New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-02-19
DEBATES OF THE SENATE.
THURSDAY, February 9, 1871.
RELIEF OF EUGENE MCCARTHY.


RELIEF OF EUGENE MCCARTHY.
The bill to authorize Eugene Mccarthy
to sue the State being called up, and mo-
Mr.. Lewis said: This is the case
which was up before the July
session of the Legislature last year.
Mr.. Mccarthy was deposed from his office,
whether justly or not l do not know. lie
got trial. but unfortunately not before his
term Of Office had expired under tho law
From the facts in the case, and knowing
he was denied trial, if there is justice in
his claim. do not see why this bill should
be referred. If Mr. Mccarthy wants to go
before the courts of the country tor the
purpose of obtaining Justice. l believe it Is
wrong to delay this matter. | move that the
bill be engrOssed
DOSALDSOSvILLE AGAIN.
Mr.. Hunsakcr called up the resolution for
investigation into the conduct of John A.
Cheevers. District Attorney and r. Bovee,
Judge of the Fourth Judicial District of the
State o. Louisiana.
Mr.. Lynch proposed that the resolution
be referred to the Senators representing the
judicial district.
Mr. Hunsaker accepted the amendment.
Mr.. Smith: | favor this course. but when
the matter comes before us, l shall take
occasion to make a few remarks. When
this resolution first came up said it bore
falsehOOd on the very face of it, In saying
so, was not aware l was using any unpar-
liamentary language 1t was not my
intention to do so. Neither did
make any persona! reflection on
any Senator on this floor. | did
not accuse the gentleman who intro
duced the resolution of being "a falsitier.
intended nothing of that sort, although l
find i'll the proceedings as published i'll the
morning papers, that my remarks were
taken in that light. l reiterate that this
resolution is a talsehOod, and if any person
chooses to make it IA personal matter. am
responsible here and elsewhere for any re-
marks may make.
The resolution was referred as proposed.
RELIEF OF ATTORNEY GENERAL BELDEN.
Senate bill No. 1874. for the relief Of
Simeon Belden was taken UP.
Mr. Thomas: This bill was referred to the
Committee ON Claims and from their report
you will see that the majoity of the com
mittee reported unfavorably on the measure.
and advised the Senate to its rejection. A
minority report was submitted, which seems
to be somewhat lengthy, and goes into the
merits of the BILL and without proper in
vestigation. it would seem as if the majority
of the committee had been somewhat cap
tious in their opposition to the bill. We en-
=
vcstigation, AS it was our ri ght, our province,
and our duty to do; and we could see no
reasonable ground why this claim should be
made against the State. for services which
the committee regarded as fully compen-
stated in the salary enjoyed by the Attorney
General. 1t appears that, as one OF tho Off
GERS OF the State, enjoying salary of five
ney General was called upon to per
form duty which is clearly set
forth by the constitution Of the
State which requires him to attend to all
the litigations of the State, prosecuting all
claims and defending all suits. and in this
matter we considered lie was fully compen-
stated by his salary for the services rendered.
The ruling and practice of lawyers i'll many
matters of private litigation is this: Ii,
upon Il compromise they have been able to
effect some great and beneficial result for
their client, they have come forward for
compensation. which has been by agree
ment. but do not understand that the
State OF Louisiana is in any manner bound
to pay this officer beyond the salary awarded
him. The case in point it seems. was made
a test case The imposition of the one per
cent tax on the tableau of the assessment
of 1867 was regarded by the people at large
as unconstitutional and organized at
temptS were made to resist II. not
only in the city of New Orleans. but in
the rural districts, and there was an almost
unanimous opinion that the tax was unjust
and unconstitutional, and. as set forth i'll
this claim there was powerful association
formed to defeat this measure, which object
was overcome By the decision Of one suit.
am free to confess that the Attorney Gen
eral in this one case is perhaps entitled to a
fee. but if We are to extend it to the other
cases. why not also take in the rural dis
tr:ctS and set up ii claim for five per cent.
on all the taxes collected: for the same dis
position TO resistance was manifested. not
only here. but in the rural districts. |. for
one, opposed this tax, and in the same way
it was left to the decision OF one case; but
that is not the point before the Senate at
all. If Senators have proper regard for
the interests OF the State, this bill will not
pass. 1t is one of that species of class legis-
lation against which we are warned and for
which all public business is neglected. l
have made these remarks i'll explanation of
the course pursued by the majority of the
Committee on Claims. That committee is
mainly composed of Democrats, and this
seems to have been made political ques-
ton. l do not make any captious Opposi-
ton to this bill on V want that the Senate
should investigated this thing carefully and
with due regard to the duty they owe to
their constituents.
The bill was passed.
STATE PRINTING.
Mr.. Lewis called up the printing bill.
No19i
Mr. jerks moved to take up instead bill
No. 50. for the relief OF j. q. Nixon, late
State Printer.
Mr.. Lynch hope that this motion will
not prevail. The difference between bills
No. "a and No. % is that the one pertains to
the public interests. the other is to secure
the interests of an individual. | desire to
test the point whether the Senate is here to
lcgislate for the public interest by relieving
the people of this infamous printing bill, or
whether it prefers to discuss the payment
of very questionable private claim.
Mr.. jerks: dc not recognize the right of
the Senator Or of any gentleman to dictate
to me the course | shall pursue.
Mr.. Lynch: Have the floor
The President: Go on, sir.
Mr.. Lynch: In answer to TIE gentleman
desire to say that hold myself responsible
here or elsewhere for what have said. and
hope the Senator will make note of it.
The President: Let there be no per
sonalitics.
Mr.. Lynch MY remarks were pertinent;
my remarks were i'll order: they were di-
rected fight to the point why thought we
should take up the bill of the Senator from
Sabine Mr.. Lewis in preference to the bill
of the Senator from Baton Rouge (Mr.
Jenks). The reason l conceived was-and
will state it again. and that is all will
say-that the one bill has reference to q
public interest, and the other bears upon a
private end. | made no allusiOn to the mo-
tives of any man. 1t seems to me that .the
Senator is extremely sensitive when he
takes to himself a remark of this general
kind but if the coat fits, let him put it on.