The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-07-09
Discussion Of the Ordinance Providing
for the Free School Fund.
It is Finally Referred to a Special COMMITTEES
Of Five for Further Consideration.
THE ordinance Of tho Committee on
General Provisions On It, Third
Reading.
. TUESDAY, July 8.

%
made the special order OF the day for Monday
Immediately after the reading Of the journal
The ordinance reported by the Finance Com
mittee, providing that the first General As
aembly shall make an appropriation to liqui
date the loan of $4,000 made by the Conven
ton to enable 1T to complete the work o
Trainings constitution, came up on Its thirt
reading, and was finally passed.
SPECIAL ORDER
The ordinance reported BY the Committee
On Education, providing for the free school
fund. the seminary fund, and the Agricultu-
raj and Mechanical College fund, was taken
. lib. The first article was read:
ARTIcLE1. The Indebtedness OF the. State to
the FREQ school fund Ia hereby recognized and
fixed at the sum Of $1,193.5o0, which amount the
free school fund On lis books and The State
bonea q Tree School nnd
Delegates Claiborne and Favrot urged the
adoption 81 the ordinance.
Ey Delegate Matthews moved to insert after
the word thereon ID the first article, the
words from the first of January, 1876"
10 eegate Forman moved to amend by i'd
serting four per cent instead Of six per
cent, =,
Delegate cunningham moved to amend
Delegate MattlewSs amendment by striking
lo,iI ais76' and Inserting .'1ssO.'' q
Delegate Wells offered q substitute Tor the
entire article, providing for q recognition Of
the States Indebtedness to the free school
fandte payment ct per cent interest there,
townships entitled to it under the Law OF Con-
y REeSS donating the lands.
Deiegate Sutherlin moved that the entire
subject be referred to a special committee of
five to be reported back at the earliest practi-
cable moment. Adopted.
THE BILL OF RIGHTS.
Consideration of the report OF the Com nit
tee OIL Bill OF Rights WAS resumed, the pend
ing question being Oh article 10, as follows:
Arr. 10. n AL cfinina', prosecutions the &C.
sensed shall erjoy the right TO BE- informed Of
the nature. mo cause Of 1hs accusation. to be-
confronted with the witnesses against him: to
have compulsory process, for obtaining wit
eg IT. o 81 ana ~ a aa b
right to challenge jurors .peremptorily. the
number Of challenges to be fixed bystatute.
Delegate Parlange moved to amend By In
serting after the word accusation" the
words ITO be furnished on demand with a list
or the witnesses on whose testimony the
charges against him are founded
Delegates Lyons and Mcdonnell opposed
the amendment; Delegate White urged it's
adoption.
The amendment WAS voted down, and the
Z article as reported was adopted.
THE President announced as the special
committee on the investigation of the free
lin, Cunningham, McGloin and Matthewsl
Article II was read:
ART. IL. Excessive bail shall not be required
nor excessive fines be imposed nor. cruel and
shall be bailable by sufficient surety. unless for
capital ofenses where The proof Is evident or
TIE presumption great or unless after con- op
with death or imprisonment at hard labor.
N Delegate Forman moved to amend by strik-
ing out the words "and annual" Laid on the
Delegate Simon moved to amend by strik-
i ing out the words, where the proof is evident
or the presumption great" Laid on the
table. 0""@@~
Delegate White moved to amend by striking
4 out all after the word "offenses." Lost.
The article was then adopted as reported.
Article u was adopted as read:
ART. 10. The privilege Of the writ Of habeas
corpus shall not DO suspended, unless when In
case of rebellion or invasion the public safety
may require it.
Article 10 was adopted as read:
ART. 10. All courts shall be open, and every
person for injury done him in his rights. lands,
goods, person or reputation shall have ade-
administered without denial or unreasonable
delay.
Article IL was adopted as read:
AIT. a. The military shall be IL subordina-
tion to the civil power.
Article Is was read: Ua".. ~5.= .
ART. Is. Tho solo object and only legitimate
end Of government Is to protect the citizen In
The chi oyment Of life. property and the free ex-
ercise Of his faculties 50 long az that exercise
ot Aes ao and when The government assumes
other functions 1t is usupAtion and oppression.
Delegate Knoblock moved tostrike out the
article, which he afterwards withdrew.
Delegate Forman moved to strike out the
words land free exercise of his faculties so
long as that exercise does not interfere with
the like freedom Of Others and insert be-
tween the words ''life" and property" the
word liberty" Adopted.
The article as amended was then adopted.
Article l6 was adopted as read:
ART. 16. This enumeration Of rights shall not
he construed r. deny OF impair other rights of
the ueople not herein expressed.
Delegate Wells moved to reconsider the
vote by which his substitute, providing that |
La all cases, except crimes where the penalty |
is death or Imprisonment, Jury trial shall |
not be necessary, was voted down.
delegate Robertson moved to lay the 7
motion ~ reconsider on the table. Lost-yeas
81 nays So.
The motion to reconsider was then voted
down.
Delegate. George moved to reconsider the
vote by which article 10 was adopted, with a |
view to striking out the words "the right of
speremptory challenge" Laid on the table.
Tie ordinance as amended was then ordered |
% be printed in bill form for a third reading. |
THE SPECIAL ORDER or THE DAY,
being the ordinance reported by the Commit I
tee on General Provisions was taken up
Delegate FormaD, according to previous |
notice, moved to reconsider the vote BY which I
article 8, which provides for the removal of /
the capital TO Baton Rouge, was adopted
He urged that if the article was adopted, the I
capital would be removed without any pro-
vision being made for the reception of the
State officers and the General Assembly.
Delegate Heron moved to lay on the table
the motion TO reconsider. Adopted yeas Ga, I
nays 3ss.
Delegate Blanchard. in accordance with
notice, moved to reconsider the vote
I1y which article 90, relative to the licensing
al lottery eompanies was adopted.
Delegate Robertson hoped the motion
would not prevail The objection to the lot
terry had been on account OF its monopoly fea-
ture. He then read remuneration OF al
monopoly privileges, passed BY the dlrecfors
of the Secretary ot State by the president of
tile COMPANY With this explanation, he