The New Orleans daily Democrat., 1880-04-12

queDt taxes and licenses collected In money
and paid into the State treasury.
NO legislation, no process OF reasoning
which leads to such o conclusion, can be
sound.
Third-1f an additional Funding Board be
necessary, the present Board OF Liquidation
is the best. IL is already well organized,
with sufficient clerical force. The Supreme
Court has recently decided that II still exists.
Fourth-Tbe present session OF the General
Assembly is so near its close that there Will
be no time or opportunity for either house to
elect the two members OF the Funding Board
provided by the present bill. The bill must
be passed through the House, where IL will
undoubtedly be amended In some respects ];
must be returned to the Senate, and the
amendments there be adopted or q conference
committees be appointed; must be enrolled
aigned by the Lieutenant Governor, Speaker
and Governor, and then be promulgated.
Legislation on matters OF tho very greatest
Importance is 40 far delayed that. neither
house can spare the time before April 10, 1880,
TO elect the two members of this board.
Fifth-But the greatest Of all the defects In
this bill is the last half Of the fifth section
This reads very fairly and smoothly. but 1t
is q whitened sepulchre To want this pro.
vision is the paramount obiect Of this bill. II
aggrieved at the action of the Board of Ex-
aininers or the Funding Board shall have the
right OF appeal to any court OF competent
Jurisdiction, etc. This is to the interest OF the
holders OF several hundred thousand dollars
Of warrants which the present Auditor and
Treasurer have already pronounced to be In
valid The constitution having specially des-
ignated o tribunal to decide upon the validity
OF outstanding warrants, 1t is not competent
for this Legislature TO designate another.
IL was the manifest intention of the Conati-
tutlonal Convention to strike with nullity
certain warrants which may have been
fraudulently issued or duplicated, and to for
ever destroy their standing In courts: and 1t
ts therefore inexpedient and unoonstitu-
tlonal for the General Assembly to at
tempt TO restore such warrants to o status
from which the constitution excluded them,
and invite holders Of fraudulent and improp
erly issued warrants to go into court. and
under the plea that the warrants have the
seal of the State, the signatures of her officers,
and under the claim that they are third inno-
cent parties, secure the funding Of several
hundred Thousand dollars Of warrants which
the constitution clearly Intended to strike
down.
The expressed appeal to any court of COM
petent jurisdiction is inaccurately used. 1t
does not mean appeal, but means resort to
the courts for maudamus. Your committee
does not believe that any court has jurisdlo-
tlon TO compel by writ OF mandamus, or other
wise. the Auditor, Treasurer and Attorney
General to certify the validity of any warrant
or to Issue a certificate or bond therefor. The
duties of this board are not iD any sense min
isterial. They are exclusively judicial. No
court can mandanus another judicial tribu-
nal to render a Judgment. Ii no court has
such control of this board as to compel 1t to
adiudge any warrant valid. then this pro
viaion is unconstitutional. IF, on the other
hand, such jurisdiction is vested In the courts
of the State. then this provision Of the pres
ent bill Is unnecessarily, because the warrant
holders have their constitutional remedy with
out this additional legislation. The objee-
lion to the adoption of this provision In tnis
bill is that 1t will constitute a legislative In
ytatlon 10 disappointed warrant holders to re-
sort TO litigation, and would lead to such litl
fevise to delay the funding operations.
Your committee are of the opinion that. In
stead OF immediate destruction of the war
ants funded. they should be cancelled and
lied In the treasury in the same manner as
he millions OF dollars of warrants paid by
he State.
The Auditor warrants embody In large
the history of State government |
Ind its warrants evidence transactions that
ire involved In litigation, and are constantly
! matter of reference fer courts and the
,eople.
The warrants In question are almost the |
oe guides or record of the Kellogg admin |
owing to the fact that the books and |
awful record were purlolned. Once can |
elled, they can no more be used than the |
ancelled warrants now In the treasury, and |
heir preservation is, in our opinion, neces- |
ary In the interest of the government and Of |
he people, who should have the benefit Of them |
u public record.
MESSAGE FROM THE SENATE.
The following message was received from
be Senate:
SENATE CHAMBER |
New Orleans. April D. 1850. ! |
% the Speaker and Members Of the House OF
Representatives:
am directed to inform your honorable
ody that the Senate has concurred In
House bill No. 81,
An act to regulate the number of employees
the register of conveyances for the parish
Orleans and to fix their salaries.
House bill No. 50,
An act To fix the salaries of the deputies
Jerks and other employees OF the criminal
heriif for the parish of Orleans.
House bill No. 43.
An act to fix the salaries of the minute and
ther deputy clerks and employees of the
ivil and Criminal District Courts and Court
Appeals for the parish OF Orleans.
An act to amend article 527 of the Code of
racttce.
House bill No. 229,
An act to provide for the appointment of q
lperintendent and other officers and en-
loyees of the New Basin, Canal and Shell
oad; prescribing his duties, fixing his sal
~ aud limiting the expenses of said New
asin. Canal and Shell Road.
House bill No. 233,
An act to amend and re-enact article 696 OF I
le Revised Statutes of the State Of Louisi-
na, relative to telegraph companies.
House bill No. 800,
An act to provide for the postponement OF
le payment of taxes In cases of overflow,
eneral confagration, general destruction of
ops, or other public calamities, rs provided
r in article 212 of the constitution.
With amendments as annexed to the bill.
House bill No. 267,
An act to authorize the police jury to pro-
de for funding the floating and outstanding !
of the parish of East Feliciana;
verify the legality of said Indebtedness !
Id ascertain its amount. and to provide for {
10 payment OF the principal and interest
ereof by special tax for that purpose, and to {
nit the rate Of interest on said Indebtedness.
With amendments as annexed to the bill
JOHN CLEGG,
Secretary of the Senate. ,
REPORT OF COMMITTEE ON ENROLMENT.
Mr.. Mccain, chairman, on behalf OF the
'mmittee on Enrolment, submitted the fol- {
wing report: