New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-09-20
DEBATES OF THE SENATE.


SATURDAY, March IL, 1870.
The Senate met at half-past seven o'clock,
Senator jerks, President pro tem., in the
chair.
Mr.. Coupland: Mr.. President, rise to a
point of order; it is this, that the Senate Is
not legally in session. Article So OF the
constitution provides that less than a quo
rum can only adjourn from day to day, and
There was not quorum in session when the
Senate took q recess to-day.
The President pro tem.: The chair de-
eides the point not well taken.
Mr.. Coupland: Then l rise to another
point Of order. There was not quorum
present when the Senate took a recess, or
when the bill was fixed as the special order
for this evening.
The President pro tenn: The unfinished
business of the Senate is the motion to make
House bill No. 60, relative to the Mississippi
Valley Leyee Company, the special order
for half-past seven O'clock.
Mr.. COPELAND: l would ask. Mr. Presi
dent, whether less than q quorum did not
fix this bill.
The President: The resolution was not
passed; it was pending when the Senate
took a recess.
Mr.. Pinchbaek: Mr.. President, move to
amend the resolution SO as to make it eight
o'clock.
Mr.. Lynch: Mr.. President, / rise to a
point of order in reference to this resOlu-
ton; and call for reading of the minutes,
commencing with the introduction of the
resolution instructing the Committee on
Public Works, Lands and Levees to return
House bill No. SO.
The Secretary: The minutes are in the
hands of the printer; but l can state what
transpired. Mr.. Pinchback introduced the
Nsolution; Mr.. Packard offered a substi-
tute, which was tabled; the resolution of
Mr.. Pinchback ordering the chairman of
the committee to report was passed; mo-
ti0n was made to adjourn, which was lost;
motion was then made to fix this bill as
as the special order for half past seven
O'Clock this evening; Mr.. COPELAND asked
for a call of tho House; there was no quo
rum present, and the Senate took recess
till half-past seven o'clock.
Mr.. Lynch: Then, Mr.. President, as L
understand it, this bill was not before the
House.
The President, pro tenn: The Chair will
state that the resolution ordering the chair
man Of the Committee on Public Lands and
Levees to return this bill was passed. A
motion was made to fix the bill as the spe-
cial order for halfpast seven o'clock. Mr..
COPELAND asked for a call Of the House:
there was no quorum, and Mr.. COPELAND
took his hat and left The Sergeant-at-
Arms went in search of absent members;
other Senators came in afterward and
the Senate took . recess.
Mr.. Ray: Mr.. President, move that this
bill be fixed as the special order for Monday
next; it is utterly impossible for lis to act
on it to-night-that is. with any degree of
propriety.
Mr.. Pinchback: Now, Mr.. President, l
withdraw my motion to fix this bill at eight
o'clock, and offer as a substitute that the
bill be made the special order for Monday,
Immediately after the reading of the min
utes.
The biz was so fixed.
Mr.. Wittgenstein: Mr.. President. l now
move that we take up Senate bill No. 81,
which was laid on the table subject to call
now call up that bill.
The bill was read its second time. being
can act to establish an additional District
Court for the parish Of Orleans" and was
considered engrossed for third reading.
Mr.. Wittgenstein: Now, hIr. President.
ask suspension of the rules to put the bill
on its third and final reading.
Mr.. Futch: call for the reading OF the
title Of the bill.
The title was read.
Mr.. Ray: move a suspension of the rules
to put the bill on its third and final reading.
Tie rules were suspended.
Mr.. Todd: Mr.. President, l move now
that the bill do finally pass.
Mr.. Blackman: Mr.. President, let me rise
to point Of information. Has it passed
second readings (Yes). Mr.. President,
must again protest against the passage OF
this bill. know it is useless.
Mr.. Ray: move that the bill do now IL
nally pass.
MI. Blackman: MI. President know it is
useless to attempt to argue against the pas
sage of this bill; but l must again, in be
half of the people Of the city Of New Or
leans and the people of the State of Louisi-
ana, protest against it. | can not conceive
what circumstances or what state of facts
can possibly exist in the city of New Or
leans, Tor fin the State, as to require such
legislation at our hands. ask the Senator
why he wishes to strip the other judges in the
city of the power which has been and ought
to have been conferred on all District
Judges in louisiana How is it possible,
for Q proper administration of justice, to
take away the power of Judges to Issue the
necessary writs connected with litigation!
When q civil suit is once instituted in a
court, and the Judge thereof having proper
Jurisdiction, necessity may arise. and
does arise for the issuance Of a
yet, under this act, instead Of allowing
the Judge Of the Court where the suit was
instituted, to issue this writ, You compel
the party applying for it to go into another
court, before an entirely different judge. in
order to ask of that Judge of the Eighth
District Court: Will you please issue this
order which the other judge has not the
power to dol?
again protest in behalf of the citizens
and the people of the city OF New Or
leans, against placing in the hands of a
single solitary judge such extraordinary
power. We live, unfortunately, in extra
ordinary times, when there is political con-
fusion and corruption, as well as social: still
it is not proper that the rights of the peo-
pie should be left in the hands Of one man.
or at his mercy. What, in the name of COM
mon sense can be the cause of this! What
civilized community is there that would not
stand appalled, at such monstrous legisla-
ton? My God if a bill of this kind was in
trOducedin Massachusetts or in NewYork, or
in Pennsylvania OR any other Northern
State. you would hear an cutlery raised, not
only from Democrats, but from Republicans
as well.
But, unfortunately, we are so situated,
that know not for what reason,
but for some unknown reason-this
gentleman who framed this bill, wishes to
infict on the people irreparable injury ir-
reparable, because it will deprive the peo-
pie Of their rights, by placing this whole
power in the hands of ono District Judge,
and strip the other District Judges of their
power to issue wFits OF prohibition, man
damus and injunction. BY comforting this
extraordinary power, what do y ea; d0 co,1 If
happens to be an evil man. if he is subject
to bribery, if-as unfortunately is the case
with men sometimes--his human nature is
SO weak as to allow himself to receive brides
for issuing or refusing to issue such wIlts, he
could make not less than one million OF
dollars in his four years in office because it
Is left to him alone to issue wIits of injunc-
ton, mandamus or prohibition. Suppose it