New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-01-25
THE LEGIsLATURE YESTERDAY.

The Committee on Contested ElecClOns
/ through its chairman, Mr.. Stamps, reported
1 adversely 20 the claims Of c. J. G. Puckette
I as the contestant for the seat occupied by
| Mr.. Blunt from the twentieth senatoria
| district; but favorably 20 allowing Mr.
puckette mileage and per diem.
On motion OF Mr.. Stamps the report wal
read, and ON motion Of Mr.. Greepe it wat
/ adopted.
Mr.. Chadbourn called up Senate bill No
! GAG, entitled an act to fix the time Of hold
| ing court in the Fourth Judicial District
and under suspension Of the constitutions
rules the bill finally passed the Senate.
Mr.. Crawford called up Senate bill No
2S5-a substitute for Senate bill No. l95-ai
act fixing the time of holding courts in the
Twelfth Judicial District. The bill was
| read, and. under a suspension of the rules
finally passed.
Mr.. Cage moved to take up the joint reso
luton addressing out Of office Emile Hebert
clerk Of the Fifteenth Judicial Distric!
Court. parish of Assumption. and, the mo
ton being carried, he asked for suspension
of the rules in order that the joint resolu
iion might be placed upon its several read
ings and finally passed.
Mr.. Wharton wanted to know what cause
there was for addressing Mr.. Hebers out Of
office.
Mr.. Cage stated that Mr.. Hebert was
holding office without lawful commission,
and In violation Of law; that he was dis
charging the duties of clerk of the Fifteenth
Judicial District Court with 10 better
authority than 3 commission emanatins
from John McEncry for doing so; and that
he had never filed bond with the dc iacto
government nor complied with the law gov.
erning clerks OF courts before entering
upon the discharge of their official duties.
Mr.. Belden was surprised to find opposi'
ton 60 the resolution at this time. The
subject had been before the Judiciary Com
mittee for investigation. That committee
had become acquainted with the facts in
the case, and governed By the facts had pre-
sented the joint resolution now before the
Senate and recommended its passage. Mr..
Belden said it would not surprise him to
hear friends of the McEnery government
objecting to the resolution; but he would
repeat, be was surprised to hear gentlemen
favoring the recognized government OF the
State. and members Of the Legislature at
that, question the propriety Of passing the
resolution before the Senate.
Mr.. Blackburn thought it unnecessary for
the Senate TO take any notice OF Mr.. He
bert. If he IS holding Office without COM
mission from tine Governor OF the State,
when the law renders such commission
necessary. he is clearly usurper: and as
there is law Furnishing intruders in Office.
he thought Mr.. Hebert should be reached
through The courts. Mr.. Blackburn was Of
tho opinion tha: if the Legislature ad-
dressed Hebers out Of office, the act might
be taken "a, a recognition Of the power that
gave him authority to hold office.
Mr.. Cage wanted TO knov what course
could DO taken in case the couIts OF the
parish Of Assumption refused to remove
Mr.. Hebsrt. who holds = commission from
McEnery. and install Pintado. duly com.
missioned by Governor Kellogg.
Mr.. Wharton hero arose aud said he was
glad that he had asked why they were ad.
dressing Mr.. He5ey: out Of office. To the
question propounded by Mr.. Cage, he
would answer tha. the remedy was with
the courts. If the party was . nsufpey. the
laws covered his case.
Mr.. Anderson, chairman Of the Judiciary
here arose and gave short his
tory OF the case. He said the facts showed
that in consequence of the notorious frauds
in the election in Assumption parish, the
State board Of returning officers made no
4. to parochial officers, and it be-
came necessary tor Governor Kellogg TO
appoint men 20 h; vacancies occasioned
thereby. We appointed Z. &. Pintado
clerk Of the Fifteenth judicial District
Court tof the parish Of Assumption. Mr..
Pintads. nfter being duly commissioned, |
made q formal demand Of Hebert, who was !
u possession. tor the office and its records. |
deberJ refused 80 surrender the same, |
IND PiMtado then made an effort to inst!. |
ute suit against Hebers Under the intrusion !
let: and the district attorney pro tsmpo1e !
lot only refused TO take action for Plntado
'ut actually took proceedings sgains. him !
5 Ii, = view Of cenyictin. him Of wanting |
o usurp the Office; and the Judge OF the |
ourt ;or the Fifteenth judicial District !
ende,sd verdict declaring Pin:ado q
.sarpev and intruder, and Eebert the law.
u! clerk. From this illegal decision P.g
ado took an appeal. bu: in consequence OF
eglec:. bis attorney failing TO send ri, the
a pe4s in chs case within the time pre-. !
eribed by law. che Judgment has thus far
ees, mad. binding. To reach chi. condi-
ion Of affairs in Assumption, said Mr. An.
ersor, legislative action has been inv oked.
joint resolution was introd 1ced into the !
enats. and referred 50 the Judiciary Com.
littee. Tia: committee hat investigated
,e subject. and reported = substitute for
le original resolution. and recommended
8 passage. Will, these remarks. Mr.. An-
eTsCn said he would leave the matter with
le Senate.
The resolution sdiressins Nj. Rebers cus
ctiic" was ,hen taken up. and. under i
lspsEs:.'. "' :h. rules. finally passed the
,Hssa.
HH r,n:i'n 0: Mr.. Stamps Senate bill No
!. .,n &C: closing tn. drinking houses o:
lbl.a resort, theatres and other place. oi
lbh" amusement on Sundays. and pre-.
min: tn" safe ~ spirItuous and NAL. .
luov. on that day. was called up. q
Mr.. Harpe! asked 3oy u yeadin. OF the 4
II. 1t was read ,
Mr.. Harper said that unless Il could be so
,endei as ~ ALLOW restaurants aad eato |
s-houses 70 remain open on Sundays he y
'uid be compelled TO vote against it. 1;