The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-01-31
LEGISLATURE OF LOUISIANA.
THE RRSAT
FnrpAY. January II. 1881

Tho Senate assembled punotutlly Mt noon
under tho Presidency Of Lieut.. Gov. MoEnery
Thirtystwo SewHtors preaent-a quorum.
Tho reading of tho journal was dispensed
with
On motion OF Senator Robertson tho speoIa
order OF the day was postponed until after the
reading of the eai endar.
Senator Watkins. from tho Judi larry Com
mitee, reported unfavoraby on concurrent
rea olution providing for tho revision and mod
ncation of the Revised Statutes to conform
them to the constitution.
Favorahly. with amendments on Senate bill
No o. relative TO net No liz Of ts77,
Il Unftv0raby on Senate bill NJ. IL. to amNnd
AMI re-snaGt section 2@l ef tho Revised Stht-
utes.
WILLS INTRODUCED.
Py Penator Rogers Senate bill No. AZ. making
II tho duty W IL datriet Rttorn' of the parish
of0tlannR TO conduct tho prosecution OF crimes
punis hnhle by Il tath or imgrlsonmant ht hard
lahlr for life before the Criminal District Court
BY senator Newton -senase bill No. %, rela.
tive ~ article 3.b Of the Codoof Praeiee
| BY Senator Dtvsy-Senate bin No. IT. dehn-
ipR the dutiea Of eoroneTa.
BY Senator BlttinK Relative to tho com
mtssoners nppointodto iepaiF tho State House
By senpo, a,e,lo-.A resolution authorizing
tho Auditing GommIttee 20 provide for fuel,
| luton was adopted.
| REGULAR ORDER.
/ A resolution fixing tho number and oompen-
| s4tion Of he employees Of tho 5ennts, reported
| by substitute, Wis taken III.
| On motion of senator Davey tha substitute
was amended by nereasing tho daily eompen-
altinn of The uorterS of the Senate from 81 80
10 81 7b Aud tho substitute was adopted as
am nded.
SECOND READINGS.
| Renate hill No declaring the charter OF
Franklin College farfeted ete. Hofer red to the
/ g ,mmittae on Corporations.
Senate Bill No 30, relative to tho removll Of
property the nr, jndice Of fprivileged creditors
kelerred 10 the judiciary Oammntee
Senate hill No. 40, to rea ius tho state Land
Once. Referred to the Commtttee on Agricul-
ssnate bill No At, to amend and re. enact ar
II lns ol3 aud olt Of tho Code Of Practice. With
senator Pollock. from tho Cpmmittee on
PIN ing. by consent. rep 9rted a bill providing
| for public PRINTER
| Tha bill WAS ordered printed.
4 senator Augustn. from tho 9 C'mmtttee on
hIIittf. by consent oHeret reeniutlon proy1d.
annual report. provided tho same should not
THIRD READING.
\ Senate bill No a. relieving the Attorney Gem
er il from the prpsec tion Of criminal eases Ia
! Now Orleans. reported by substitute. was taken
u aud On aed finally.
Seume hill No. ~. to amend and re.enact
see N 632 Of the kevised Statutes. was taken
i up and also pgaa d finally
HOUSE Willis ON SECOND READING.
| House bill No 80. making appropriations to
/ defrny tho ~ xpsnses OF the q moral Assembly.
Senator Kidd moved to refer the bill H. the
| Auditing Commttap the senator remark ing
that he understood that the fund from which
tha auproprinttons were TO DO paid WIS now
locked by litigation. AMI that Il might be D. ces-
stry for the committee to report on tho bill by
substitute The motion prevailed.
! Senator Estoptnai was granted two days
| leave of nb4tner. Senator Parlange ono day
and Senator Chhan until Tuesday.
BPECtAL ORDER OF TUE DAY.
fTN,.. .nfl
testing tho semi of soma Or Davidson th9puo-
lcanl Or the Fourtaenth Senntorhl District.
wls takon VI aud gusa on tho part OF Soma
Tor Dlvi Icon hv Col Gns A. Brehnx aud for
Mr.. Montan by Hon. David NJ Barr W.
Tho contestant having waived the bp right to
the hs Col BieauS a 'o to
| dp 80. The main points made In favor
Of senator Davidson were that the con
test based it's claims n teehuiealtlee David
aon had certainly received minority OF the
votes rs shown by the returns. of the four,
Ihery,lls. ID which the contested polls were sit-
uated. aud 80 II must remain unit 1t could os
snown thatb suftl lent number Of votes had
| heen cnst Illegally. The main Question Was
who her the polls sought o be- thrown out had
heen ilxed by ths police Jury within the mean
Ing Of tho stututes. 1t was eoncedei that the
police Jury had fntled 10 pr0yidsior tho location
Of tho precincts bat 1t was argued that tho law
limiting the time for such liking was $ imp
| Tia the votes had been fraudul ntly Gust.
i For Mr.. Monthn. his counsel maj tntatn ned That
the laws Oh the subject were positively manna-
tory an prohihitory;, TINT not only had the
police jury OF Ibervlle ftted TO comply with
the law In locating the polfa at tho proper ttms.
but that they had faied also to divide certain
wards &, ographie lily ms required by the
statnteB: md. besides. TINT when they did Tx
tae places 0f voting they did so Mt special
meeting Of the police Jury, which had taE on
pac5 seven miles from thetoWn OF Ptaalemine
nhe county scat OF the parlshl In violation OF
Senator Foster (Democrat3 after counsel for
each purity had argued his case. took the floor
to oppose the mHI Drtty report. Whteh unaeat8
Senator Davidson He did SO with reluctance:
he said but having in view the importance OF
ha right of franchise. The police lnry. he
thought wrra nnthoriz d to lndicafe i the ioea-
vded hy The statutes. II could not admit that
voters could be deprived Of their right OF fran
locate polls within certain specified time. Il
such n thing could be- admitted then although
every man In parish might vote @ ut an slsc. &C.
ttol the expression of their Will could he, be
| vitIated by the neglect or refusal OF fhs police
Jury to com ly with a teehntcality. In his otiu-
ion The law WIS so plainly dirtctory that 4 a a
| cate polls IA indicaSrd In the law, tho voters
of the lpc would have perfect 4 right to 10
m ct on the day of hs electin and cast tnelr
votes which would have to be counted.
senator cunningham. on behalf OF the O. ma, f,,s
rfy fayor y u 1n seaing M Montan. After recitog
the law and the acts Of he polio jury IN the maj,
ter he argued that the law was mandatory ana
prohibItory and thatlto TAX any other view ofthe
| Inv would be to admit that "A police Jury could
chang the location Of polls within Fix hours
a. " ii as within five or six weeks OF an election,
| a. they had done In this case.
In fsc tho question. alter all the argu-
ments had been made. seemed to have been
| narrowed down to whether the law requiring
| tnat the polls shond have boen fixed six mon rs
before the general election was mandatory or
| simply directory.
On motion of Senator Luekett the mfnoritys
| res oiution to sustain Senator Davlds u In MS
seat was laid on the table. and the majority
| r, solution In favor Of Mr.. Montsn was taken un.
motion to adopt the majority report was;
however lost By vote OF Is yeas to is nays ana
| the Senate went into eXecuiv Session.
After executive session the contested aleclon
case was reeommitted. TO the Committee on on
charges of frauds committed In the parish Of
Ibaryiile.
senate bill No 49, to create Bureau OF immf-
grafton was taken up. but befora action cou d
be taken on the bill. and owing to tho lafeness
Of the hour the Senate adjourned until Satur-
day at noon Sena,e bill No 10 will, therefore.
come up as unfinished business.