The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-05-24
TuE AUDITORS WAR.
A Decision 0f the Matter In the run
District Court

Allan Jnmal Auditor. No. S307.--Tbe relator
axis that The Auditor OF the State OF Lnustsna
be ordered TO warrant on the y ate Treasurer Tor
the payment of the following claims ann, -.
A warrant III favor Of Henry Blair FOR s9E4 for
mileage and per diem for the regular session OF
1877. ..ao
and warrant in favor OF j j. johnson TOT sz3V, I'D
payment Of mileage and per diem, as in the ca Q
of Henry Blair, Those three warrants are signed
by Joho Young, chairman OF the Committee OF
Contingent Expenses Of the House OF Represen-
tsfiyes. and approved by Louis Bu.h, speaher,
and are issued by authority o. ana unoer tne
provisions of the act of the Legislature appropri-
atipg $3.50 900 for the payment OF the mileage
and per diem OF members OF The General Assem-
blv known ~ aot No. 4 OF the regular session OF
1877. and approved January ~, ls!l. ana niso
updsr tho provisions of act No. II OF 1872. This
latter aot, however, only fixes the mileage. OF
members Of the General Assembly, and 10 the law
dreotipp the proper officer OF the State IN COM
puiipe tho amount due for mileage.
Under the constitution Of the state the General
Assembly Of the state are the judges o. the quail
incatiops Of their own members, and there is
nothing before me to justify disregard OF the
proper certificate OF the proper tihcers OF the
House of Representative. The aot mo.
was passed To pay pucb ofIoers OF the State IA
certified TO bv the chairman OF the Committee on
Oon,irgent Expenses and the Speaker OF the
Honse. .,..
DeIator also claims an order from this court on
the Auditor, to warrant on the Treasurer IN 'aY "
Of a certificate 10 favor OF @. b. Hamlet and II.
4, Weber for, respectively 5000 and $3.50. These
certificates are gned by W. A. bertson, chair
man Of Senate Committee for Auditing and su-
pervisiug The Expenses OF the Senate, and up.
proved by l.. A Wilt, Lieutenant Governor, and
are for mileage aid per diem a. contrasting sena-
tors and are 'seued undor act NJ ~ OF the extra
session Of 1877 and act No. II OF 1877.
have referred above % the provisions OF act
Nc. IL Of 1874 Thu Attorney General insists
~ Nj, az ;. tint on al. h
ieet Of the act IL not expressed in Ia title
The title Of the act Ia M follows;
Extra session Of 1877.
No. gS-An act Masking an appropriation on MY
thousand dollars ont Of the General Fund for
the payment OF the mileage md per diam OF
the members OF The General Assembly and
tho contingent expenses thereof, ns well ~
tbs contingent expenses Of tho Governor,
makirg tho warrants issued under this net
receivable for taxes and licenses due the
General Fund, collectible in tho year one
thousand eight hundred and seyenty-seven.
The act contains the following proy-ions:
SECTION |. De 10 enacted by NE Senate and
House of Rspyesenintipes of The State Of louisiana
h, General Assembly convened, That the sum Of
fifty thou aud doarp, or 70 much thereof rs may
be necessary. be and the same 10 hereby spprn-
priatea out OF the General Fund, for the follow
ing purpos or, to wit: Twelve Thousand five hun
dred dollars thereof TO pay any deficit that may
exist for the expenses of tho Senate during the
regular and extra session, including the mileage
and per diem Of the regular session for those
who may have been retu nod as eIeoted by the
Returning Board, but who not having been
elected, are not entitled to seate; pfoUided, that
no sueh mpmb ers shall be paid unll they have
fled with the presiding officer Of the Senate
written disclaimer of their titles to seat; four
teen Thousand five hundred dollars thereof
to pay any deficit that may exist for the
expenses of tho House during the regular ana
extra ses i,p, including the mileage and per
diem of the regular session, for those who may
have been returned a. eco ed by he Returning
Board. but who, not having been eoted, are not
entitled to sea 8; pr0rided that no such mem
beers shall be pal until they havs filed with the
presi ling ofist OF the House wtiten disclaimer
of their titles to seats; twent three thousand
dollars thereof as contingent t1hd Tor the Gov
ernor, 70 be dra yn upon his order to pay any ex-
penses or charges incurred In any way In conse.
ouence OF the conflict anu termination Thereon
recently existing in this State.
SEC. 2. Be ii further enacted etc., !hat any
money not expended herein within the sixty days
from the PRONUNCIATION hereof, shall be passed
back to the credit OF tho general fund, and mat
all warrants issued hereunder shall be recfiya.
BILE for taxes and licenses due the general fund
for the cure mt year.
SEC. 3. BE ii further endcte etc., That this &c.
shall +, k, effect from aud after rs passage, snd
that all laws and parts OF laws Ill conflict here
with be aud the same are hereby repealed.
(Signed) LOUIS BUSH,
speaker OF the House OF Representatives.
(Sgped) LOUIS A. WILT,
Lieutenant Governor and President OF the Senate.
AP tsianed1 Hp' FRANCIS T. NICHOLAS.
Governor OF the State OF Louisiana.
A true copy:
Secretary OF State.
There Ia nothing In the title OF ms act WHOM
indicates thst person is to be paid Tor services
ss memb of the General Assemb y unless he
be actually member Yet sd IN the n OF
$50, 600 for the payment II persons declared by
the act not emitted to seats; and further
requiring from such persons pnblc nls-
claimer OF any title to seat in other WINS, the
provisions of tife act award the money OF the
neon, O TO certain persons who will disclaim any
right or t,tla to seat in the General Assembly OF
the State. while the title of the act particularly
declares $50 QUO are aparopriatadf,t the pa ment
Of per diem and mileage Of members OF the zen.
era Assembly.
Ihe act il unconstitutional in 80 far as 1t appro.
PIRATES any portion II the funds to the payment
of persons not members OF the Legislature, ana
no validity taches to certificates or vouchers 50
Issued The Auditor properly refused to "ariant
for such claims,
It is coptended however, that these vouchers
should be controlled by joint resolution NO. l3J
approved Apl il 80. which reads as foiows
No. 13O-Joint resolution providing for the pay
ment of the mileage and per diem OF persons
but not 20 elected aud not entitled to seats,
and authorizing the G vernon to draw against
the special fund appropriated by act number
forty-seven OF the regular session OF one
Thousand eight hundred and 8 venty seven,
vouchers for said mileage and per diem, as
we'll as for other legi.lat Va expenses.
SECTION L. Be II resolred By Me Senate ana
House Of REPRESENTATIVES Of The STATE Of LOUIS" .
ana. in General Assembly, concerned, That the
persons rutu ned by the Returning Board as
elected to the General Assembly, but who were
not elected, and whose seats, in consequence OF
said non-election sre occupied by the duly elected
| members, be and the same are hereby declared
entitled to their mileage and per diem for The
regular SESSION.
SEC Q. Be Il further reso1red, ETC., That the
chairman OF the tom u.ittee GU Auditing and
Supervising the Expenses OF the Senate, and the
chairman OF the Committee ON Contingent kx
penses of the House of R. representatives. be. and
they are hereby authorized, upon the certifi cate
of the Lieutenant Governor and Speaker OF the
Hou@ q of Representatives, that said persons have
presented their written disclaimer their rights
to seas to issue vouchers to said persons to be
paid out OF any funds appropriated FOR the regu-
-krac