The New Orleans daily Democrat., 1880-04-02
NEW ORLEANS, March 30. 1880.


Representatives:
Your Committee on Ways and Means. to
which was referred
Senate bill No. 148, entitled
An act providing for the funding OF certain
obligations, designating board to fund the
Reports the same favorably, with the fol-
lowing amendments, to wilt:
In section of engrossed bill:
First-Strike out In lines 40, 81, %, % and
"a, page /, the words THAT the Governor,
Lieutenant Governor. two members of the
Senate, and two members OF the House OF
Representatives. to be elected by their respec-
tive bodies" and insert In lieu Thereon the
following words, to wit: THAT the Auditor
OF Public Accounts, the State Treasurer and
the Attorney General of the State OF Louis
iana."
Second-Strike out In lines s. 6, Z, 8, 9, 10
and IL, page 2, the words: Give members Of
said funding board shall constitute a quo
rum, and they shall hold their sessions at the
office of the Governor OF the State. The
Governor shall be er. o6fcio president OF said
board" and insert the following words in lieu
thereof: "Any two members of said funding
board shall constitute quorum. The con-
currence of two members OF said funding
board shall be required to adopt any motion,
resolution or proposition made before said
board, and to make legal any official action
OF said board"
In section of the engrossed BILL strike out
Ill llHtS 10 w ID, DOGil tuCluSlfb ou phGf -, tlU
following words: "It shall be the duty of
said Funding Board, immediately upon re.
ceving from said Board OF Examiners said
warrants, by the exchanged for certificates,
to destroy the same by burning, and also to
80 destroy such warrants as they may have
funded into said bonds, immediately after
funding the same; and said Funding Board
shall cause to be filed In the office OF the
Secretary OF State process verbal OF such
destruction. enumerating and describing all
and fD.h 1INtynr
shall order said process verbal to be published;
prOUided that the face OF the certificates
issued shall state the numbers OF the
warrants for which the certiti ,ates were
glven," and insert In lieu thereof the follow
Ing, at shall be the duty OF said Funding
Board to deposit in the office of ths State
Treasurer all warrants which may come In
to the possession OF said Board under this
act, which shall be preserved In the archives
of his Office by the State Treasurer In the
same manner as the State warrants which
have been paid by the State Treasurer"
In section of the engrossed bill strike out
In lines IA to 20, Inclusive, page 6, the follow
ing words: "And any holder OF warrants feel
ing aggrieved at the action OF the Board Of
Examiners or the Funding Board shall have
the right OF appeal to any court OF competent
jurisdiction, and therein have his rights and
interests determined, and the order OF such
court In such cases made and provided shall
be respected and obeyed."
SECTION 6. Be 1t further enacted, ETC., That
the sum Of s10,0 900, or so III uch thereof rs may
be necessary, Is hereby appropriated out OF
any money In the State treasury not other
wise specially appropriated. to p W all the ex-
panses Of carrying out the requirements OF
this act, which shall be certified to be correct
by the attorney, and shall he paid on the war
rants OF the Auditor OF Public Accounts on the
State Treasurer.
Adopt section 6, the repeating section. as
section z; amend the title to correspond with
the foregoing amendments.
Your committee ln presenting the foregoing
amendments do 80 for the reasons following
to wit:
First-That clause OF the constitutional Or
dinancs for the "relief OF delinquent tax
payers" which refers to this subjrct matter,
reads thus "Be ii further ordai ed, ETC., That
no Auditors warrants shall be taken ds Vdtsd
for the purpose OF nayment OF taxes and
licenses, or for funding, rs heretofore pre-
amined by the Auditor, Treasurer and Attor-
ney General OF the State, aud Endorsed by
them as vulid." This is. q board or special
court to decide upon the validity OF these
warrants, and to certify their validity by ln-
validity is determined and certified, every
thing OF any Importance is done. This
Is the essence OF the whole matter. The
printing, filling out and delivering OF the
"baby" bonds are simply clerical labors: 1t
IL
urer and Attorney General are incompetent
or untrustworthy to perform these ministerial
functions, when they are com petent and trust
worthy to pass final Judgment on the validity
OF these warrants and to issue certificates for
the same, which are required by the cOnstitu-
tion to be received for all delinquent taxes.
The additional board provided by this act is
cumbrous, useless and uncatled for by any
consideration OF public expedlency or econ
Omy.
Second-The decision of the Auditor, Treas
urer and Attorney General upon any warrant
is final as to the Issuance Of certificates re-
ceivable for delinquent taxes and licenses.
No tax collector eau legally refuse to receive
for such taxes and licenses any certificate
issued by those officers. No additional board
can invalidate their certificates and no court
has jurisdiction to annul them. III an addi-
tionat board Ia necessary to again pass upon
the validity OF the warrants for funding pur-
poses, then the warrants, which are valid
enough to be received for taxes and licenses,
are not valid enough to be funded into baby
bonds which can be paid only out OF deiln-
Quent taxes and licenses collected In money
and paid into the State treasury.
No legislation, no process OF reasoning
which leads to such a conclusion, can be
sound.
Third-If an additional Funding Board be
necessary, the present Board OF Liquidation
is the hest. 1t is already well organized,
with sufficient clerical force. The Supreme
OOuIL uhs5 ICCouLAf tubb ~ DUAL OAlouo'
Fourth-The present session of the Genera
Assembly Is 80 near Its close that there will
be no tune or opportunity for either house to
elect the two members Of tho Funding Board
provided by the present bill. The bill must
be passed through the House, where 1t will
undoubtedly be amended In some respects
must be returned to the Senate, and the
amendments there be adopted or conference
committee be appointed; must be enrolled
signed by the Lieut. nant Governor. Speaker
and Governor, and then be promulgated
Legislation on matters Of the very greatest
Importance 1, 30 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 tifth section
This reads very fairly and smoothly, but Ii
Is whitened sepuichre. To want this pro
vision is the paramount obi set OF this bill II
| provides that any holder OF warrants feeling
aggrieved at the action OF the Board Of Ex
aminers or the Funding Board shall have the
right OF appeal to any court OF competent
| jurisdiction, etc This ia to the interest Of tn.
| holders OF several hundred thousand dollars
of warrants which the present Auditor anC
Treasurer have already pronounced to be In