New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-03-16


Yeas: Abbott. Alexander, Adolphe. An
tome, Buckingham, Brewster. Burrel, Col
Inns, Calhoun, Curell, Cuny, Crawford, Des-
londe, Dufresne, Degrange, Dupart, Evans,
Eager, Esnard, Faulkner, Guigonet. Gair.
Gray, Gaidry, Haskell, Hanlon, Honore,
Hall, Isabelle. Lowell, Leblanc, Leroy.
L'Hoste, Lott, V. NJ LANCE, Morris, Mollere,
McCullen, Mahier, McVean. Murreli, Melvin,
| Morey, Morand, May. Mathews, Noble,
Pearce, Pierce. Prescott, Reese, Rey, Reng-
storff, Simms. Slaton. Sterrett. Taylor. Tour.
poir, Umphreys, Walsh, Wren. Wilson,
William Williams, H. Williams, Yorke, d.
Young, Zoely-68.
Nays: Belot, Bergeron, Garstkamp, Hill,
Kent, Magee, Wilt.
Bill finally passed.
Title adopted, and notice Of concur
renee ordered to be sent to the Senate.
Mr.. Devices, of Bienville, moved to sus-
pend the rules to take up messages from
the Senate.
Carried.
MESSAGES PROM THE SENATE.
House bill No. 69, AN act relative to
the Mississippi Valley Levee Company,
and providing for the construction, repair
and maintenance of certain levees by said
company aud for compensation therefor
by tolls on lands protected by said levees,
and the crops of said lands.
Mr.. Lowell, of Caddo, raised the point
of order that bills coming from the Senate
should be taken up in the order in which
they came from the Senate.
The Chair decided that majority of
the House could at any time take up any
bill for consideration.
The Senate amendments to House bill
No. 50 were read as follows:
SENATE AMENDMENTS TO HOUSE BILL NO. 60.
In section one, last line but one, strike
out word thirty" and insert words
"twenty-One.'
In section two, insert in line fourteen,
after the word "outlets,r the following:
"And such levees in the State of Arkans as
as may be necessary to protect any part OF
the State of Louisiana from overflow from
the waters of the Mississippi or Arkansas
rivers; Provided, That the consent of the
State of Arkansas to the building of such
levees be first obtained
In line twenty after word "less,"
in line twenty-nine.
Section three, strike cut all after word
"act," in line seven. to the end Of the Sec
ton, and insert the following: "And for that
purpose it is hereby vested with all neces-
sary powers, and powers of inspection, with
the necessary right of access to said levees,
and the said company is hereby charged
with the duty and responsibility and obliga-
ton to maintain said levees In proper con.
nr in
Torrance OF said duty, shall be responsible
in damages to the party injured; Provided,
that any municipal corporation or police
jury shall have the right, after due notice,
to compel said company to construct, re
pair or maintain any OF said levees, and, IN
case of default, then the said levees shall
be built, repaired or maintained, by said
corporation or police jury, at the expense of
said company.
Provided further. that the said company
shall make to the Governor, annually, re-
port of its operations during the current
year.
Section four. Strike out all after word
"levees." in line six, to and including
words lone thousand eight hundred and
in line nineteen.
Section five. Insert the following as q
substitute for the section, after enactiDg
clause:
THAT said company shall be liza
bic in damages TO any person or corpors-
ton injured in consequence of overflow,
occasioned from the levees not being up,
Or sufficient to protect them, from any
cause whatever. except from the acts OF such
person or corporation" $3.50
Additional section, to be numbered six.
Be it further enacted. ETC., That all
earth for the construction of levees shall, |
whenever it is practicable, be taken from
the river side of the leyee.
Provided, That the company shall be
liable to damages for injury resulting from /
taking earth from lands on the inside of the |
evee, said damages TO &c assessed by two |
and-holders, one 10 be selected by the land |
owner, and one by the company, with |
agreement, and the award of the commits |
sloners shall be final, and operate as a judg- |
nent against the said company.
Section six, strike out all after word |
damages" in line five, to and including |
word "ievees." in line eight, and insert in |
place words las provided for in section five |
Of this act.n
Strike out all after word ''damages,,tin |
inc seventeen. to and including word |
place words ''as provided for in section five |
IF this act.'
The section as amended to be section
seven.
Section seven, in line eleven, strike out
thirty" and insert "twenty-one."
The section as amended to be section
eight.
Section eight, in line eighteen, strike out
word "ten' and insert word five"
Add at the end of the section
provided. That nothing in this section
shall be construed to apply to lands liable
20 overflow by tide-water, or to lands ire
by protection from overflow by |
waters of the Mississippi, its tributaries or
outlets, or to State lands or school lands;
Provided, further, That if at the end Of FIVE
vears the dividends of the company upon
heir capital stock actually paid in shall ex-
iced annually ten per cent per annum, the |
light is reserved to the General Assembly |
II altering the rates established by this act,
md such right may be exercised only at
he end of every five years, under the con-
litions herein expressed, and the rates and |
oils 80 established shall not be changed for |
i've years subsequent to the adoption Of the |
alterations by the General Assembly,"
The section as amended to be section |
line.
Section nine, in lines two and three,
trike out words rice or tobacco"
In line ten, after word mOlasses," insert |
'or until bond and security for the payment |
# said tolls shall have been furnished to
he satisfaction of the tax collector, and |
or the sufficiency of such bond the tax
collector is hereby made responsible"
Insert, after word "therefor," in line
wenty-one, cor having furnished bond and
ecurlty as herein provided"
Insert at end of section:
Provided. That any owner or producer
# crops, subject to assessment under this
ct, shall have the liberty of removing or
cling one-half OF the gross amount of the
anne without any restriction, subject to the |
.pproval of the tax collector; and provided
urther, that upon notification by any such
wner or producer, it shall be the duty of
10 Y colInctnr within Fl We 6ars fhnra ftar |