New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-02-16

HNAC
fsnJed. IF he has reaped the advantage az
the efforts of these gentlemen it seems to
me but fair that the amount paid to than
hen he is absent should be chargea
ao.;nst him. All / mean to insist upon h
Eat the fees of others shall be deducted
from tho fees charged for constructive d.
ia, performed by others. Where Is TIN
matter to end! 1t seems to me II it Is right
the Attorney General should be remune-
.t"d in th;s respect that he should make
GOOD what his absence has cost the State.
M. Blackman: This matter is now under
co;nc judicial investigation. The Attorney
General has presented this same claim for
A.. 600 before Judge Cooley, of the Sixth
district Court, who allowed him $1,000,
and the matter is now before the supreme
Court. I ask, is this Senate authorized to
interrupt judicial investigation, when the
courts of tho State have given him every
cent to which, in my OPINION ne was emu
tied, A few more such claims as this,
nassed through the Legislature, will bank
runt tbe State. / say, it is the duty OF the
State TO allow this claim to be judicially In
va.tipated. never have known, during my
whole connection with Legislative proceed
iuos. auy attempt OF the Legislature to inter
fcre with the proceedings Of the courts.
Mr. jerks rose to point OF order Ine
gentleman was not speaking 10 the ahehu-
lnsat
Mr.. Backman: The amendment is not
in writing before lis; when it is l will
speak to the amendment
Mr.. Pinchback: While Senator Lynch 10
drawing up his amendment, l call Tor the
order Of the day. l do not SEQ why the
order of the day should be constantly post
poped, when we have matters involving
great public questions. and not OF a per
sOnal character, before the Senate.
order of the day is not debatable; other
wise the order Of the day could be post =
pOned by mere discussion during the whole
day.
The President: If the Senator will read
rule sixteen lie will see what questions are
to be decided without debate. This was
the rule; it allowed all kinds of tilibuster-
Mr. jerks: will rhave to take an ap-
peal.
The President: You will have to take an
appeal from your rules, not from me.
MIR. Pinchback tcontinuing): We have to-
day on the calendar bill to amend the reg
istration law, a measure OF the utmost I'M
portar se, in which the people are directly
interested. One of these bills affects the
whole State; in the other one an individual
only is Interested Is it possible that the Sen
ate will postpone important public measures
for the sake of pAssinS IA bill to award sixty
two thousand dollars to an individual
whose lclam is already undo r going ju licial
investigation Outside OF this, will call
the attention Of the Senate to what we have
already done. Twice have we postponed
the order Of the day, and now are we>again
discussing whether We should do it. When
these bills were made the special order Of
the day for to-day it was done with view
of definitely acting upon them. Is this claim,
which if all that Is said is true, is not fair,
is not just, is not right, is not prOper--is this
claim to intervene and Obstruct the whole
motion to postpone the order of the day on
the table.
The motion was lost
Mr.. Lynch's amendment was read.
Mr.. Blackman supported it.
Mr.. jerks moved to lay the amendment
OH the table.
The Senate refused to table.
Mr.. Ray: offer substitute that the At
torney General be and is hereby authorized
to institute suit against the State. In 1868,
it will be recollected that the Legislature OF
this State passed what is known as the one
per cent tax bill. 1t seems that when the
officers attempted to enforce this
Dne per cent tax, injunctions were obtained
to prevent their proceeding with the collec-
ton, and among other cases Il suit Twas
instituted against the collector OF the
First District, who was enjoined from
to collect the tax. 1t then be-
came the duty OF the Attorney General to
appear and defend that suit. [Secti0n thirty
one. Revised Statutes]. In my judgment,
in doing what this section calls upon him to
10. he was not entitled to any other COM
pensation than that prescribed by law as
the salary of the Attorney General. This
question being debatable question, can
only be solved by the courts, and propose
this substitute Ill order that the Attorney
General may bring in suit against the
State. and determine whether he ia
entitled to this compensation or not; because
Il he Is not entitled to it under this five per
cent law he is not entitled to it at all He
$ not entitled to it by reason of his office as
Attorney General, for what he has done in
his case has been only in the fair discharge
If his duty. The question in this case is,
whether the Attorney General did collect
his money and pay it into the treasury.
That question can only be resolved by the
courts.
Mr.. jerks moved TO lay the substitute of
he Senator from Ouachita on the table.
The Senate refused to table the substitute.
The bill, as amended, was adopted. and
vas considered engrossed and ordered to a
bird reading.