special order of
the day it may be acted upon or post
poned under the original rules of the
Senate; and l defy any man to take up
that resolution and point out one single
iota that changes or makes it any more
than special order of the day, the same
as any other special order, before the Gov
ernor pointed out and selected these bills.
Now, | ask for the reading of that resolu-
ton again, and | ask you or any other man
to point out any sentence that makes it
any other than special order OF the day
Then [ hold that it is nothing but a special
order of the day, and under the rules we
can postpone the special order Of the day.
The President: The Chair has taken its
position aud the Senator has made an APP
peal: the roll will be called.
The Chair was sustained by vote of
20 yeas to 10 nays.
Mr.. Smith: MIR. President, I rise to a
question of privilege. 1 merely wish to
say that there seems to be spirit of I'M
fairness, not that allude to the President,
but there seems to prevail spirit of I'M.
fitness on the part OF certain Senators:
and if this spirit is going to prevail shall
oppose any suspension of the
rules hereafter, though do not wish to be
factious.
Mr.. Lynch: Mr.. President, I rise to a
question of privilege. | called attention
to the fact that the hour had arrived for
the special order of the day did this in
kindness, and in spirit wishing to &C
the Senator who had the floor.
hereafter. | certainly had no idea of any
whatever. Nov ,ksir, call on
the Secretary to read the law regulating
extra sessions, and the proclamation of the
Governor calling this extra session. do
this in justice to myself
The Secretary read these documents.
Mr.. Lynch: Mr.. President. in continual
ton Of the few remarks I made, and my
question of privilege, | will state that the
special order for this day is one of the |
bills mentioned in the Governors procla-
nation and the decision Of the chair was
in accordance with the spirit of that law,
the proclamation and tie resolution |
passed by the Ssna'e. AS to the |
a sertion of the Senator, that he !
intends to oppose any suspension of the !
rules hereafter, l will say that | have no
particular measures to bring forward that |
viii not meet with the approval Of the |
senate, and if this be called spirit Of IN
to insist on proceeding with the |
of the special orders, instead |
If measure making such large appro-
)riation. and which l deem both unwise |
md unjnst-if that be considered unkind
less, hope | shall ever be unkind.
The special order of the DAY was taken
lp, being IAN act to establish an add
lonal District Court in the parish of Or
eans,' etc. =
Mr.. Campbell: Mr.. President | move
hat the bill be considered engrossed.
Mr.. Ray: Mr.. President, this is long
ILL., andImove to take it up section by Sec
ion.
Mr.. Futcb: Mr.. President, is it not
ONT Of order, that a Senator can call for
reading of the entire bill?
The President: A Senator certainly has
bat right, but the question now is on the
notion TO take it up section by section.
Mr.. Ray: Well. perhaps the better way
'ou!d be to let the bill be read all through
Tst. and then section by section after
ard.
Mr. Backman Mr.. President, I want to
ate my objections to the whole bill, and
len if you wish to take il up section by
3ction, You can do so. | now make the
lotion 20 take the bill section by section.
r. President, had hoped sir. that some
me toward the middle of the session,
nd the Legislature had gotten through
18th most of the bills of political
naracter, which it seems they were al
lost forced to pass, that then bills Of
lch character could be laid aside
nd Senators turn their attention
} measures for the general benefit of the
tate OF Louisiana; but right on the very
cells Of the bills passed last session, and
lis of political character, this bill is in I
oduced. Now, sir, if the provisions as
ropOsed are carried out, it will strip the (
ldlciary of the city of New Orleans of
ne powers guaranteed under the consti-
on. To organize court with exclusive {
lrisdiction in the matter of certain writs t
ecessary in the administration of justice,
indeed, MFR. President, wrong, and | {
light say almost alarming, when we take
Ito consideration the great interests
stake that may be thw3rted |
y confiding the exclusive power to issue
rits Of mandamus, injunction and other I
rifs to one single, solitary District Judge t