The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-07-04
Frther Consideration Of the Re
port Of the Committee on
General Provisions.
Article Adopted by Substitute
Prohibiting the Sale Of Liquors
on Sunday.
~ THURSDAY, July 3.

~ Delegate Lott then arose. and stated that
The evil consequence Of permitting the at
tendance of reporters at their meetings was
now showing itself. There was no doubt that
~ different course would In future be pursued.
AS the committee now composed was too
small to properly perform it's labors, he
moved that two more members be added to
the committee. The motion was carried.
The President appointed Delegates Gas
kins and Ogden as the additional members Of
the com mittee.
The ordinance appropriating S25OOO to pay
/ The yeas and nays were demanded On the
adoption of the ordinance, resulting-yeas 81,
nays Al, and it was finally adopted.
PETITIONS AND RESOLUTIONS.
By Delegate Forman-That the ordinance
adopted on the State debt be submitted to the
people separately for ratification or rejection
Laid over.
BY Delegate McGloin A petition from
sugar refiners praying that they be exempt
from taxation Referred to the Committee
G. nufactures.
IT, Delegate Pardee-That the Committee
on Investigation be increased to nine mem
bers and be authorized to employ stenogra-
pher. Laid over
By Delegate kernochan-A petition from
civil engineers, praying for the creation of a
bureau OF Internal improvements Referred
to the COMMITTEES on Internal Improvements.
q By Delegate Stone That the clerks Of al
committees, except the committees On Judi
ciary, Contingent Expenses and Enrolment,
be discharged from this date. Laid over.
BY Delegate Blanehard--A petition from
steamboat owners, praying that steamboats,
be exempt from taxation. Referred to the
Committee on Taxation.
By Delegate Simon Relative to an ordin-
ance for the relief of taxpayers. Referred to
the Committee on City Affairs.
By Delegate Hongh-Relative to taking the
q the people on tne
. BY Delegate notwithstanding the sub
mission OF the question Of the State debt to
the people In separate ordinance.
Delegate Lott opposed the resolution 10 its
present shape. He contended that it was not
fair proposition to submit to the people.
leaving them only the alternative of acknowl-
edging the debt In Its present shape or at the
reduced rate Of interest proposed.
Delegate Heron thought the resolution
was premature. The question OF the debt had
not been definitely settled.
Delegate Young moved to lay the resolution
on the table subject to call Adopted.
By Delegate Notwithstanding for the
taxing Of bonds, stocks, negotiable paper, etc.
Referred to the Committee on Finance.
ORDINANCES INTRODUCED.
The following ordinance was introduced,
read O. first time and referred:
BY Delegate Carey-Declacing dogs to be
property and requiring the General Assembly
to tax them.
The ordinance introduced by Delegate White
as an'additional article to the ordinance On tax
alton, was taken up and referred to the Com
mittee on Taxation.
THE SPECIAL ORDER OF THE DAY,
being the ordinance introduced by the Com
mittee on General Provisions was taken up.
The pending question was ON article FL
which was adopted as read:
ART. 81. The General Assembly shall enact
laws for tha protection and preservation :, OF
game and fish within the state Il fhe
certain parishes or districts.
Article % was read:
ART "a. In Gil prosecutions or indictments
for libel the truth may. be given in evidence:
and the jury, ia all criminal cases shall be
judges Of the law and of the facts.
Delegate Blanchard moved to amend by in
sorting the words .'of the matter alleged to
be libelous' after the word truth
Delegate Lyons moved to amend by adding
the word "thereof" after the word "truth.'
Adopted
Delegate POche moved to amend by pro-
viding that the jury shall accept the law as
laid down by the Judge.
Delegate Heron opposed the amendment,
contending that IL 1t was adopted the right Of
trial by Jury would be virtually abolished.
Delegate Pardee offered a substitute for the
amendment BY adding to the article: On the
question Of guilt or innocence having been
y
applicable to the case.
Delegate Cunningham favored the substl-
tute.
Delegate Lott opposed both amendments.
He contended that the power of the Judiciary
was already too expansive, and 1t should be
limited rather than extended.
Delegate Poche favored the substitute In
lieu OF the amendment offered by himself
His remarks were as follows:
"On the motion to adopt the amendment
recognizing the right of the judge to charge
the jury In criminal cases, j offered this
amendment for the purpose OF settling
judge being required by the present laws to
charge or Instruct the jury, common sense
dictates that his charge should be considered
by the jury, or else 1t Is presenting an idle
and unmeanng ceremony, amounting almost
to mockery.
"In answer to the argument of the delegate
from West Carroll. who asserts that our fore
fathers, both in England and In this country
absolute power to judge without instruction
from the court OF both law and facts, and that
our. judiciary being disposed to overreach
their authority and encroach upon the other
coordinate departments should be limited III
their power, | must take issue with him liz
both assertions. IT the gentleman was famil
lar with criminal law, he would know that the
English criminal law has been elevated and
consecrated as guide to many nations by
the learned and patriotic decisions Of the Illus
trious judges which adorned the English
bench.
Sin answer to the charge of arbitrary en-
croachments of our judiciary, must solemn
~ protest against that aspersion in behalf 0
our present Supreme and District Courts, for
on the contrary, they have been salutar.
checks on the frequent encroachments OF tn
Legislative department.
"GeRtiemen are struggling for the adoption
of provisions favoring the accused, on thu
plea that such measures are necessary to thu
protection of the liberties of the people. /
strikes me that In their zeal they lose sight 0
the interests Of the State, and really jeopar
dizs the rights Of the people, who are inter
ested in the punishment Of crimes for the pro
lection of their life and property.
1T Is said that the people arenow suffering
from the tyranny of judges, but history
teaches different lesson; the great evil o
the day arises from the impunity of crlmi
nails and the facility Of their escape from con
viction and punishment. And yet we see Oh
this floor delegates who are willing and ever
anxious by their action to Increase these