The Louisianian. [volume] (New Orleans, La.) 1870-1871, 1871-02-05

tabled by the following vote:
Yeas: Anderson, Blacknan, Bowman,
Campbell, Gallup, Hunsaker, jerks, Lewis,
Lynch, McNIillen, holland, Pierse, Raglan,
Swords, Sypher, Thomas, Thompson, Twit-
chell, Whitney, Wilcox-20.
Nays: Antoine, Barber, Butler, Coup
lard, Fish, Harris, Herwig, 1ngraham, Kel-
SO, O'Harra, Pinchback, Ray, Smith, Todd
Ia.
The vote was then taken upon the adop-
ton of Mr.. Campbell's substitute, with the
following result:
Yeas: Anderson, Bowman, Campbell,
Gallup, Hunsaker, Jenks, Lewis. Lynch,
McMillen, holland, Pierce, Raglan, Swords,
Sypher, Thomas, Thompson, Twitchell,
Whitney, Wilcox-l9.
| Nays: Antoine, Barber, Butler, Coupland,
Fish, Harris. Herwig, Ingraham, Kelso,
O'Hara, Pinchback, Ray, Smith, Todd-14.
The following messages from the Cover
nor were then received:
| @ STATE OF LOUISIANA,
| .r..r.. Executive Department.,
| New Orleans. January 2, 1871.
To the Honorable Speaker and Members of the
House of Representatives
| Having carefully examined an act, origi-
mating in the House, entitled 'An act for
bidding unjust discrimination on account Of
color or race, and providing means for en-
forcing the same" have returned the bill
without my approval, believing il. to 'be in
conflict with provisions of the constitution
of this State, to which your attention is re-
spectfelly requested .r..
1t would appear from reading Of this
bill, that the object of the General Assem-
bly, in its passage, was to avoid the too fire.
quent abuse of jury trials, arising out of
dishonest prejndices of one race against an
other. To secure this, they attempt to pro-
uide for more direct enforcement OF arti-
Gle thirteen of our ''bill of rights. " Much,
however, as We may regret that the laws are
not enforced, we ought not to desire Il G
passage of any act the provisions Of which
are in direct violation of other parts of the
constitution of our State, and which, there
fore, could not he enforced by the courts
1t is contrary to good morals and good poll
cy to .'do evil in order thatgood may come. I"
The bill is as follows ...,-~..T
San act forbidding unjust discrimination OH
account of color Or race, and to provide
means for enforcing the same.
SEorIoN /. Bel enacted by the Sent and
House of Representatives of the State o:
Louisiana in General Assembly convened,
That it shall be unlawful for any person or
persons keeping OF attending any place OF
public resort where icence Is required, OF
any public conveyance, to make any dis
tinction or refuse any accommodation, Oh
account OF color or race, III this State, and
any person or persons who violates the pro.
visions of this act shall be fined not exceed
. ing fifty nor less than ten dollars, by any
Justice of The peace in the parish wherein the
i offense shall have been committed.
''SEc. 2. BE it further enacted. etc. Tha,
! it shall be the duty of the Police Commits
sioner, or any of them of the metropolitan
ClotllCt, WIKI esAAy PAOsAoiOAlo VA tAAA,
act shall have been violated within said dis.
trict, on affidavit filed and certified, to cause
any person charged with such offense to be
arrested and brought within forty eight
hours after arrest before any Justice Of the
Peace or Recorder in the parish wherein the
offense was committed, to be tried; and il
shall be the duty of said commissioner OF
commissioners to cause the establishment
wherein the offense was committed to be
closed until satisfactory assurance is given
: for the compliance with the law.
SEC 3. Be it further enacted etc. That
this act shall take effect from and after its
: passage"
Nv objections to this bill are four-fold
: First-It violates provision our constitu
, ton, article ninety-four, which is as follows
"ARr. 9A-No Judicial powers, except q.
committing magistrates in criminal cases.
shall be conferred on any officers other than
those mentioned in this title; except such a.
may be necessary in towns and cities, and
, the Judicial powers Of such officers shall moi
: extend further than the cognizance of cases
arising under the police regulations of town.
/: and cities in the State In any case where
! such officers shall assume jurisdiction owe,
e other matters than those which may arise
under police regulations, or under their ju-
3 risdiction, as committing magistrates, they
8 shall be liable to an action of damages in
favor of the party injured, or his heirs, and