The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-04-08

for their estimation shall be p,'insd fdcie thos,
OF the preceding year, IL the business has
been conducted previously by the same par.
ties or by parties to whom they claim to b.
successors. Ii the firm or company be new
and any member or members thereof have
been engaged In q similar business the pre-.
ceding year, said standard Of estimation
| shall be his or their pro rata interest in the
years business, and thereupon shall
be calculated the business of the
new firm. or company, according to
the share therein held by said person or per-
specified be applicable the prima facie es,
| timation shall be Of the lowest grade.
| SEC. 10. That this primd fdcie estimation of
| the basis OF licenses IL to be rectifed upon the
actual results of the business licensed as
developed quarterly In the course of the year
| for which the license issues.
SEQ 16. That the business of the previous
year, as also the actual condition and results
OF business OF the current year, for the pur-
pose OF calculating or rectlfying licenses, will
be ascertained on the sworn statement of the
person or persons In interest, or his or their
duly authorized agent, whenever called on
therefor by the tax collector or officer whose
business 1t shall be to issue licenses; provided
that IL the said officer be not satisfied with
the fairness Of said sworn statement, he shall
traverse the same by rule taken In the dis
trict court OF the place, which rule shall be
tried summarily, whether an answer thereto
be filed or not. On the trial OF said rule the
books and written entries and memorandums
OF said person or persons, firms, companies,
corporations or parties shall be brought into
court and subjected to the inspection and ex-
animation OF the court, the officer who took
the rule and such experts as he may employ
or the court may appoint; provided, that this
inspection shall not be construed as emitting
the defendant to introduce In evidence said
books and documents any more than he
would have been without such inspection;
provided, that no compensation be allowed
said experts. Hrouided also, that the license
shall issue or be rectitied In accordance with
the said sworn statement, Notwithstanding
the prospect or tendency OF the rule, and the
final rectfieation shall be made, as ordered
by the court
SEC. II. That If any business shall be con-
Quoted without a license In cases herein pro-
vlded for the officer whose place 1t is to issue
licenses shall, on motion In the district
court, take q rule on the party or parties do
day. exclusive of legal holidays, after the
service thereof with additional delay as pro-
vlded In the case OF cltations) which may be
tried even out OF term, time and In chambers
why said party or parties shall not be or
dered to cease from further pursuit OF said
business until after having obtained license;
and In case that said rule is made absolute,
every violation of the order of the court shall
be punished as q contempt.
SEC. Is. That Ii any tax collector or officer,
whose business 1t may be to Issue State IL
ceDses. shall, through tncompetency, negli-
gence or fault on his part, fall to enforce the
procuring and rectifying thereof by persons
required to have them, he shall be RESPONSE
bic, on his bond, for all damages to the State
arising therefrom.
Mr.. Harris, rising to a point of order,
claimed that the amendments agreed upon In
the committee of the whole were not before
the House, not having been reported by the
committee of the whole to the House. and
that 1t was necessary to again resolve Into q
committee OF the whole to consider the bill.
The Speaker ruled the point not we'll taken,
and that the consideration of the amend
ments was In order, and that 1t was not
necessary to resolve into a committee of the
whole House.
Mr.. Harris appealed from the decision Of
the Chair.
Mr.. Robertson moved the previous question
on the appeal, which was seconded by the
House.
The question was put "Shall the ruling OF
the Chair be sustained as the decision of the
House? 2"
The roll was called. with the following re-
suit:
Yeas-Messrs. Aitken, Allan, Armstrong,
Atkins, Barry, Bulger, Bulow. Carron,
Cayolle, Cosgrove, Davidson, Deibel. Deve-
mer, Faulkner, Frazier. Gardner, Hathaway,
Heidenhain, Ives, jackson of st. Mary,
Jones, Kavanagh, Landry, Letten, Lucke,
Lyons, Millaudon, Nixon, Morgan, Melon
aid, Ogden OF Bossier, Phillips, Pollard,
S. GIair vsrret Williams nsn Of Terrsb ae
Yell, Young of iberia, Young OF St. Landry
As.
Nays-Messrs. Billlu, Buchanan, Butler.
Cade, billiard, Feazel, Gibson. Golsan, Hall,
toches, Joffrion, Kirk, Kleinpeter, Lancaster,
Legendre, Mahoney, Morel, Munday. Mccain,
Mcdowell, McLeroy, Pearce, Phipps, Pope,
Richardson, Robertson, Shepherd, Talton,
Vaughan, Vincent, VOORHEES,, Weems, Wise
Absent Messrs. Archer, Baskin Grain,
Curley, Franz, Herring, Mccullough, New
som, Strngfellow, Varnado, Williams Of
Morehouse-11.
The ruling OF the chair was sustained.
Mr.. Ogden moved the previous question,
which was seconded by the House.
The main question was put: "Shall the
amendments agreed upon in committee Of
the whole House to House bill No. $50 be
adopted by the HouseP"
The roll was called, with the following re-
suit:
Yeas-Messrs. Aitken, Allan, Armstrong,
Atkins, Barry, Billiu, BuIger, Bulow, Butler,
Gade, Carron, Cayolle, Cosgrove, Davidson,
Deibel, Devereaux, DickersoD, billiard, Du-
denhefer, Essex, Farmer, Faulkner, Frazier,
Gardner, Golsan, Hall, Haney, Harris, Hath
away, Reidenhain, Ives Jackson of st. Mary
Jones, Kavanagh, Kirk, Lancaster, Landry,
Letten, .Lucke, Lyons, Millaudon, Nixon,
Morel, Morgan, Munday, Mccain, Mcdonald,
Ogden OF Bossier, Phillips, Phpps, Pol
lard, Pritchard,, Quinn, Richardson, Roche,
Schneider, Shaiffer, st. Clair, Talton, Verret,
Vincent, Williams OF Terrebonne, Yell, Young
of Iberia
Nays-Messrs. Buchanan, FeazeI, Gibson,
Henry, jackson of Natchitoches Joffrion,
Kleinpeter, Legendre, Mahoney, Mcdowell,
McLeroy, Pearce, Pope, Robertson, Shepherd,
Vaughan, VOORHEES,, Weems, Wise, Young Of
st. Landry-20.
Absent.Messrs. Archer, Baskin, Grain,
Curley Franz, Herring, Mccullough, New
som, StringfeIlow, Varnado. Williams of
Morehouse-11.
The amendments were adopt ed.
Mr.. Ogden moved that the bill be ordered
anorosSad and paSSad tn third reading and