New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-08-30
as an act of the. LegisIature, without fur.

To his Excellency H. C. warmoth, Governor O
| louisiana
SIR-We received late last evening, from
| the Secretary of State, what purports to be
| a certified copy of an act to incorporate the
| Crescent City Waterworks Company, but
have suspended its publication forat6e fol
| lowing reasons: n
| On the fifth of May last correspondence
between yourself and the Secretary OF
| State, on the subject of the status of this
bill, was published in the REPUBLICAN. In
| that correspondence you gave it as your
| opinion that the bill had not become a law,
| either by your approval Or by the lapse of
time prescribed by the constitution in such
| cases.
| Will YOU inform us if anything has oe-
| Cured, or if any information has been re-
| ceived by you since the date of the CORE
| spondence above referred to, to cause you
| to change your views. or have you sent the
| original bill to the office Of the Secretary of
| State, with instructions to him to regard it
| as law =!
Yours, respectfully, T. G. TRACY,
| For New OrleaId Republican Printing Com
pany, State Printer.
To this the Governor returned the in
closed reply, which 1 deem conclusive
against the propriety of promulgating the
| bill in the REPUBLICAN, as a law of the
! State;
STATg OF LOUISIANA,
| Executive Department
| New Orleans August Is, 1871.
SIR-In answer to your communication of
| this date, would state that the bill known
as the Crescent City WaterwOrks bill'
was received at the executive Office on the
| twenty seventh day of February last.
| Article sixty-six of the constitution pro-
| vides that IF any bill shall not be returned
| Dy the Governor within five days after it
| shall have been presented to him, it shall
| be law in like manner as if he had signed
| it, unless the General Assembly by its ad-
| jjournment prevents its return. in which
| case the said bill shall be returned on the
| first day of the meeting of the General As
| sembly, after the expiration of said five
| days, or be law"
| The Legislature adjourned March 2, 1871,
| on the third of the five constitutional days
| granted the executive for examination of
| legislative acts submitted for his approval,
thus preventing the return Of the bill to the
Legislature within the time prescribed.
This original bill, which passed both
houses of the General Assembly, is still in
my possession, and will be retained by me
until the first day of the meeting Of the
Legislature, when it will ba returned with
either my signature or disapproval.
In a Communication addressed by me to
the Secretary of State, under date of May
4, 1871, endeavored to explain to him that
the original Crescent City Waterworks bill
was then in my possession awaiting either
my signature or disapproval. | have not
yet approved the bill, nor has the original
ever left my possession. If a bill purport-
ing to be the Crescent City WaterwOrks
bilF' has been presented at the office of the
official journal for PRONUNCIATION as having
become law, it has been done frauduiently
and without any legal authority whatever
l am most painfully surprised to learn
that the Secretary of State has so far for
gotten the high duties of his office as to lend
himself to the commission of SO grave an.
Otfense. Very respectfully,
H. c. WARMOTH,
Governor of Louisiana.
To T. G. Tracy, Manager New Orleans Republican
Printing Company, New Orleans.
Hoping the above will be deemed suffi-
cient reply to your note OF the twenty
eighth,
remain, yours respectfully,
T. G. TRACY,
For New Orleans Republican Printing Com
pany, State Printer.
Yesterday the Governor having been in
formed that the bill had been published in
the Louisiana State Register and German
Gazette, sent for Mr.. Bovee, when the fol-
lowing conversation took place in the Gov
ernor's Office:
Bovee: Good morning, Governor War
moth.
Warmoth: Good morning sir,
B0vee: Did you want to see me, Governor!
Warmoth: Yes, sir; wanted to find out
about the promulgation of this Crescent
City Waterworks bill.
Bovee: Well, you want to know what l
can tell you, | supposed
Warmoth: Yes, sir. You surely knew, Mr.
Bovee, that had the original bill in my
possession.
Bovee: Yes, but this is a duplicate.
Warmoth: Well, sir, l do not consider
your act legal
Bovee: Oh, well, that's difference of
opinion.
Warmoth: How did you come to publish it,
Boyee: had the written opinion of the
Attorney General.
Warmoth: 1 suppose, then, you are will
ing to assume the responsibility of your act!
Bovee: Yes.
Mr.. Bovee thereupon retired from the
executive office.
Governor Warmoth Immediately after
ward issued the following order:
STATE OF LOUISIANA
Executive Department :
New Orleans, August %, lS7l.)
WHEREAS, George E. Bovee, Secretary of
State, has, in violation of the constitution
and laws of this State. caused to be promul-
gated as having become a law, an act OF the
General Assembly entitled "An act. to in
corporate the Crescent City Waterworks, to
define its rights and duties, to punish Of
fenses committed against the franchises OF
the said company, and the public health"
with his official certificate that "the fore
going act having been presented to the
Governor of the State of Louisiana for his
approval, and not having been returned by
him to the house of the General Assembly
in which it originated within the time pre-.
scribed by the constitution of the State OF
Louisiana, has become law without his
approval" The said certificate having been
made by the said Bovee with the knoWl-
edge, communicated by the Governor OF the
State on the fourth day of May, 1871, that
said bill would not become law, or be
acted upon, until the first. day OF the next
session of the General Assembly.
And whereas, the said Bovee has KNOW
ingly, willfuily, unlawfully and with the
purpose ofimposing upon the people OF the
become law.
Now, therefore, I, H. C. Warmoth, Gov
ernor of the State of Louisiana. charged
with the faithful execution of the laws, un-
der the constitution of the State, do issue
this my order suspending the said G. E.
Bovee from the office of Secretary of State,
and do hereby appoint +. j. Heron to dis
charge the duties ofssaid Office until the
Legislature shall act upon the subject, IN
accordance with the constitution.
Given under my hand and seal, this
twenty-ninth day of August, A. d. lS7l and
of the independence of the United States
the niaety-sixth.
H. C. WARMOTH,
Governor of Louisiana.