The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-01-14
HOUSE OF RErnEsENrArIvEs.

TUESDAY, January H.
The House was called to order ut t9:t5
p. M, Speaker Ogden In the chair, and
ei9hty-iive members present,
Representative Allan presented to the
House a communication from the attorney
OF the Second judicial District, stating that
there were no charges on file IN hi4 office
against Harry MahGney, the returned MEM
Der from plaluemines. and had not heen
since 1876, when the charges were withdrawn.
On the strength OF this certificate Repre-
sentative Allan asked that Mahoney be
Hwurn In as a member OF the House.
Representative Cosgrove objected. Inc
certificate was not a discharge, and he should
insat that receipt from the parish treas
urer showing that Mahoney was not Indebted
to the School Board, must be presented before
the member should be permitted to take the
oath of office.
"A certificate was then read from the State
Auditor showing that Mahoney had settled
with that office, and then all the papers were
referred TO the Committee ON Elections when
appointed.
Representative Allain presented n memo
rial from Leonhard Roach, claiming TO ne
elected Representative from the parish OF JET
fersun. After some discussion all the papers
I'm the case were sent to tho Committee on
Elections, when appointed.
Representative Butler reported that the
Joint committee had decided to report that
the General Assembly would meet In Joint
session this morning TO count the vote for
Governor and Lieutenant Governor.
A message was received from the Senate
stating that that body was prepared to meet
the House and compile the vote.
Representative Ogden moved that the re-
port Of the Joint committee be adopted and
the Senate informed that the House was pre-
pared To meet the Senate In joint session for
the purpose of counting the vote.
REPRESENTATIVE Farmer objected to the mo-
ton He was opposed to the adoption Of the
report of the committee, because III his opn-
ion IL violated plain provision OF the new
constitution, That instrument distinctly pro-
yided (artiele 59) that the counting Of the re-
turns shall not be made until the first Thurs
day of the session. Mr. Farmer argued AT
length In support Of this position, and con-
tended that 1t was better Ia case or TINS I'M
portance that a delay Of one day should be
made rather than that a doubt should be cast
upon the legality of the proceeding. Where
there was two courses to take-one absolutely
right and the other possibly right and possi-
bly, wrong-he favored that couIse about
which there could be no question.
Representative Allan said that Representa-
tive Young, from Concurdia, was present and
desired 10 be sworn In.
Representative Gibson OF Madison, OBJ
jeeted on the ground that Young was de-
faulter to the State in the sum OF $4,000.
After some discussion, certificate was read
from the parish treasurer Of Concordia set
ting forth that Young had settled In full with
the parish "a treasurer or the school boaru
paying $500 in cash aud the balance with his
bank account In the Freedmen's Savings
Bank.
Representative Gibson said he knew some
thing of this matter and continued MS 90
lection. III the certificate or the parish treas
urer was worth anything, It only went &
show that Young had paid $500 In settlement
of defalcation of $4,000.
Representative jackson, or st. Mary, movec
that Young be allowed to take his seat. Tit
motion was lost, the Republicans voting fol
and the Democrats against it. All the papers
In the case were then sent to the COMMITTEES
on Elections, when appointed.
Representative Heidenhain moved that thu
report Of the joint committee on counting The
vote be recommitted. Lost.
Representative Harris, of De Soto, favored
the adoption OF the report.
Representative Ogden held that the consti
tuition should be interpreted according 30 the
intention of its framers. He was member
OF the committee on schedule OF the Consul
tutionai Convention and knew that the inten
ton was that the vote should be counted a
any time during the first week of the session
and the Governor aud Lieutenant Goyernd
at once indicted into Office. He tharefor'
favored the adoption Of the report OF th'