The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-05-02
official journal In this city on the 2ath
dav Of the same month and year.

Petitioner shows that by the prOvis-
ions of the said act the stin Of twelve
thousand dollars is appropriated to pay
any deficit that may exist for the ey-
penses of the Senate during the regular
and extra sessions, including the nitteuge
and per diem Of the regular session. Tor
those who may have been returned as
elected by tile Returning Board but
who, not having been elected, are not
entitled to seats.
And the said act makes the further
appropriatjon Of fourteen thousand
dollars to pay any deficit that may exist
for the EXPENSES OF the House during
the regular and extra session, including
the mileage and per diem Of the regular
session for those who may have been
returned by the Returning Board as
elected but who, not having been
elected. are not entitled to seats.
Now petitioner AYERS that the said act,
In 90 far as Ii provides for payment or
mileage and per diem TO persons who,
npt having been elected, are not entitled
to seats in the uenetal Assembly, Is un-
constitutional, null and void. and can
not be enforced, for the following rea-
Sons, TO wit
/. that said act In this particular vio-
lates article ia OF the constitution Of
the State. which provides that every
act shall express its object Ia Its title.
And your letitoner AYERS that the
| title to the said act, purporting to make
an appropriation TO pay. mileage and
per diem Of members Of the General
Assembly, does not express and disclose
| the object OF those provisions OF the said
| act witch make other and different ap-
prepriations. viz TO pay ''the mileage
| aud per diem Of those who may have
been returned or elected by the Return
ing Board. but who, not having been
| elected, are not entitled to seats" and
| Of whom Ii ia required by the said act
| that they shall. Ia whiting, discaim al
| title to seats la the General Assembly
as prerequisite TO payment.
9. That tue said act, in contemplating
and providing the payment Of mileage
and per diem to the following persons,
to wit T. w. Darlington. Of Uuachita ;
George Bird, Of East Baton. Rouge
Henry Blair. Of Morehouse o. II. Brews-
ter. Of Ouaehita, John A. Brown, Of
| Vernon; jeremiah Blackstone, Of Or
leans; Lucius Early. Of West Felieiana ,
Eugene Gaudere, of Orleans, A. r. Holt,
Of East Baton Rouge; I. 2. Heath, of
Webster. ]. J. johnson, Of DeSoto; W.
G.. Land Of East Baton Rouge, j. J..
| long, Of Desoto; Ernest Martin, Of La
fayette w. J. Moore. OF Orleans; &.
| w. Richardson, of Ualcasieu; Geo. A.
| Swazie. of West Feliciana; W. G..
Shelton, Of Morehouse, Raford
Blunt, OF Natchitoches n. Il. Weber,
Of West Feliciana, and George d. Ham
let, Of Ouaehita the said persons being
those returned as elected by the Return,
ing Board, but who are not members Of
the G Gcaeral Assembly violates article
80 Of the constitution of this State,
which provides That members Of the
General Assembly shall receive from
/ the public treasury a compensation for
their services, which shall be eight dol
lars per day during their attendance"
And petitioner AYERS that the persons
| above named. for whom compenaations
provided and who by the declaration OF
the said act, mot having been elected
are not entitled to seats" were never
sworn in as members of the General
| Assembly and have never attended Its
sessions as members thereof. and that
the said act ID therefore void and uncon
stitutional, in go far as it provides fol
the payment Of mileage and per diem tt
the aforesaid persons.
Petitioner AYERS that there Is lus
reason to fear that Allen Jumel, Auditor
Of Louisiana, may, under the provisions
Of the said act, issue warrants to the
above named persons, and that Antoine
Dubuclet, residing in this parish, State
Treasurer, may pay the warrants 80 is
sued to the above named persons. by
which the State would suffer great ant
irreparable injury.
| Wherefore petitioner prays that writ
Of Injunction may issue enioining an'
restraining the said Allen Jumel, Audi
tor. from issuing warrants to any OF thu
aforenamed persons for mileage and pc
diem for the regular session. rs pro
yided in the said act and restrainin,
the said Antoine Dubuclet, Treasurer
from paying out of the State Treasut
any sum Of money on warrants whie
may be iHsued TO the above named PEI
sons under the provisions Of the sai
act.
Petitioner further prays that the sal
Allen Jumel, Auditor, and the said Al
toine Dubuelet, Treasurer, may be cite
to answer this petition, and that afte
. due proceedings there may be iudgmer
: decreeing the said act to be unconstit,
tional and void, 80 far as 1t provides Is
payment Of mileage and per diem
the aforenamed persons, and that thel
be Judgment making this injunctio
perpetual.
!. lSignedl III. N. OGDEN,
:, Attorney General Of Louisiana.
III. N. Ogden, Attorney General, ha
It ing been duly sworn. deposes and sal
O that all the facts and allegations in tt
It foregoing petition are true and corree
II. N, OGpEN, Attorney General.
Sworn to and subscribed before m
this 30th day of April, 1877.
HORACE BREEpLovE,
Deputy Clerk.
Let writs OF injunction issue here
as prayed for and according to law.
w, I. HousroN, Judge.
"a A true copy.
!" HORACE BREEpLovE, Deputy Cler
FAST TRAIN.