New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-03-16
THE COURTS.
The. Matter Of'he state Debt Limitation
The Test Gaze Of j. q. Nixon, Late

THE COURTS.
ne Matter of the state Debt Limitation
The Test Gaze Of j. q. Nixon, Late
State Printer.
In the Eighth District Court came up yes
terday morning the suit upon mandamus
of Solomon e. Simpson VS.. James Graham,
in the matter Of the claim of j. q. Nixon,
late State Printer, for Il claim OF some SOL.
(JCD allowed by recent act of the Legisla
ture.
At the opening of the case, Mr.. Belden
read the following petition
To the Honorable the Judge Of the Eighth District
Court in and for the parish OF Orleans, State OF
Louisiana:
The petition of the State of Louisiana.
officially represented by Simeon Belden,
Attorney General of said State, which she
prays to be allowed to file in the suit by
mandamus in this honorable court, entitled
Ezekiel Solomon and Myer NJ. Simpson
composing the firm of Solomon & Simpson,
We. James Graham, Auditor of Public Ac-
counts Of the State of Louisiana. and NUN
.bered on the docket thereof No. 4iS, re-
epectfilllv represents that the mandamus
prayed for in said suit should lie refused
and demand rejected, for the reason that
the act of the General Assembly Of the
State of Louisiana, entitled IAN act for the
y.
being act No. 81 of the acts of the General
Assembly Of Louisiana Of 1871. and under
which act the said Solomon & Simpson base
their rights to mandamus and payment. is
in violation of the constitution of the State
Of Louisiana, and is null and void and
of no effect in law, for this, that said act OF
the Legislature of Louisiana, if allowed to
be executed, would increase the debt OF the
State Of Louisiana beyond $25, 100000. in
sn1
article Of the constitution of this State,
which reads that prior to the first day OF Jan
uary, 1890, the debt Of the State shall not be
80 increased as to exceed S25 .000, 900.
Petitioner and intervenOr respectfully
represents that this Intervention Oh the
part Of the State Of Louisiana is based upon
the official information of the Auditor of
Public Accounts of this State, James
Graham, defendant in this suit.
That as the financial officer and agent of
the State in whose keeping are lodged the
evidences of the debt of the State he has
refused to warrant in favor of plaintiffs in
this suit, for the reason set forth in this in
PREVENTION.
Wherefore petitioner prays that she be
allowed to intervene herein: that this peti-
ton of Intervention be- served on said Solo
mon g. Sampson, REALTORS herein, and after
due and legal proceedings had, that this
petition of Intervention be maintained. and
that said act Of the Legislature OF Louisiana
printer" he declared violative Of the
amended article of the constitution of the
State Of Louisiana, as increasing the debt
of the State in excess Of $25, 0U0. 900, and
for that reason the same be decreed null
and void; and, further, for the reason stated
in this petition of Intervention. that the
mandamus prayed for against said Auditor
of Public Accounts, James Graham, be re-
fused at REALTORS cost. and for general relief
SIMEON BELDEN,
Attorney General
Mr.. Belden, after submitting the petition
stated that he had selected Major New tt
} represent the State for him. Messrs. LabatI
e. Aroni excepted to the intervention of tn,
State, and spoke to the exception, but the
court ruled that it could be filed Mr.. ArOn
then read the original petition of Messrs
Solomon 4 Simpson, praying for man
damus, on the ground that they are subro
gated to the rights of j. o. Nixon, and tina,
: the State Auditor has refused to warrant fol
the same. Mr.. Benedict, representing the
State Auditor. here read the answer of the
Auditor. in which he says: That, as con
stitutional officer of the State of Louisiana
the State; that his interest herein arises from
his desire to hold inviolate his oath of Office
and protect himself on his official bond given
for the faithful performance Of the duties
/. thereof as prescribed by law" He theI
3 cites the amendment to the constitution
{ relating to the State debt, and declares
that the State had no right or power to pass
the said act of relief; that at the time tho
act was passed the State debt exceeded
325,0O0,0OO, and has exceeded that evel
since. Mr.. Graham also alleges several
other grounds IN his answer for refusing t.
warrant, which we shall give in extenso IA,
another time.
Z. Solomon, sworn-Member Of firm OF
Solomon e. Simpson, REALTORS in this case
called upon the Auditor for warrant fol-
the amount specified in the act: the Auditor
refused to issue the warrant. The relators
here rested their case.
James Graham, State Auditor, sworn fox
respondents: 1.-THE bond and oath of his
Office were proven at the Outset.] Books OF
my office show the Indebtedness OF the
State. He was here asked if the list
handed him was statement of the prescn,
and eventual debt of the State. Mr.. Aroni
objected to Mr.. Graham's showing the debt
of the State except so far as Lis official re-
port shows. He objects to the question OF
Indebtedness at all. The only question is
whether the Auditor must, as ministerial
officer, perform ministerial act or not
ne Gull uOt lutiulIc lutO Jllc
! of the act OF the Legislature. Oral test
mony can not be introduced to contradc,
an act Of the Legislature. The court ruled
that, as the State had interviewed, it gave
much broader field for the introduction o
evidence properly relevant to show that tn,
State debt had exceeded the constitutions
limitation, and ruled that the evidence wa
necessary. Respondent excepted to the i'll
PRODUCTION of Mr.. Graham's evidence ex
cept on the part of the intervenors.
The court said that the question to be
passed upon was whether the State debt ha
or has not exceeded the constitutional lin
itation. If it had not. and thele was ne
other objection to the claim, it would have
to be paid
Mr.. Graham continuing, said The repor,
was made from my annual report. and the
acts of the State adding to the same. The
total amount Of the bonded debt is So,
$50, 233. Outstanding obligations, etc. W
to the first of March, S2l46.l4l s. Incrcas,
first of March, $3.50 ia IA. Total debt O
the State on December 30, 1870. So. OOO. coo
There has been an increase of debt since N,
last report, as evidenced by warrants an,
certificates Of Indebtedness No bonds hav,
been issued for the aecruing debt Of som,
I $l5,000,000. placed them in my account
as l regarded these debts as binding on TIN
State equally with its funded debt alread,
funded. This is mostly for railroad pun
poses, and is not included in the amount u
81, SCI, 2233 before given.
The annual report of the Auditor TO
& 1870 was offered in evidence, from page
forty to page forty-tive incusive.]
Mr.. Benedict here offered the act of tn
Legislature Of 1870, appropriating to Nj
Nixon, as State Printer Si732
There is no money in the treasury to tn
credit of the general fund. The Treasure