New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-03-03


SENATE CHAMBER, I
Wednesday. March |, 1915
The Senate met pursuant to adjournment.
Present: Hon. @. J. Dunn, Lieutenant
Governor ana President o. the Senate, and
Messrs Anderson, Antoine, Barber. Black
man Bowman, Butler. Campbell. COPELAND.
Daigle Fish. Futch, Gallup, Harris, Her
wig. HUnsaker. lugraham. jerks, keisO,
Lewis. LynciI, McMilcn. holland, O}iara,
Pierce. Pinchback, Raglan. Ray. smith,
Swords, Sypher. Thomas. Thompson, Todd,
Twitcheil. Whitney. WiicoX-36.
EXECUTIVE MESSAGE.
STATE or L"l'I-i,1A,)
Executive Department,
New Orleans. March !, l".L)
To til,. Honorable President and Members of the
S.lat.:
Herewith return. without my approval
an act entitled an act making appropriation
TO DAY Simeon !scldcn. Attorney General
for collection of State taxes i'll the parishes
OF Orleans and Jefferson.
The gentlemen of the General Assembly
could not have carefully considered this
bill or it would certainly never have passed
both ho,.Scs. This officer claims titty-two
| thousand dollars rs Il percentage allowed
| him br section 1873 Of the Revised Statutes.
| He alleges that ne collected all of the money
maid after the decision of the Supreme
Court in tie ease OF Frcllcnscn vs.. +. I.
Nathan, tax collector.
! Now what Is the language OF the section
| under which he makes his claim. Section
| one hundred and thirty eight is as follows:
| The Attorney General shall receive iivc
| per cent OF all amounts collected by him.
| etc. This does not mean five per cent on
| all amounts volvcd i'll litigation where the
| State Is a party. suppose Il lot of land or
| movable property was i'll litigation he
| tween the State and an individual and the
suit should be won by the State, would II
| be asserted that the Attorney General
| should receive ike per cent on the assessed
value OF the property recovered! Most GER
tanly not. The law was intended to COM
| pensiitc the Attorney General for prosrcut-
| ing suits against persons " no were indebted
| to the State, ANA who refused to pay their
| Indebtedness.
| In the case on which the Attorney Gen
cral bases his claim. he WAS not suing to
| cntovcc the collection of ii debt. He was
simply rs il was his duty to do. defending
"A tax cole, tor who bad been enjoined from
Selling property to enforce the collection of
| about one hundred and thirty -ive dollars.
| the amount OF Il tax assessed upon the prop
erty %. the plaintiff The amount ot the
| tax had nothing whatever to do with the
| question. The question was entirely AN
other. Ii WAS whether the Legislature
h''u Tue po"t'' uiiic. '"o i '',,.,,,
a>>'ss XII. oi'e l.i -. , 'a ,,,.I I, :,
vokcd ny the plaintiff 10 prevent its collec-
ton. Instead Of bringing "A >'it 10 collect
money he was simply defending an officer
wl:c mad been Cnioincd from collecting. anu
who mad himself received five per cent iol
said collection.
nul '"ii- .'.tS '' IL. ~ L.,
thi@ az ,"ui'.It' 't"' ''', ~; IN IA
tht'tpt ~ Nv ~ " ~ ~, ~ l on .; -.
ION now nu'h "u''i'i nc ~ vn'i,l,' ="
Li!F "n.'''i. ~ ~ Va "" iI ~ t
thlftF-Ne ooi!a.'' HIS zee "o''lu' thci'iol' :
n' luS' SIN dollars anu ~ NV .tii',.
,'' ne IS ho' eo.i'en' VIII a. a nv. .I
Zee Oh &c 'Ho''L. ,oi-'tt'u ~ nun ~ 90.
GAINS NJ PEI .ciit vi .'i' ,'ie sums
ny 'hc 'aH Collectors ~ '.le ''ii,ne: % -.
leans an" JehH'Soh -Ni',i ''i m.ti,oi' -.
'iA' cast Wy ne uo's iiTt .i','ii II.
een' on ail tia' was co.n'tcn ~. 'nI
sun was Hi'it"ie"' an n'. "pl'iiSH:u "'''.
WY .ie ies,rt's ,, mas i,'s ~ ."' '. , ,,,,,
Oii'"h, anu 'G, "a =; ,,,' ' -,u ,,
. u.l,i'i saint iot ,,t r .i,a t',rn.
ILL., :, +I' t.;.,,o, -, I.n.-;.,, C,Iio
.oit' - A. .''" .i. osIt,,,aJ i;
49,. ,. ,-.,'; ,,o -. Dia.,,. md I.f,rsnn ~,
J'a' 20. ,,ir io sin,t I,n;, lis 1,e,
',,,..,'.|, 80 ti,.,.,,.. ,n, cont ,,y wLnu Inc
MINNIE m vii I.,-n included ali the t.,vcs
"' ,l.,oi, .n+;,InJ IN :, f.n f,r th,
cnI,nctinn Of one a. the other. II may b,
Vol 70 r..,,e !, ,ic memory of the members
of Tho (;eneraj assembly with tlIc fact tba,
III. ,,.tco, h,nurbt .,.;t ,,g,iu.t tbc Audito,
~ cnmn.l linn 70 ;ssne warrant. on tbe
'rro.s,,,!or rn. for +;,tv,twn thousand dol
I.-s .s ho ,,n5.c+,v ,.I,;ms in his hill I'M,
90 ~ ;i ,,.i +,,"n., tLnus,nd InI
To- 'nl ,,, +I,',,,s,rd t;,,as tln sum M
which collection was resisted ny the pam
~ ~, III .' i,'.i', WIN, ~ Cnnev ;xtoe,
tlous,rd dnIlors