New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-01-31
NEW ORLEANS REPUBLICAN, TUESDAY, JANUARY 81, 1871

mendOus expense Of bringing those wit
nesses here, but would, i'll addition. have to
pay them their per diem while here, and
their passage back home. There are other
Senators whose seats are contested, ana the
same thin. would be repeated in their cases.
If a person cOntesting thee OF any Sen
atOr demands. under this resolution, that
certain persons shall be summoned by the
committee. the committee is obliged TO com
ply with their request. Now, the law re-
1uires that the testimony shall be taken be-
fore some court of record i'll the parish
where the parties reside and that ten days
notice shall be given to the adverse party
of the time when and place where such tes-
timony is to be taken, thereby enabling
both parties. or their attorneys. to be pres
ent. When the testimony IS taken III that
way. all the enormous expense 10 the
State is saved. and all the facts bearing on
each case are fully elected and laid before
the Committee on Elections IN the best pos
Siblc shape. 1t seems to me, rs l said il day
or two ago. that it is unnecessary and I'M
wise to entail such "A heavy expense on tie
State lis is proposed by this amendment. l
should like to leave it 70 the discretion OF
the committee, and therefore move that
the resolution be so amended IA TO provide
that the Committee on Elections. III its
judgment. may send for persons and papers.
Mr.. Smith suggested that the amendment
offered by Senator Lynch day or two ago.
to limit the number of witnesses to two on
sach side would cover the objection OF Sena-
tor McMillen.
Mr. PinchDack said that he had intro
duced the resolution in order 10 give a! par
ties il chance. He was not IN favor OF ieav-
ing it to the discretion OF the committee, As
that committee might be prcjudicei one
way or the other. He had observed that
even in courts of Justice the judge was
generally preiudcei in favor of either one
lit gant or the other. and 1t was natural 70
suppose that the Committee on Elections
was composed OF men subject to IN: ordinary
frailties of human nature.
Mr.. Sypher suggested that a proyiso
should be added TO the resolution. that the
expenses to be incurred by the committee
should not increase the State debt owe: the
constitutional limit.
Mr. Campbell: | simply wish - call the
attention of the Senate ~ the prc tea. effect
of the resolution. il this amendment %:
Senator McaIil"n is not adopted. AS /:
stands now. the contestant would De the
Judge of the number of witnesses that he
needs We cannot limit the number of
witnesses that shall be summoned because
it should depend upon the nature OF each
case. If we cannot trust a committee o.
this body to determine this question. We
should do the mex: best thin. i'll oul 'awcr.
and require some showing 70 tie mad" De-
| fore lis by way Of an a!idaT.! as - the
number OF witnesses that either -; the par
ties NAV require. We should no: leave the
question entirely: III IL. hands OF the par
ties in interest. hcrailS. il would simply be
giving them "A ru;''c Jinnric I" bring ali the
| witnesses !hev want down here. am OF
| opinion that this matter should be let; en-
| tirelv to t.ie discretion OF the committee.
Mr.. Futcl. in presenting tAe FOL loving as
! Il substitute to the original resolution.
.Ecsolerd. That the Committee on Elec-
! tons shall. whenever they deem Il nec---
sarN. send for persons ami papers: pro
| vided that any contestant OF ccnte,te- shat!
| summon witnesses OK send :or papers 4. their
! own expense:
Said offer ;ii. is a substitute because
! il give, discretionary power to IN" com
! mittcc. II there should be i demand made
! upon them I. send for persons and persons
| that they thought unreasonable and unjust
! to the people OF the State they. can refuse
| to comply with il : and If the applicant
! thinks III. co,n,nltt," Is doing him
an injustice then l.c can hrin. his witnesses
1T his own expense. think this viii ha:-
monte All the conflicting opinions :iia:
! Senators entertain ga this subject
| Mr.. Todd think that II Senators had
! Il good night. sleep on this question II
, would help them a!on. considerably. |.
| therefore. NOV. :" .,i!ol:.:i.
J Carried