New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-02-11
b. the merchants Of Iberia: relative to license

Which was ordered to be referred to tie
Committee on Ways and Means.
REPORTS OF STANDING COMMITTEES.
Mr.. Young, from the committee on Judi
ciary, submitted the following report:
To the Henorabe Speaker end Members Of the
House OF RepIe sentatlves:
l am directed by the judiciary Commit
tee to submit the following report:
FavOrablv on the following bills:
Senate bill No. 49, an act regulating the
time of holding the regular terms OF the
district court ct the Eighth Judicial Dis
tr;et, parish of Ca!casieu.
Senate bill No. 80. an act to iurther de-
fine and extend the jurisdiction Of the gar
ish courts of the State.
House bill No. 266, relative to privileges
for taxes, and to restrict such privileges
and mortgages to the property taxed.
House bill No. SO, an act to reduce, regu-
late and define OR fix the fees. costs and
charges, and regulate the duties Of the
recorder Of mortgages OF the parish OF Or
leans.
House bill No. 29, an act to authorize the
police jury OF the parish OF Jefferson, right
bank. TO issue interest bearing bonds.
House hill No. co, to amend and re-eEact
section 34lQ of toe Revised Statutes.
House bill No. 1919, an &C: to authorize
the authorities of Shreveport to levy tax
tor the support Of its fire department.
House bill No. 81 lDy the majority, an
&C: to repeal an act entitled an act to in
crease tie revenue Of the State, and to au-
thoriza the incorporation OF The Louisiana
State Lottery Company.
Untavorably on the following bills:
House bill No. $50, an act relative TO Judi
cial salee.
House bill No. l26. an act providing the
manner and fern of sneritfs and cOrOner's
sa'es, etc.
House bill No. IS, an act 70 amend and
re-enact section SAC OF the Revised Statutes.
House bill No. 1885, an &C. regulating the
assessment of Stare and parish taxes on the
barren lands Of the State.
House bill No. ITO 10y the majority en-
titled an act to increase the jurisdiction OF
justices of the peace in the several parishes
of the State, parish Of Orleans excepted.
JOHN YOUNG, Chairman.
In the opinion of majority of the COM
mittee, the constitutional objections to the
bill have NO weight. No franchise for a
term of years has been bought from the
State, and paid for by the Louisiana LOT
tery Company, 80 as to constitute con-
tract or obligation which can not be i'm
paired or abrogated under the provisions
of the consti iuticn. The State simply
granted an exclusive privilege to conduct
the lottery business, upon the payment OF
an annual sum into the State treasury. The
Legislature is certainly competent TO remit
the annual payment and withdraw the
privilege.
That the act should be repealed on the
score of public policy, is conceded. Inc
demoralizing effect upon our community OF
the licensed lottery eys.em, imperatively
demands the repeal Of the law by which it
has been established.
Respectfully submitted.
FELIX VOORHEES,,
GEORGE w DUPRE,
B C. ELLIOTT,
w. B. KOONTZ,
JOHN L SCALES,
JOHN BILLIU,
BOLlVER EDWARDS.
And the same member, from the same
committee, submitted the following report,
to wit:
To tie Honorable Speaker and Members OF the
House OF Representatives:
Your Committee on Judiciary, TO whom
WAS referred House bill No. l93 an &C. 70
adjust. regulate and provide Tor the BONDS,
etc. of the city of New Orleans. etc, beg
leave to report fsvorably by substitute bill
herewith offered.
' JOHN YOUNG. Chairman,
w B. KOONTZ.
JOHN S. BILLiC,
A. B. LEVJSEE.
BOLIVAR EDWARDS,
JOHN l. SCALES,
NJ HAHN
BIC. ELLIOTT.
CHARLES w. LOWELL,
GEORGE w. DUPkE,
JAMES s. MATTHEWS.
The following minority reports were also
| submitted and received:
| To the Honorable Speaker AID MembeIe OF the
| House Of Representatives,
| Act No 81, to repeal the act creating the
Louisiana State Lottery Company. involves
| grave questions Of constitutional law, and
| imposes on the judiciary Committee, 70
| whom the bill has been referred. the duty
| of determining whether, IN their OPINION, 1t
| ia compe.ert for the Legislature, acting
| under the constitutional limitations, to re-
PEAL the act creating the Louisiana State
| Lottery Company, by legislative enactment,
without adequate compensation maze.
The obligation imposed on us, az men,
bers of the Judiciary Committee, to recon-
mend the passage Of no bill which plainly
violates the constitutional restrictions. upon
the law making power OF the General AS
sembly, is one which We ought to recognize
and faithfully fulfill; and, however Oh
noxious We may deem the act sought to pe
repealed, and however desirable the ex-
| tirpation Of this odicus monopoly may be,
vet. if We find a constitutional barrier in
The way, We should yield our convictions OF
expediency 10 reverence for the constltu'
ton. and not seek the public good through
violation of the fundamental law.
One of the greatest evils OF the times
is an encroaching disregard on the part OF
those in authority Of constitutional and
legal requirement. Let us not. py our ac
ton, give sanction to this evil. In proceed
ing to give such reasOns as the limited time
nave been able to bestow on the subject
permits, for my reluctant dissent from the
majority of the committee, and why, II my
opinion, act No. 81 is beyond the sphere Of
legislative reach in the manner proposed
it will be assumed that the General As
semblv of this State is only limited, IN tine
exercise of it's legislative functions, by sucf
| prohibitions as are contained IN the federa
constitution, or such as may be found II
the organic law of louisiana. 1t will bt
further admitted, for the preseat purpose
| that if there be reasonable doubt as to Tho
right of the Legislature 20 repeal the &C
creating the Louisiana State Lottery Com
panv, tia. doubt should, tor urgent reasons
OF public policy. be resolved in favor OF the
power But if, on the other hand, 1t mani
festly appear, on examination. that sucf
repeating act would involve fragrant VIC
lation OF the constitution OF either thu
State or the United States, then we ough
not to recommend it to the House.
The first section of act No. 25, creating
the Lottery Company, points out as one
the objects had In view by the Legislator.
. il creating domestic lottery company,
, was to retain within the State money whlci
had previously been, by the sale OF 1ereig.
| lottery tickets, absorbed and Withdraw
from circulation here, for the nourlshMen
, of institutions of similar character 10
Gated elsewhere.
, The second section names the corpora
tors, who are constituted and declared
corporation for the object and purposes