The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-08-19
CAPITOL NOTES.
THE TONES BAYOU DAM NAVIGATION
OBSTACLE OPINION OF THE AS
sIsTANT ATTORNEY GENERAL.


sIsTANT ATTORNEY GENERAL.
immediate steps to BE Taken to Close
the Gap-COnvict Labor to BE Used.
His Excellency Gov. Nichols yesterday received
the following Communication from the merchants
OF this city:
NEW ORLEANS August II, 1877.
Hon. r. r. Nichols, Governor:
Sir-Your memoralists representing the com
mercjal interests OF this city, would respectfully
represent TO your Excsllency that the suspension
Of navigation in Red River. caused by the break-
ing away OF the
'sToNE's BAYOU DAM"
is causing very great loss and damage 70 sne
people OF this city and Of the Red river valley Mer-
chants OF this city who do large buairess along
Red river find that business is at an end be-
cause of their inability to ship goods. Merchants
who came here from Shreveport and other por-
tions of upper Louisiana have. within the iase lew
DAYS. gone to 81. Louis to buy their stocks OF
goods because OF the difficulty OF shipping from
here. Our cotton factors have large sums OF
money advanced to planters along Red river and
that portion OF
TEXAS AND ARKANSAS
contiguous thereto; they depend on shipments OF
cotton 10 this CITY to reimburse them. without
navigation in Red river large portion Oh ,nls
cotton will certainly find its way to rival Cities
planters and mercbants along He'd river find
themselves without supplies; considerable mum.
Der Of them always dep nd on the first shipment
of the crop for means Of purchasing. We regard
the washing away Of this dam az causing
VERY SERIOUS AND PRESSING
emergency, and as calling for as prompt and de-
oisive action as If crevasse had occurred in the
richest portion Of our State.
Very respectfully,
Renshaw, Cammsck Co., John Phelps,
A. Baldwin IL Co., g. A. Palfrey,
Schmidt & Zegler, e. b. Wheelock,
Zuberbier q Behan. AMI others.
The Governor, after reading the communities
ton, sent for Assistant Attorney General Egan,
who is now in the city, and desired his opinion as
to his construction of section 8, act lao, pub
lished in yesterday mornings DEMOCRAT.
The Assistant Attorney General, during the
morning, submitted the following reply and opin-
ion:
ATTORNEY GENERALS OFF1oE,
State of Louisiana,
New Orleans, August 18, 1877.
His Excellency Francis 7. Nichols, Governor Of
Louisiana:
Dear Si,--In answer TO your questions respect
ing the power Of the Executive to oause to be re-
constructed the dam across Tones bayou, and
your authority under the fifth section Of act lao To
DRAW UPON THE TREASURY
tOr expenses lDCuET5 Gu i u&fS bU6 uUuuT W NHy
that 1t is my opinion that the replacement Of the
dam would be only restoring the status estab-
lished by the State and Federal governments
that 1t would not conflict with the exercise OF the
power Of Congress to regulate commerce, and
that the repair or restoration OF the dam would
not infringe the rights Of persons inhsbiting that
district OF country.
/ consider that the destruction OF this dam
could not, in just sense or within the meaning
OF the word az used ia tine section Of the act be
1aE n nd fhnFa fprn nj hn
opinion that the power vested in you by that pro-
vision does not extend to or embrace such o case.
Very respectfully,
Assistant Attorney General.
As will be seen, there is but one alternative
left now, and that is for the merchants and
steamboat owners to raise funds sufficient to
provide for the immediate nec essities of the con.
vict labor, which will be about $4,000, and then
rely upon the General Assembly to make IN ap-
preparation
TO COVER THE AMOUNT,
and that course has already been decided upon,
and portion OF the funds subscribed upon the
assurance OF the Governor that such an appro-
priation would be recommended by him.
The steamboat interest will transport free OF
charge the convict labor and the supplies.
The lessees of the Penitentiary propose to
furnish this labor at stipulated price per diens
for each convict, the amount TO be placed to the
credit Of their indebtedness to the State, but as
yet 10 price has been agreed upon.
Major Hardee Of the State Board Of Engineers,
left the city last evening for the mouth OF Red
river to make survey OF that locality and see
WHAT DREDGING rs NECESSARY
to make the mouth of that river navigable during
the low water season.
A telegram was sent TO Major Richardson, at
Tones bay on, announcing this fact, and it Ia
more than probable that after completing his ex-
animation at the mouth Of Red river ne will
either proceed to Tones bayou or the other
engineers will join him. report from Major
Richardson is expected by tomorrow at the far
thest, when definite plan Of action will be