New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-02-19

to tall 10 vOCe IOr t1c passage VI tnIb Vii,
believe would fail to maintain the dignity
of the State of Louisiana, because if my I'M.
derstanding of this contract is right it was
that for a certain amount OF printing tina
State Printer should receive a certain com
pensation in money. That contract was
faithfully carried out by the printer, and
the State failed to carry out its part. The
proposition that because the State is in debt
Il should be ex0nerated from its responsi.
bility, is not well founded in law. l believe
the State is able to meet its liabilities. and
that when those liabilities are Just and cor
rect it ought to do SO. This question has been
fairly and squarely presented to me'by gen
tlemen in whose integrity have sufficient
faith and who assure me that Colonel
Nixon, in attempting to carry out this con
tract. has made himself bankrupt, and it
is nothing but right that the people should
carry out their part of the contract.
Mr.. Blackman: / have been all tho time
hitherto in minority in this question Of
relief. voted against the bill for the relief
of Kennedy. and against hosts OF other bills;
did not think they were right, and think
so still; but upon this question, as am
about to depart from my usual course,
l deem it my duty to explain why i
shall cast my vote III favor OF this
bill. | was i'll the Legislature III 1900,
when this printing bill was put IN operation.
This was a conference bill, and it was de-
cided the State Printer should go on and re-
ceive the same compensation. But after
conference between the two houses 1T was
decided that he should be paid in cash, and
that the act of 1864 should be reduced to
cash basis. The other bill was very large
in its proportions, and looked to the State
Printer being paid in warrants; so, IN 1890,
the bill was passed to pay the State Printer
in CASH For a time, believe, he was paid
in cash: but in the revolutionary times in
which we lived the State government could
no longer keep control OF its affairs The
treasury was taken possession OF by the
military, and the consequence was that the
credit OF the State went down to as low as
fifty cents Oh the dollar, at one time. That
being the case, the warrants that Colonel
Nixon received caused him to lose
the amount of fifty thousand dollars as
shown by his vouchers presented to the
Committee on Claims. That committee is
composed of gentlemen who l know lnves
tigated this case thoroughly, and they have
reported favorably OH it. Taking into con-
sheraton the gentlemen who compose that
committee, and the fact that know Col
onel Nixon did lose money by his printing
bills, 1 am forced by IA sense OF justice to
vote for the measure, and the only reason
why make this explanation is that 1t Is a
departure from my usual mode of voting on
these questions. All the other bills were for
contracts entered into after the State had
been reconstructed, and when the contract
Ors knew they We're to receive warrants
instead of money, and arranged their prices
accordingly.
Mr. Lynch: l have just one remark TO
make. l have opposed this bill with some
warmth, but wish to disclaim any personal
feeling in the matter. In investigating the
merits of the case, was little staggered
by being brought face to face with an act
passed last session mo. 80 of the acts of
lS7O), which will ask the Secretary to read.
The Secretary read act No. 30, which pro-
vilei for the payment of the balance due
j. O. Nixon, late State Printer, and was al
follows:
An act for the relief of James 0. Nixon:
SECTION |. BE it enacted by the Senat,
and House of Representatives of the State
of Louisiana. in General Assembly CON
vened, That the Auditor of Public Ac
counts be and is hereby authorized to audit
and draw a warrant on the State treasury.
in favor of James o. Nixon, for the sum OF
four thousand seven hundred and ninety
two dollars. being amount due him on con-
tract while State Printer.
SEC ?. Be it further enacted etc, That
this act shall take effect from and after It's
passage.
Mr.. Lynch: This is all have to say.
Mr.. Ray: That act is susceptible OF this
explanation: l understand it was passed to
pay Mr.. Nixon for printing. which never
was paid for before. The printing included
in this bill passed by the last Legislature
was something he never got warrants for
at all 1t was entirely different thing.
recollect Colonel Nixon had done some
printing which he charged to the State,
and the Auditor refused tn warrant for 1t,
considering it was work which did not come
within the contract but ON investigation
the Legislature agreed to pay Colonel Nixon
for that printing. As the matter Is one
that ought to be well understood. and every
Senator ought to vote on it from principle.
propose to state the grounds on which
shall give my vote. l find from the invest
e,atiOn have given the subject-because l
have been specially requested to look into
this matter-fhat when this contract was
entered into between the State and MIR.
Nixon, that at that time the State was
paying her current liabilities in currency.
Every warrant was paid IN currency
without any discount. This was
the condition of affairs when
this contract was entered into, and as
understand the contract itself, the stipula-
tons were that the payment should he made
in currency, and for a considerable length
OF time the warrants. when presented, were
paid without any discount. Subsequently
the condition OF the State treasury did not
justify this course. and the consequence was
Mr.. Nixon had either to preserve these war
rants until the State could pay them, or TO
sell them. Right here is point to which |
desire to call the attention of the Senate.
The State can not be sued. Ii you have an
obligation against the State and the
State fails to pay that obligation, suit
can not be entered without the per
mission of the Legislature. 1t is diff
terent from claim against an indi-
vidual. 1t is often the case with printers
and others who contract with the State that
if they don't get their money at the time It
il due it breaks down their business, ana
they are conn elled to make a sacrifice. For
instance, a gentleman takes a levce contract
and makes his agreement that the money
shall be paid at certain stated periods; he
goes on and makes his calculations and EN-
plOys air his hands, and when the time ar
rives to get the money he finds 1t IS not
there: but the employees are there ready to
receive their pay. and he must either give
up his contract or sacrifice his warrants.
In the same way with public printing. As
a matter Of equity the State is not bound to
make good the losses sustained by persons
with whom she contracts. but l desire to
call the attention OF the Senate to the cir
eumstances of this case. If it were the
fact that State warrants were already at
a discount when this contract was entered
into it would he a very different state OF
things There would not then be that
equity existing in favor of the contractor
against the State. and this is the distinction.
take it, between printing contract under
the printing law Of 1868 and under the
printing law under which this contract
was made. Although the amount seems