The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-01-13

I
J reiterated his protests and refusals to submit
to any interference, unless compelled by owe,
whelming force. Such force was used by tn
United States military authorities, and to
he yielded.
IL AS TO THE PRETENDED REPUBLICAN ORGAN
EATON.
After the withdrawal Of Wilt and the Con
servative members, Vigers was restored to tn
position of Clerk by Gen. De Trobriand, Hahl
was elected by reclamation Speaker, and ad
ministered the oath to the members in group
of four. Immediately thereafter resolution
was adopted seating four persons from tn
parishes turned over to the Legislature b,
the Returning Board for decision. The oatl
was administered to them, an election TO
Clerk was then proceeded with, at which vi
gers was declared elected.
Upon the calling of the roll, for the cleo
ton of permanent Speaker, only fifty answers
were made. Both Hahn and Vigers testified
on the 9Th of January, 1875, before your hon
who answered the Ill call when the vote was
cast for Speaker, but claimed that two names
that had answered upon previous call OF the
roll, which call was stopped by Wilt before
he retired, were added to make the ffty-two
This is the largest number claimed by the two
witnesses above mentioned when under OATH
before the committee. Two of this number
as before said, were of those who retired with
Witt, and whose affidavits accompany this
statement, showing that they were not present
when VigeRs called the roll de novo. But even
if present and properly added they would moi
have completed quorum, as under article 80
of the Constitution, not less than majority
of the members elect shall form a quorum.
The number elected was one hundred and
eleven, of which fifty-six is a quorum.
THE LAW OF THE CASE.
The only measure of the authority of an
outgoing Legislature, as to an incoming Leg
islature, must Of necessity be the Constitu-
ton of the State.
The House of Representatives which as
sembled January 4th, 1875, in the State
House of Louisiana, was as free from any
regulation imposed by the preceding Legis-
lature, as was the first House that assembled
in the State, unless a distinct provision can
be found in the Constitution authorizing such
regulation.
Does the Constitution of Louisiana of 1868
contain any clause which warranted the en-
actment of Section A, Act No. SO, approved
November Goth, 1872?
liz lduSUHSo VI VA1S ScCt1OA Is duOGcu III
the above statement of facts and law. What
is the extent of the Clerks powers under this
law?
"And it shall be the duty of the said Clerk
and Secretary to place the names Of the
Representatives and Senators elect SO fur
nished upon the roll Of the House and Senate
respectively"
There is no other portion of the section
which relates to the duties or powers Of the
Clerk His duties are strictly limited and en-
tirely ministerial
He calls the roll merely by the grace of the
House, in accordance with custom, and the
moment he completes the roll call his func-
tons are ended. The manner of organiza-
ton then belongs exclusively to the House.
But it is urged that Section A of this Act
placed on the roll by the Clerk, are compe-
tent to organize the House.
How can the rights Of the House which
met January 4, 1875, be less than that which
adjourned March 1st, 1874, unless the House
of 1874 was given power in the Constitution
to abridge the rights and privileges of its
Not a word can be found in the Constitu-
ton even looking toward such an authorize
ton. On the contrary, article thirty -four,
quoted in the statement Of facts and law,
specially provides that each House of the
General Assembly shall judge of the qualifica-
tons. elections and returns of its members
The plain language of this article shows
that the convention which formed the Con-
was careful to prohibit the Senate
and Executive from any interference with the
qualifications, elections and returns of the
tutional provision as to contesting seats, fol-
lowing Immediately the provision in Article
"a, that s. each House Of the General Assembly
ehan judge of the qualifications, elections
and returns of its members" excludes the
idea that either House of the General Assem-
bly, can be controlled in deciding upon the
qualifications, elections and returns of its
members by law which requires the ap-
prevail Of the Senate and Executive. This
provision was intended to secure the indie
pendence Of the House from the influence of
The Senate and Executive, and is almost a
duplicate Of the provisions contained in all
Of the State Constitutions, and is in the exact
words of the first clause of the fifth section of
the first article of the Constitution of the
United States.
How many are quorum? Article 80 of
The Constitution declares s.that not less than
/ majority Of the members Of each House of
The General Assembly shall form a quorum to
transact business, but a smaller number may
adjourn from day to day, and shall have full
power to compel the attendance of absent
members"
The Goth article of the Constitution pro-
yides ''that each parish shall be entitled to at
east one Representative.
Constituting the thirty-third article, which
:equires majority Of the members of each
House to form a quorum, with Article 20, |
which requires that each parish shall be en-
tiled to at least one Representative, and
Irticle 46, which requires returns of all cleo
ions for members Of the General Assembly |
o be made, the conclusion is inevitable that |
legal quorum, under the Constitution must |
,e majority Of the whole number of Repre-
entatives to which the State is entitled to-
Wit: fifty-six-a majority Of one hundred and !
eleven.
To construe section A of Act of 1872, as
a quorum to be constituted of a
majority of the members that may be returned
~ the Returning Board, is to annul by statute
he constitutional provisions contained in