New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-04-08

James Scott, A. Heno,
Anderson Clayton, j. Q. Lame.
Victor Dupart, w. H. Duke.
Eugene Rillieux, Emile Leviste,
John Robinson, A. Saulet,
Henry Ware, Edward 7. Haskell,
G. Boutin. j. f. Newman,
Fred. Toebelman. NJ. T. Block,
Andrew Cassard, James d. Edwards,
Charles Dean. Hubert St. Armand,
Ed. CUurcelle, Louis Surlet
Octave Rigault.
Superior District Court.
City of New Orleans VS.. James Stafford
James Stafford VS.. City of New Orleans
The decree Of the Supreme Court reyersing g
the Judgment of this court, and making the
injunction against Stafford. as keeper OF a
private market perpetual, ordered spread
on the minutes.
State Of Louisiana ex rel. the Attorney
General vs.. Charles Clinton. State Treas
urer: Antoine Dubuclet State Treasurer
and the Board of Audit.
! To the Honorable Jacob Hawkins Judge OF the
Superior District Court tor the Parish of Or
leans:
Your petitioner. tbs State of Louisiana
| by A. F. Field. Attorney General of said
State, respectfully represents: That an act
purportlng to have been passed by the
Legislature Of the State OF Louisiana en-
titieO au act inahih9 appropriations lof
| the general expenses of the State for the
year 1875; providing for the differences
existing in the appropriations of 1874, and
for the payment OF claims and obligations
due by the State of Louisiana prior to the
first of January. 1874; providing for the
payment and auditing OF said claims and
| obligations ont Of the revenues Of the years
in which said obligations were issued or
said claims incurred: providing for and
regulating the manner of auditing, war
! ranting and lquidat;ng said claims and
obligations, and providing for the receipt of
certain warrants in payment of certain
taxes cue the State. AID to provide for the
absorption OF the floating indebtedness" ;"
was approved by the Governor on the
twenty-seventh day Of March, 1875, and
promulgate in the official journal of the
State on the thirtieth day OF March of the
same year IA printed copy of said act is
herewith filed and made part of this peti.
tiOnl; that by the provisions of said bill
various appropriations out of the moneys
and revenues of the State, collected from
taxation, have been made to various Off
GERS, corporations and individuals. amount
ing in the aggreg gate to the surn of 81, l4S 900,
for the current expenses of the State gov
ernment for the year 1875. Your petitioner
further represents that the said Legislature
Which passed the above entitled bill also
passed other bills making appropriations
to be paid out OF the revenues Of the State
for the year 1919, to wit: Act No. =, entitled
ian act making an appropriation to pay
the per diem and mileage of members of the
General Assembly and salaries OF the EN-.
ployes and contingent expenses OF the Leg
islature for said session, the sum of SIS, 600
reference is made to said act as part of
this petition): also. an act appropriat-
ing $4,000 to pay sergeantsat-arms of
sand Legislature: also. an act appro.
priating $4,000 to pay the Return
Ing, Board, and an act appropriatin1g
eighty-tive thousand dollars to take the
census of the State: and also appropriation
of one hundred and thirty-tive thousand
dollars to pay the police of the city of New
Orleans, which added TO the amount appro-
priated By act No. l., as first referred to,
makes the total appropriation OF 1875 out
Of the revenues of the State and out of the
general fund. the sum of 5 ,54S,S5o.
iour petitioner further represents, that
after the approval by the Governor of act
No. l., on the tWertyseventh day o.
March, 1875, called the appropriation bill.
and after said act had been depo5ited with
the Secretary OF State. he, on the thrtieth
day OF the same month, prOmul gated the
said act as law IN the official journal of
the State, 20 wit: the New Orleans Repub-
lican.
Your petitioner further represents, that
afterward. to wit. on the third day of April,
1875, Hon. p. G. Deslonde. Secretary of
State of the State OF Louisiana, without
any authority of law, promulgate an act
of the same number and the same title
and containing in the main the same mat
ters and things as the one first promul-
gated and referred to in this petition;
except that the bill last promulgated in.
creased the appropriations over the first
one, to the amount of $l25,000 which last
mentioned act promulgated on the said
third day of April aforesaid, purported to
appropriate money for defraying the ex-
penses Of the government of the State Of
Louisiana for the year 1876. "a printed
copy of said last mentioned act is herewith
filed and made a part of this petition.
Your petitioner further AYERS that the
PRONUNCIATION of the last act by the Secre-
tary of State was without authority of law,
and the same is null and Of no effect, for
the reason that the Legislature at their
session ending on the fourth of March, 1875,
passed but one general appropriation BILL
and the number and title of the bill so
passed by them was the title and number
set forth in the first page Of this petition
and when the Governor approved the act
aforesaid on the twenty seventh of March,
1879, the Secretary of State promulgated
the same, their powers and control over
said act passed and they could in no
manner reverse. recall or revoke their
acts. in that behalf and their attempt
to do SO was without authority OF
law. Your petitioner further AYERS
that the journals of the Senate and House
of Representatives Of the Legislature of the
State kept and recorded the proceedings of
both houses, and it appears therein that but
one general appropriation bill passed, and
that bill was No. II, with the same title as set
forth in the first page of this petition, ap-
proved and promulgated on the thirtieth
day OF March, in the year aforesaid.
Your petitioner further AYERS that the
said second act. SO approved and pronul-
gated as aforesaid on the third day OF April
aforesaid. was in all respects in items, sums
appropriated, title and number, the same as
the act No. Il, approved and promulgated
on the thirtieth of March. 1875, as set forth
in this petition. and the said pretended act
Of April 3, 1873. appropriated various sums
Of money OF the State. applicable to ex-
penses of the State government tor the year
| -, far in excess of the revenues payable
IN said year, to wit: In the sum of 100000,
and therefore the first act, approved March
z, 1875, as well as the second pretended
act, approved April }, 1875. are in direct