The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-01-24

THE President Of the Senate In the chair.l
Mr.. Harding moved, as . substitute for th
motion to recommit, that further considera
tion OF the bill ct this time be dispensed with
and the bill be made the special order OF th
day for tomorrow at O'Clock .. m.
Mr.. Ellis moved 10 lay that motion on TIL
table, and. by q rising vote Of 90 yeas to
nays. the motion TO lay on the table prevailed
Thequestion required on the motion to re
commit the bill TO the Committee on Rail
roads,
Which motion prevailed
REPORT OF COMMITTEES
Mr.. Stamps. In accordance with notice giver
yesterday submitted the following minority
report Of the Committee on Elections, which
was received:
TO .the, Honorable President and Members o.
The minority OF your Committee on Elec
lions and Qualifications, to whom was re-
ferred the contested election case OF r. +
Guichard vs. Will Steven, beg leave to sub
init the following report:
/. It Is claimed by contestant that gross ir.
Irregularities were practised in the conduct Of
the returns OF polls and 2 In the eighth ward
and polls /, and 3 OF the ninth ward. parish
Of Orleans, and that In the parish OF st. Ber-
nard the registration officer caused the omls-
sion from the poll llst Of seventy or more
voters who intended and offered to vote fof
contestant, Mr.. Gulchard, and that similar
violation Of law occurred In Plaquemines par
ish, whereby the contestant lost large num-
Der OF votes which he would otherwise have
received. It seems that the majority re-
turned for Mr.. VIII Steven is only fifty-one
t<fa usxA 4
twenty Ave t5625) ballots polled, and that these
irregularities are a matter Of public notoriety
and great scandal throughout the First
Senatorial District.
3. The majority OF the committee have re-
fused to 60 into the merits of the contest ON
account 81 the failure Of Mr.. Guichard, the
contestant, In not having filed or presented TO
Mr.. Steven q statement OF tho grounds Of
contest, which the statute provides should be
done within thirty days after the election !;
but az the Secretary Of State did not make
the PRONUNCIATION until the twenty ninth day
after the election, which PRONUNCIATION did
not come to the notice Of the contestant, Mr..
Guichard, until after the thirtieth day, we
think that the strict provision Of the statute
should not be enforced.
your honorable body. that by closing the door
to an investigation OF the facts In the case,
upon a mere technicality, by way OF ex-
ception. would leave q grave doubt In the
public mind as to the true result Of the cleo
TON PIE and would not be an , ample Justification
4. The section 1431) OF the law ia merely di-
rectory, and the senate has, notwithstanding,
ample power to relax the provisions of that
section; nor could any law be passed by one
Legislature to prevent the inquiry at any time
by this body into the qualifications or manner
OF election Of any Of It's members; and the
truth should be known, and the mere barring
Of an Inquiry carries with 1t the inference
that an investigation is necessary.
The minority respectfully recommend that
that the committee be directed to proceed to
an investigation into the facts Of the case.
4. j. T. B B RAASf.
For the reasons assigned In the third and
fourth. grounds l hereby agree with the mi
nOrity's report
o. DELAHOUSsAYE. JR.
WITHDRAWAL OF PAPERS.
Mr.. Zacharie moved that the petition Of
Joseph Llulla, together with the claims and
documents now on the flies Of
documents returned by the Committee on
Claims OF the session Of 1878, be withdrawn
and referred to the Committee on Claims now
existing.
The motion prevailed and the papers were
20 referred.
On motion Of Mr.. Zaeharie, chairman OF the
Committee on Claims, the rules were sus-
pended, and he submitted at this time the
report, which was received:
REPORTS or COMMITTEES.
70 the Honorable President and Members Of
the Senate:
Your Committee on Claims, to whom was
referred
Senate bill No. 6e. entitled
heirs Of Eraste Mouton, deceased Judge Of the
Judicial District"
Report favorably thereon, with the follow
Ing amendment:
In line strike out the words five thou
sand. !" and insert In lieu thereof the words
twenty-five hundred"
And your committee recommend the pass
age Of the bill thus amended.
ALI OF which Is respectfully submitted.
F. 9. ZACHARIE,
Chairman Committee on Claims,
On motion Of Mr.. Zacharie the rules were
In order to consider the report and
bill at this time.
Senate bill No. 66, contained In the report,
Was taken up and the amendment offered by
he committee was adopted, and the bill read
| second time.
Mr.. Zacharie moved that the bill be taken
as engrosed and passed to Its third reading.
Mr.. Garland demanded the yeas and nays.
The roll being called, resulted az follows:
Teas-Messrs Bryant, Cage, Cahen, Della
loussaye, ella, Harding, Harper, Kelly, Lam
Try, .Merkel, Sandiford, Stamps, Steven, SUIT
on WALES, Wheeler, Zacharie-17.
Nays-M essrs. Breaux, Benners, Bowden,
DeBouchel, Ducros, Fontenot, Garland, Her.
on, Kenner, Mitchell, Norwood, Perkins,
Richardson, Scanland, Stubbs, Texada, Will
iamS-17.
Absent essrs. Ellis, Wells--2.
The President Of the Senate voted yea, and
he motion to take the bill as engfossed pre-
vailed.
The constitutional rule being suspended by
! four-fifths affirmative vote of the Senate,
he bill was read a third time and finally
,assed, and its title adopted, and the bill was
'rdered to be sent to the House for concur
ence.
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