New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-09-22

Mr.. Bacon: Mr.. President, ! move 10
| strike out ALL IT,, - 100 q
Mr.. Poindexter: Mr.: President, I do not
| think that
Mr.. Ray: Mr.. President, offer this
| amendment now: ,ss.4t
Provided. That none of the tolls stipulated
| by this act to be paid said company shall he
due or collectable until the entire work Of
protection, required by the second section
| of this act, is completed, and the completion
thereof is made known to the Governor by
the commission of engineers, to be appointed
according to the second section of this act,
under the oath of said commissioners, or o
| majority Of them, and the liability to such
toll shall not commence until such work
| is completed; and that said company shall
be under no liability for damages, as stipu-
lated by the fifth and other sections of this
act, on account of injury from overflow,
until one year shall have elapsed from the
time this act shall 90 into effect and that if
such work be not completed within one year
from the time this act goes into operation,
that this act, and the contract resulting from
it, shall be null and void.
Mr.. Ray: This amendment, Mr.. President,
is the same as the other, except the last
clause, which says that if the work is not
completed in twelve months this act shall be
null and void. l am satisfied that many
Senators did not understand the question
when they moved to lay the provis0 on the
table; l believe this is just amendment,
and urge that it we want the people OF the
State to be protected, it should be adopted.
1t can do the company no harm if they
carry out their pledges; we give them ample
time, and as they have capital Of $50, OOO,-
600 there can be no harm in requiring
them to complete their work before
we are required to pay them toll.
Until we have protection, 1t is unreasonable
to require any pay. Let us have protection,
and then let us be required to pay. This is
q contract here which no man in his senses
will make. l say, we create corporation,
and contract with it. Let us then, like
business men and sensible men, require
them to do their part before paying them.
If you make a contract, if any Senator here
was to make a contract on his own account,
and for his own advantage, he would never
permit. r
Mr. Wittgenstein: rise to point of or
der. The gentleman has spoken twice ON
this subject.
The President: This is different amend
ment.
Mr.. Ray: Now. Mr.. President, have but
little more to say. Iappeal to the Senators
as business men and men of sense. We are
making contract with company such as
has, perhaps. never been chartered before,
with capital of $50.0OO,OOO. I appeal to
the Senators not to allow them to take pos
session of levees which have cost the State
S25,OOO,OO0, perhaps $5O,OOO,O0O, and give
them the power to collect toll, without first
requiring them to put the lcvees in proper
condition. When they complete their part
of the work, then it is time enough to pay
them. l say that no man in his senses, on
his private account, would ever make such
a contract as this. Now, Mr.. President,
ask a vote on this prOvisO
Mr.. Campbell: Mr.. President / merely
wished to say, that the whole argument Of
the Senator is a mere repetition OF what he
said before.
The amendment which he proposes would
be killing the bill.
Mr.. Ray: Well, then it ought to be killed.
Mr.. Campbell: therefore mOve,tO lay the
amendment on the table.
The amendment was tabled by vote of
16 to II.
Mr.. Futcll: Mr.. President, 1 have an
amendment to offer as a substitute for Sec
ton eighteen.
That it shall be the duty of the Governor
to submit this act to the voters of this State
at the next general election, for their ap-
proval or rejection, and if a majority of the
voters as aforesaid approve the same, it
shall be the dutg Of the Governor to make
proclamation thereof immediately upon the
returns of said election being made to the
proper officers, and result declared and
this act shall go into effect ten days there
after, provided the said company, ON or
before the vote of said proclamation, shall
have deposited with the Auditor and Treas
urer the amount of bonds specified in the |
sixth section OF this act: and in case it |
should fail to make such deposit ON or |
before the date Of said proclamation, this !
act shall go into effect on the first day of |
June. 1871; provided such deposit of bonds |
be made on or before said first day of June, |
1871, and in case said company shall fail to |
first day of June. 1871, this act shall be con- |
sidered and deemed null and void, and have |
no effect whatever.
Mr. Campbell: move to lay that amend
ment on the table.
The amendment was' tabled by a vote of |
l8 to II, and the section adopted as amended
Mr.. POindexter: have an additional Sec
ton to offer:
THAT no distinction shall be made by
said company on account of race, or pre-
viOus condition, between the persons en-
plOyed in the construction and mainten-
ance of their levees, or between passengers
either in their railway carriages in the de-
pot buildings. or upon their ferry boats
within the State
Mr.. Witgenstein: Mr. President, have
no objection to this amendment, but l do
not see where the railway carriages come
The President: What has this to do with
-ailroad!
Mr.. Ray: This company is authorized to
Guild railroads.
The proposed section was adopted
Mr.. Ray: Mr.. President, l have an addi-
ional section to offer.
'SEC. %. That at the expiration of the
line said company is tOexist by this charter,
h0vf foil 10,
is obligations as provided by this act, that
vi the levees and their appurtenances which
nay lave been constructed or repaired by
aid company shall revert to and become
he absolute property of the State, without
my charge or remuneration to said company
herefOr."
will say that there is in the bill as vet
10 provision that the levees, at the expira-
ion of the contract, shall revert to the
tate.
The section was adopted.
Mr.. Campbell: l offer the following sec
ion:
That whenever the States of Mississippi,
ARKANSAS Tennessee and Missouri, or either
+ said States, shall confer upon the Missis-
ippi Valley Levee Company privileges and
similar to those conferred on said
ompany by the State of Louisiana, the |
tate or States so comforting privileges and
shall be entitled to directors in
he said company as follows, to wit: The
tate of Mississippi, seven directors; the
tate of Arkansas, four directors; the State
Tennessee, two directors and the State of
lissouri, two directors Adopted.
Mr.. Wittgenstein: Mr.. President, I now
all for the reading of section two, which we ,
assed over.
Mr.. Ray: Mr.. President, this second sec
on is very important. i have not had time
} examine it fully, and it strikes me that
,or ul,f hf,f Il