The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-04-08
THE APPROPRIATION BILL.
The Petition and Injunction.
Superior District Court.

Superior District Court for the parish OF Or
leaus:
Your petitioner, the State Of Louisiana, by
A. 2. Field, Attorney General OF said State,
respectfully represents: That an act purport-
ing to have been passed by the Legislature OF
the State of Louisiana, entitled An act
making appropriations for the general expen-
ses of the State for the year 1875; providing
for the differences existing in the approprla-
tons Of 1874, and for the payment OF claims
and obligations due by the State OF Louisiana
prior to the 1st of January, 1874; providing
for the payment and auditing OF sad claims
and obligations out of the revenues OF the
years III which said obligations were issued to
said claims incurred; providing Tor and regu-
latiug the manner of auditing, warrantIng and
!iquidating said claims aid obligations, and
providing for the receipt Of certain warrants
| IN payment Of certain taxes due this State,
and to provide for the absorption OF the float
ing indebtedness, was approved by the Gov
ernor on the 9th day OF March, 1879, and
promulgated in the official journal Of the
State on the 3O.h day of March, OF the same
wear "a printed copy Of said act is herewith
| filed and made part OF this petition) that by
the provisions OF said bill various appropria-
tons out of the moneys and revenues OF the
State, collected from taxation, have been
made to various officers, corporations and III
ulNluudlS, dluOuHtlup Ia TIC dS,toiSSdtC " NAo
sum of S1,149, 900, for the current
expenses of the State government for
the year 1875. Your petitioner further
represents that the said Legislature
which passed the above entitled b IL also
passed other bills making appropriations to
be paid out OF the revenues OF the Safe Tor
the year 1875, to wit: Act No ?, entitled IAN
act making an appropriation to pay the per
diem ard mileage Of members of the General
Assembly and salaries of the employees and
contingent expenses Of the Legislature Tor
said session, the sum Of Sl5S,OoO preference
is made to said act as part Of this petition);
also, an act appcopriating 5000 to pay SER
geants- "a t-arms of said Legislature; also, an act
appropriating So to pay the Returning
Board, and an act appropriating $50, OOo to
take the census Of the State; and also appro-
priation OF S!35, 900 to pay the police OF the
city Of New Orleans, which added to the
amount appropriated by act No. II, as first
referred TO- makes the to al appropriation OF
1875 out of the revenues OF the State aud out
OF the general fund, the sum Of Sl,5is, 500.
Your petitioner further represents, that
after the approval by the Governor OF act No
II, on the 9th day of March, 1875, called
the appropriation bill, and after said act
had been deposited with the Secretary OF
State he, on the thirtieth day of the same
month, promulgated the said act as law II
the official journal Of the State, to Wit: the
New Orleans Republican.
Your petitioner further represents, that
Iafterward, to wit, on the Sd day OF April,
1875, Hon. P. G. Deslonde, Secretary OF State OF
the State O. Louisiana without any authority
of law, promulgated an act OF the same num-
Der and the same title and containing in tie
main the same matters and things as The one
first promulgated and referred to in this petit
ton; except that the bill last promulgated in
creased the appropriations over the first one,
to the amount OF S125, 600, which last mea-
toned act promulgated on the said third day
Of April aforesaid, purported to appropriate
money for detraying the expenses OF the gov
eminent of the State of Louisiana for the
year 1875. ca printed copy OF said last men
toned act is herewith flied and made part
Of this petition
Your petitioner further AYERS that the pro-
mitigation Of the last act by the Secretary 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 bu,
one General Appropriation bill, and the mum
Der 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, 1875, the Secretary OF
State promulgated the same. their powers and
control over said act passed and they could II
no manner reverse, recall or revoke their acts
, in that behalf and their attemp. to do SO was
without authority of law. Your petitioner
further AYERS that the journals Of the Senate
and House of Representatives Of the Legisla
|ture Of the State kept and recorded the pro
ceedinos 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, approved and promulgated on the
thirtieth day of March. in the ye.r aforesaid.
Your petitioner further AYERS that the SAID
second act, 50 approved and promulgated az
aforesaid on the third day Of April aforesaid,
} ated, title and number. the same as the ac'
No. IT, approved and promulgated on the
J thirtieth OF March, 1875, as set forth in this
petition. and the said pretended act OF April
3, 1875, appropriated various sums OF money
Of the Slate applicable to expenses OF the
State government for the year 1870 far IN ex-
4 cess of the revenues payable in said year, to
1 wit: In the sum of 100000, and therefore
the first act, approved March n, 1919, a.
well as the second pretended act ap
proved April 3, 1875, are in direct VIC
q iation of the third amendment TO th'
;. Constitution of the State of LOUISIANA
, adopted in November, 1874, which declares
that ali appropriations i'll excess OF the reve
nues shall be null and void. Therefore, you
petitioner AYERS that the act OF the 3Oth 0
March, 1875, as we'll as the pretended act Q
: the Sd Of April, 1875, are both, for the rea
g sons above set tor.h unconstitutional, anG
e that your petitioner, the Safe of Louisiana
), would suffer great pecuniary loss, to-wit: tn
: loss Of $500, 900, if the provisions OF either o
sid acts were enforced and carried out
/ When, therefore, it may be uicially deter
i mined which of said acts if either, is the &C
: which passed the Legislature in due f form
your petitioner prays that your honor will de
i clare such act Unconstitutional, null and void
q because it is in violation Of the third amend
: ment to the Constitution.
l. Your petitioner further AYERS that Charlie
g Clinton. Auditor of Public Accounts, is abou
to issue warrants upon the state LOT the var
} Antoine Du6uclet, State Treasurer. will pa
. said warrants out of the moneys OF the State
to the manifest injury OF the State, whercfoI
y