New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-03-18
DEBATES IN THE SENATE.
MONDAY, February 81, 1870.
ECONTINTED


[CONTINUED.
Mr. Ray, under suspension OF the rules,
called up House bill No. AZ, can act to reg
ulate public education in the State OF Loul-
siana snd to raise revenue for that purpose
(from first reading fle) which was read
Mr.. Raw: Twill state in regard to this bill.
that whenever we have had suit IN court,
have had to go among my personal frienos 10
get bonds, and it has been very humli!aung
70 me. / last week had 10 give security Tor
$4,000.
One of the police officers who was shot
on1 had his leg ampu. ated, was taken to the
Infirmary, and they charged SiZJO. Inc
hoard considered that bill too large. They
drought suit and the court decided against
ms. and we took an appeal, and it was neces-
ssrv for me to furnish bond of $4,000 to get
that appeal. OF course it caused me consid-
cradle trouble and vexation to go to disin-
terested parties and get them to sign bond
to that amount.
Mr. RiacLman: Such a law as this might
have operated very well III that particular
instance where injustice had been done;
where court has given Judgment for large
sum, ii would be uDjustiiabe. But can
see no reason why u citizen OF the state
ought not 10 exact from the Board OF
Metropolitan Police a suspenslye appeal. IL
looks as if it were from an individual NOW,
if the Metropolitan Police force gives an
appeal bond merely for costs of court, what
secnritv.is there, where an individual has
sued the Metropolitan Board, after Judgment
has been rendered against this Board, in the
court of last resort that the lndlVlduaI VIII
recover. We must remember that this is
not 1. State affair; that 1t pertains alone to
the cities of New Orleans and Jefferson. 1t
ia merely local in its jurisdiction, and ought
to be required to give bonded security
as much as any other corporation.
The President: Well, this bill is only to
operate on the bonds of the metropolitan
Police District.
MIR. Blackman: That is true; but the
question wanted to get at is this: Suppose
party WAS damaged by the METROPOLITAN
tain amount CT damages, what security
would there be for the individual If the
board wanted to take it up to higher
court? You may say, Mr.. President, that
the police bonds are theresa Is the bond OF
the Treasurer of the State, or the Mayor OF
New Orleans, but how can you make him
respopsible for it unless there is fund in
the hands of the Metropolitan board How
can he get his Judgments? Surprising the
court of last resort decides in his favor, he
has to lay out of his money durir G the trial
of appeal, and at last has no security. L
shall ask the yeas and nays on this cues ion.
Mr. Bacon: Before the question is put L
wish to state the reasons, briefly, that Will
actuate my vote.
The President; There has been one name
called. hope the Senator Will not violate
the rules.
Mr.. Bacon asked to be excused from
voting, which the Senate permitted.
; The bill was finally passed, u yeas, )
avs.
s, l.. James, G. B. Buckner, Z. Bynum, or
their assigns, for and in the place OF John
NJ. Huger and Charles Jones, as lessees.
under an act of lease of the Louisiana State
Penitentiary executed between his excel
lency Governor Joshua Baker and Messrs.
Huger and Jones, approved by General W.
g. Hancock, and dated March Is, 1868, and
ratified by act of Legislature approved March
S, 1863: also, to alter and extend said lease
twenty-one years, at an annual rent OF S50OO
for the first year, $4,000 for the second year,
and increasing $1,000 each year until eXplra-
ton Of lease" being hinder consideration
Mr. Lynch: ] am opposed to certain sec
lions OF this bill because think 1t does In
Justice to the State. l have no objection
whatever to change the names of the lessees.
but | do object TO the conditions under
which this lease is to be extended twenty
one years, and | hope proper opportunity
will be given to read the bill. II | under
stapd the bill it is on the condition that
500 COO be paid the first year, and an add
tional $1,000 each succeeding year. This
lease is to be extended twenty one. years.
/ wish, Senators, to understand that the
$500, eco issued for the benefit Of the State
Penitentiary cost tie State $50, coo year.
After all that has been done by the State
TO these lessees l think as lutte as they
should be required to do is to meet
the interest on the bonds issued
for the benefit of this corporation
1t seems to me that the provision made
there to give the State five thousand dollars
q year is entirely too little, and it would be
unjust to fas,en this corporation on the
State twenty one years under the circum-
stances. ] would much prefer to have it
read, to have an opportunity OF inserting
amendments; but ii opportunity is given to
amend 1t so as to make the corporation pay
the interest on the bonds every year. But
the time to which it is proposed to extend
the lease is too long. do not think this
company or any: other should control the
3 Penitentiary Tor twenty.One years.
Mr.. Todd: believe the proper motion is
the adoption of the bill on the second read
ing.
sion of the rules is necessary.
Mr.. Braughn lin the chair): | announced
rs my opinion that being House bill, a
former residing had to be taken.
Mr.. Lynch: l call for the reading Of the
bin section by section.
Mr. Todd: Must that be done without a
vote?
Mr.. Braughn, in the chair: Yes. sir; that
is my opinion.
Section one was read.
Mr.. Campbell: move TO postpone further
Consideration Of the bill until tomorrow.
Mr.. Lynch: second the motion.
Mr.. Thompson: l move to lay that motion
on the table.
The motion was laid on the table, yeas "a,
nays 6.
Mr.. Anderson: This is q serious matter.
believe under this bill it is proposed to lease
the Penitentiary to these gentlemen fo1
$4,000 for the first year and $1,000 additional
after that, and SO ON. The bonds dedicated
to that institution last year put it in good
get?
MIR Lynch: 100000.
Mr.. Anderson: That is $4,000 per
annum interest. Put that out at IN
terest for twentyone years and /
makes over 100000, and they pro
pose to pay $4,000 the first year, $6OUo TIT
next, $1,000 the next, and so on. Why yo'
NAV as well give them the whole institution
at once. Ii the State is partner IN Tn
institution, and has furnished means u
work it, think the State ought to shar
Mr.. ogden: I came in late; should lik
to have the whole bill read.
The bill was read to the end OF tn g secon'
section.
Mr.. Lynch: 1 move to strike out, in sec
ton two, after the word Louisiana" lin
seventeen, all the remaining portion OF thu
section. and insert 1885, 600 annually"
Mr.. Egan: l second the motion.
Mr.. Lynch: In support of the motion
will state that the amount proposed
to be paid by these incorporation
into the treasury Of the State, $4,000 the frs
year, and increasing $1,000 annually TO