New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-02-02
THE STATE HOUSE.

due MIN to the enQ OF his term nau ne
lived. Mr.. Blackman introduced, accord
ing to notice, bill to repeal the registra
ton, election and constabulary laws. The
judiciary Committee reported favorably on
Senate bill No. 229, Of the session of 1871.
! abolishing capital punishment. Matters
moved along smoothly in the Senate yes
| terday, nothing of all exciting nature hav-
ing occurred to delay the regular routine
| Of business.
In the House, large number Of the
the peoples representatives were on hand
at twelve o'clock and answered roll call
! Immediately after the Clerk had an
nounced quorum, message from the
Senate was annonced, and the Secretary OF
that body announced, among other things,
| the concurrence of the Senate in the joint
resolution authorizing the appointment OF
| a committee to draw up an address to the
| Congress of the United States setting forth
| the causes and history of the late political
troubles in Louisiana. The motion to
have the amendments to the registration
law printed was opposed by Mr.. Garst-
| kamp. He thought it unnecessary; OPP
| posed it on the ground Of economy, and
therefore moved an indefinite postpone
ment of the motion to print. His motion
did not prevail, and MI. Devices renewed
| his motion to have the amendments to the
| registration law printed and laid upon the
tables of members, which motion prevailed.
Mr.. Llambias presented memorial
from Mr.. Schumacher, an expelled men,
| Der, asking permission to make a state
ment to the House in regard to his expul-
sion during time of great political ex-
element He asked this because no OPP
portunity had been afforded him to ex-
plain, and he was anxious to enlighten the
House upon the subject.
Mr. Carr contended Mr.. Schumacher
should be accorded no such privilege at
this time that if he had been induced to
sign a document disgraceful and UNI Just to
members of this House, he should not be
permitted to come here, after he had been
expelled for such conduct, and allowed
hearing at this late day. He therefore
moved that the memorial be returned to
Mr.. Schumacher.
Mr.. Ellis did not agree with Mr.. Carr.
He was of the opinion that as Mr.. Schu-
macher had been expelled when there
were only fifty-three members voting,
his expulsion was not legal. 1t
had been decided that hfty-three
members did not constitute quorum of
the present House of Representatives, and
therefore he believed Mr.. Schumacher was
still member. He was in favor of ad-
hitting him to his seat. Mr.. Garstkamp
also contended that as no quorum voted
on the expulsion of Mr. Schumacher, it
was not valid The Supreme Court had
repeatedly decided that unless quorum
of all the members elect were present to
take part in legislation, the action of the
Legislature was not binding: and the con-
stitution says that not less than a majority
| of the members Of each house of the Gen
eral Assembly shall form quorum to
| transact business. He therefore did not
| believe that Mr.. Schumacher's expulsion
was legal. NIr. Garstkamp said he be-
lieved there was quorum present, but no
quorum voted on the expulsion. He was
in favor of receiving the memorial.
Mr.. Harper, of st. Charles, thought the
session too far advanced to take up these
cases again The gentleman who sent the
memorial that had just been read to the
House had been invited, with others. to
come here some time ago and make what
| defense they could of the conduct for
which they were expelled, but they refused
to do this then; and in attempting to come
| forward at this late day, Mr.. Harper
| thought they were trihing with the intelli-
gence of members.
Mr. Harry Lott said he did not under
| stand that Mr.. Schumacher offered his
memorial as a member of the House, but
as citizen, and he (NIr. Lotto was in
favor of the right of petition.
Mr.. Thompson also took the ground
that Mr. Schumacher sent his memorial as
a citizen. He thought the right of petit
ton was sacred, and Mr. Schumacher
should be heard. Mr. Thompson said
Mr.. Schumacher had voted to do Mr.. Carr
Justice when he was contending for his
seat in the House, and now Mr.. Carr
denied hearing to Mr.. Schumacher.
Mr.. Moncure would ask the calm con-
sideration Of the House in Mr.. Schuma-
cher's case. 1t involves questions of grave
Importance to the people. Fundamental
rights are at stake. The right of taxa
ton and representation were involved in
this very question. Mr.. Moncure asked
that fairness be shown in considering it. He
contended that it should be settled Oh its
intrinsic merits and not in any partisan
spirit. In the first place, it was necessary
to inquire whether Mr.. Schumacher had
been expelled by legal quorum, as a ma
to make the act legal. Mr.. Moncure
thought this case involved another ques-
ton of equal Importance, and that consists
in determining what is meant by two
thirds vote of the HoUse-whether it
meant two-thirds Of the members present,
or two-thirds of the members elect He
said the best legal minds of the city think
two-thirds of the members elect are neces-