New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-01-09

people of the State of louisiana
| Here the Clerk read the letter of Mr.
Carter, Published in the Times of thi:
morning.l
Now, Mr. Speaker, rise for the purpose OF
showing why |, Democratic member OF
this House, and those who act with me or
this floor are here. l refer you to article
| thirty-eight of the constitution
And now, Mr. Speaker, and gentlemen OF
| the House OF Representatives, this brings
me to an important point Mr.. Carter, in his
letter to this journal 1.-THE Iines) says that
he is the legal Speaker of the legal House
of Representatives. In reply thereto | will
read you article thirty-tive of the consttu
! ton of this State:
Each House of the General Assembly
may determine the rules of its proceedings
| punish member for disordcrly conduct,
| and. with a concurrence of two-thrds, ex-
| pei d member, but not a second time for the
| same otfense."
Now, if | make mistake, Mr.. Vigers, be-
| ing present, will set me right. On Thurs
| day last MIR. Carter was expelled this
House by vote Of torty-nine yeas to five
nays, which is tar beyond two thirds, if
am right Now, sir, that being the case.
| how can George w. Carter be the legal
| speaker of the House, And will say here
| that this expulsion occurred in the Capitol
OF the State, that it occurred in the place
| the people sent me to, here in this State
| House, where we served last session; here
III the place where Dir. Carter was elected
| Speaker.
| The people sent myself, and the gentlemen
who act with me, to TIE Legislature. and We
| find the Legislature in the Capitol, and we
are here-here with the majority of the
| House. And if Mr.. Carter was expelled hv
| the majority, and we here are the majority
how can he be legal Speaker of the legal
| House OF Representatives! | wish to call
| your attention to the fact that the const-
| tuition says that the seat of government
| shall be established at the city of New Or
| leans. And gentlemen, we have met in this
| legally constituted Capitol upon the call of
| the Governor. Can we then be a mob Are
| We revolutionary? No We are here for
legitimate purposes. We are here under
the constitution. We are here backed hv
the constitution We must then be a legit:-
mate body.
l desire gentlemen. now to call your at
tention to "a decision of the Supreme Court
IN the case of II. Frellson vs.. T. c. Mahan
Article torty-two reads: mo bill shall have
the force of law until on three several DAYS
it be read in each house of the General As
| sembIy." Certainly a house qualified to
hear the bill read is a quorum. 1t is impos-
sible to give the word two different signif-
cations in the same clause The Senate of
flat twotbirds of q Gnoru,n o,I1, 1,ara
reuuisite 70 nass a hill over r.. ,atn of no
President and NOT ty.o.,hirds of Tho u.bnis
Senate. e. Law Reports quoted by Paschal,
p. 93 See Cushings Law of Legislative As
>emhlles, section 1871 STORY on the CON
stitution, section S9l.) Il Kent, 2i9. note 8. }
The question came up in the Senate OF
two-thir,ls of the Senare. II was IncidaI
without a division tn man +u-n +L;rae ~
the members urrsen+ 1Sae ;onrnai ~,
1861, y. .,Ol
The rIIirs adooted nv that hodv have va.
NAMED with but few i.h,noea rn+I tn.dar
The present rulrs sncriaIIr daclara ~
fourtifths of the members present may d.
rect the passa ra of a hill thrnuch more than
one readinq Tie same d4r 1Snna+e , rnIn
No. Is, 1861 Il has been the interpreted
ton Of the House OF Representatives of the
Legislature OF Louisiana. See House Jour
mai, iS'o PIP. 10 and lt63
Bat tins question IS not without judicial
authority. In the case OF Green ys. Weller
tJ2 Miss. tie point was clearly presented
amt G@ci"cd The act III question III that
case was statute proposing an amendment
- me constitution q; the State. II was
hr!d that when the constitution provided
that such hll should he passed by two
thirds OF each House, the hlll could be
passed by tW"-tlurds OF a duly constituted
quorum. az Mss, =. t>Il
We can see no room tor douttlng as TO
what Is meant IN article iorty-two OF the
constitution by tOur-ntths nt the House.
~ article declares: NO bill shall have
the i"Ec" OF 10 law Untl! on three several
DAYS II read III each House OF the Gen
cral Assembly, unless fourth of the
House where the hui Is pending may dis
ptN>r with the rule. article thlrty-three
ttiLIit~. MOI less tiltu Is majority OF the