New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-01-30
THE LEGISLATURES YESTERDAY.
Senate.

Il
Senate.
The Senate was called to order yesterds
at II M. by Lieutenant Governor Anton
The Secretary called the roll and a
nounced twenty-five members present an
fourteen absent. There being quorum
the Senate proceeded to business.
A communication from the House il
formed the Senate that that body had Col
CURED in Senate Joint resolution No. l
creating joint committee to investigat
whether there is bona fide agriculture
and mechanical college under act No. l25 (
the acts Of 1874. and for other purpose!
Senate joint resolution No l2, indorsing th
action of Lieutenant General p. II. Sher
dan in assuming command Of the Unite
S5ates troops on the night Of the fourth q
January, 1875, and preventing bloodshe
and riot; concurrent resolution relative t
clerks for the committee to examine tn
books of the Auditor and Treasurer. AM
also asking concurrence in House bill NJ
43, an act to emancipate Althee Dumontier
Of the parish of Orleans; House bill No. AZ
joint resolution appointing q special commit
tee of the House and Senate to inquire int
the alleged organization of illegal and revo
lutionary societies in the State of Louisiana
and for other purposes.
Senator Kelso gave notice of q bill fo
the relief of taxpayers wrongfully assessed
and for the payment OF taxes in succession
leases.
Senator Weber obtained the unanimoul
consent of the Senate to introduce bill t.
be entitled an act explanatory of sectioI
ten Of act No. Ia, approved March 5, 1874
The bill, under q suspension of the rules
was read twice and referred to the Judiciary
Committee.
Alator Weber moved that the majority
rl In the contested election case OF
H John Gair vs. Hon. John E. Breaux
hsl31en up.
Senator Burch said there were two re.
ports in that case-a majority and a minor.
ity report. He wanted both reports con-
sidered.
The secretary read both reports.
The majority report is signed by A. j.
Sypher and f. L. Weber. 1t sets forth
that John Gair, contesting the seat of John
f. Breaux, from the twelfth senatorial dis
trict, failed to give the proper legal notice
of his intention to contest, and for that
reason the committee reported adversely to
the claims of Gair and recommend that
Breaux be confirmed in his seat.
The minority report is signed by T. T.
Allan, chairman Of the Committee on Con-
tested Elections, takes opposite grounds
and asks that Mr.. Gair be seated in the
place of Mr. Breaux.
Mr.. Burch moved that the whole subject
matter be recommitted, and the committee
to take evidence and investigate
the matter thoroughly.
Senator Weber renewed his motion for
the adoption of the majority report. He
said the party contesting the seat of Mr..
Breaux had not availed himself of the
necessary legal steps to do so; that he was
now barred by the statute Of limitation
from doing so.
Senator Allan contended that Mr.. Breaux
lad been duly notified of Mr.. Gair's inten-
ion to co0,st.
Senator Blunt insisted that the proper
notification had not been given; that if no.
was given, it was long after the
ime prescribed by Law, and for that reason
Mr.. Gair had no case before the Senate.
Senator Weber read from Rays Revised
statutes to prove that person intending
o contest the election of another must do
o within thirty days from the day of elec.
ion, and not twenty days after the promul.
alton of the result of the election. He said
he members of the committee making the
naiority report had based their action upon
he law. The Senator sent to the secre-
ary's desk q true copy Of the notice sent by |
'air to Breaux, notifying him of his in
ention to contest his election. The notice |
,as read. The Senator then continued his /
emarks. He said figures do not lie; that
Y the date of the notice it would be seen
nat Mr.. Gair was thirty days behind what
ne law required, and for that reason he
oped the majority report would be sus-
lined.
Senator Stamps called for another read
e of the reports, and they were read by
le secretary. The Senator then took the
Dor and maintained that it was necessary
lat PRONUNCIATION of the result Of the
ection be made before Mr.. Gair was re-
lired to serve q notice that he would con-
ct the seat of Mr.. Breaux. He thought
le bubbles of the law should not be al
wed to stand in the way of justice. He
,ghly investigated before deciding it. He
d not wish to do injustice to either party,
" did be know how he should vote when
q matter was to be determined. He was
mply contending for justice in the prem
ee.
Senator Sypher favored the adoption of
e majority report at once. In answer to
9 remarks of the gentleman from Jetfer.
n (Mr. Stamps), who had said he hoped
e quibbles of the law would not be per-
tted to stand in the way Of justice in this
&c, he would remind that gentleman that
had, during the session Of 1874. declared
report upon contested election case
nilar to the one now under consideration.
1T it was necessary to comply with the
v and give the requisite notice of contest,
else the right to contest would be lost
uator Sypher said the Returning Board
returned Mr.. Bresux, and he was will
: to take that az evidence that that gem
man had been elected. He further said
1t the law required that certain steps be
zen in order to give contestipg party
, right to come into the Senate to make
contest, and unless those steps were