New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-06-10
DERArss OF the SENATE.
MONDAY, March IA, 1871


House bill No. So, (Missssippi Vale
Levee Company billy was taken up AM
four sections adopted.
Section i've was read.
Mr.. Ray offered the following as sub
stitute for the section:
~Be it further enacted, etc., That salt
company shall be liable in damages to any
person or corporation injured IN conse
quence Of overflow occas'oned from tn
levees not being up or sufficient to pro
tect them, from any cause whatever, ex
eept from the acts Of such person or cor
poration."
Mr.. RayI;. It is plain that, under the sec
ton as it il in the bill, it will hardly Dc
possible ever to get damages. The sub
stitute makes them liable If the levees are
ineffectasl; for any cause whatever, and IN
the original section there is nothing said
about corporations at all 1t applies only
TO persons, and it is provided for IN such
q manner that it would be almost impossi-
BILE, unless it was fagr ant abuse of their
rights, to obtain damages at all. II this
corporation undertakes to keep up the
levees and protect the alluvial lands from
overflow, they should have no loophole to
escape from their liabilities.
The substitute of Mr. Ray was adopted,
and section five adopted as amended.
Mr.. Campbell offered an original section
TO be section six, as follows:
'Be it further enacted, ETC., That all the
earth for the construction or repair Of levees
shall, whenever it is practicable, be taken
from the lands ON the river side of the levee;
provided. that the company shall be liable
TO damages for injury resulting from taking
earth from lands on the Inside OF the ieyee.
said damages TO be assessed BY two land
holders, one to be selected by the land
holder, one by the company, with the au-
thority of the two to cali on third In case
OF disagreement aud the award Of the COM
missioners shalt be final, and operate rs a
JUDGMENT against said company"
Adopted.
Section six was then read as sect on
Mr.. Ray offered the following amend
ments:
Strike out from the word damages"
fn line six, to and including the word
'Ievees," in line eight, and insert AS
provided for in section five Of this
act.
And to strike out, in line seventeen,
from the word damages" down to and in.
GLIDING the word 'levees," in line twenty
one, and insert Gas provided for in section
five of this act"
Adopted.
Mr.. Ray offered the following:
To strike out from the word chem" in
line foriy-five, all the balance of the Sec
ton, and insert "This company shall be
spso .facto at an end and dissolved, and
at that time due, or afterwards to fall due,
to said company are RENTED
Mr.. Campbell Upon that have word
of objection. AS l understand this bill
now, these one million of bonds are de-
posted merely as security for temporary
damages which may Nrise, and as fast as
diminished by payment of damages, the
company are bound to replace them. But
apprehend that the security of the land
holders will be less under the amendment
proposed by Senator Ray, than it is under
the bill +, because all tolls are to be held by |
the Auditor and Treasurer, subject to |
these charges against them. Then if after |
two months the company should be de- |
clared extinct, and its contract null and |
void, and the damages for which it is |
liable, perhaps, double the amount of its |
deposit, all security to the owners of land |
would be gone, whereas by allowing the |
company to proceed, there is perpetual |
mortgage upon their revenues and tolls.
Mr.. Ray: Ny idea is this, to hold this
to very strict account. This Sec
ton provides that the company shall de-
post with the Auditor and Treasurer one
million dollars as security for damages as
sessed against them. If a Judgment is
against the company, that judg-
ment is sent to the Auditor and Treasurer,
and i. is their duty to pay the judgment
Then the company has thirty days ia
which to replace those bonds, and if not
tolls or taxes from the lands subject there
70 are required to pay them to the Trea-
.urer? Now, it is true that that would |
be sufficient security, but the
object of my amendment is to hold these
persons to very strict accountability
It strikes me that thirty days for com.
pany, with capital Of fifty millions, to
replace the amount of bonds taken at any
,ne time, if they don't exercise vigilance,
& would be too short time.
This is a matter of SO much conse-
luence, this matter of protecting the
ands Of the State and keeping the levees
up, that no loophole ought to be allowed |
my company to lessen the securities for
with this provision of the law.
It is evident that thirty days is ample time
% allow. Thirty or forty days l am will
ng to give them, or even fifty days, but
his thing OF putting the Auditor and
Treasurer to the trouble OF collecting
hese tolls, think, will not be judicious.
Mr.. Blackman: Will you accept my
of fifty days? II
Mr.. Ray: don't care how much time
you give them.
Mr.. Blackman; Then offer as substi-
ute for that part of it fifty days."
Mr.. Futch; think it should be in THIS
hape. Ii they'fau to restore the million
dollars, it shall be optional with the State
20 declare the charter void.
Mr.. Campbell: Mr.. President, | have
till to be convinced by the Senator's
argument that the security he offers is
Is good as the one gwen, as 1t stands.
suppose that this company should find
hat under this bill they have a very un-
contract, and would be willing
20 forfeit ali they have in order to get out
IT it. / think the provision there would
,e just what they desire. think in some
'aseS this amendment would do great !
Injustice. l move to lay the amendment ,
N the table.
The Senate refused to lay the amend
nent on the table; yeas T. nays %.
Mr.. Pinchback: then ask, Gu behalf of {
he friends Of the bill, ninety days.
Mr.. Campbell: l hope the friends of the
ill will look at this more closely. If ,
hey pay attention to it they will see that
ven ninety days will be far less security f
L., 49, L.. - l