The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-04-01


Annual Rep. 143.
Mr.. Justice Field, of the Supreme Court of
the United States, In Toaf vs.. Martin. ID Wal
lace Rep, .. 40, said 4 "rhe term insolvency
Is not always used In the same sense, 1t is
sometimes used to denote tho insutliciency of
the entire property and assets of an indivt-
dual to pay his debts. This Is It's general
and It's popular meaning. But 1t Is also used
In q more restricted sense to express the in
ability of q party to pay his debts as they
become due In the ordinary course OF bust
| ness" Ia which sense Is the word insolvency
| used In the act? In Its enlarged and popular
| meaning or In It's limited and restricted
sense? This the act does not disclose. The
| term insolvency as used In the act being In
determIData and uncertain prompts me after
grave consideration to withhold my approval.
| Third-The same reasons apply with more
cogencv to the second part of the act max ng
| 1t an offense to receive deposits or create
d4bts, the bank being In failing circum-
stances" The expression failing circum-
stances" is entirely too vague and indetinite,
| and is without any detiOitipn at common law
or by any statute of this State, and Its mean-
| ing is not fixed or determined by the act OF
| under consideration.
| Very respectfully,
LOUIS A. WILTZ. Governor.
On motion OF Mr.. Heidenhain consideration
OF the above message was postponed until
| Tuesday next, and made the special order OF
the day for that day at ~ o'clock m.
| EXECUTIVE DEPARTMENT.
state of Louisiana.
| NewOrl ans, March %. 1880.
To the Speaker and Members of the House OF
Representatives:
| / return to your honorable body Without
my signature
| House bill No. 153, entitled
| An act to extend the prescription OF debts
due the Poydras fund OF the parish OF West
Baton Rouge to the term of thirty years.
| This act is In my opinion, vioative OF arti-
| Gle 46 of the constitution, prohibtory OF local
or special legislation In certain cases. Arti-
| Gle 46 provides:
"rhe General Assembly shall not pass any
| local or special law on the following specified
objects Granting to any corporation, aeso-
citation or individual any special exclusive
| right. privilege or i'm muDity.'
| This is O. positive and absolute prohibition
| directed to the Legislature from granting
any special or exclusive right, privilege or
immunity to any corporation. association or
| individual.
The extension or enlargement of the time
| necessary to prescribe a debt due to any par
| ticular person or persons, association or cor
poration, which enlarges or cuTtalls the
period OF time determined by the general
laws of the State and the statutes governing
prescription, is an immunity or privilege
enjoyed by particular individual, associa-
ton or corporation, the grant of which is not
possible under the constitution.
Very respectfully,
|
Mr.. Heldenhain moved to postpone the
consideration of the bill until tomorrow, i'm
mediately after the House should finish Its
consideration of the veto message on House
bill No. 121.
The motion was not agreed to.
On motion OF Mr. Henry the consideration
of the veto message was postponed until
Thursday, and made the special order OF the
day for that day at o'clock p. IN.
| EXECUTIVE DEPARTMENT, J
| State of Louisiana.
| New Orleans. March 30. 1880.
| To the Speaker and Members of the House Of
| Representatives.:
| l have the honor to inform you that have
| this day approved and signed House bills"
| of the following titles, to wit
| House bill No. 1870.
| An act defining certain mfsdem eanors aris-
Ing out Of cruelty to domestic or domestcated
animals and prescribing the punishment
therefor.
House bill No. 80,
| An act to organize the city courts In the
city of New Orleans, to regulate the territorial
! Jurisdiction thereof and proceedings therein,
and to fix the salaries of its judges.
| House bill No. 1872,
An act for the relief of securities on official
bonds In all cases where good and sufficient
cause is shown, and authorizing courts to
require new bonds.
House bill No. AZ,
An act to provide for the payment Of the
salaries OF the deputy and minute clerks,
shorthand reporters and other employees OF
the Civil and Criminal District Courts and
Court OF Appeals OF the parish or Orleans.
House bill No. 80,
ter OF the bonds and qualifications Of the
sureties to be furnished by the clerks of the
Civil and Criminal District Courts for the par
ish Of Orleans.
| House bill No. ia,
An act to provide for the payment of j. II.
Cosgrove, Printer of the Constitutional Con
vention OF 1879, OF the balance due MIN for
work done for the convention prior to and
after the adjournment of the same, and max
| ing an appropriation therefor.
House bill No. 49,
An act ordering and requiring parish or
municipal corporations In this State to receive
! for taxes and licenses due any parish or mu-
nicpal corporations prior to January /, 1879,
| all valid warrants, scrip or evidences of in
debtedness OF said parish or municipal cor
| pOratiOns.
House bill No 15l,
| Joint Resolution requesting our Senators
and Representatives In Congress to use their
best endeavors to secure the passage OF a'bil
to appropriate 1926, 900 for the purpose OF clean
| ing out and deepening the channels of Bayou
Terrebonne, Grand GALLON, Little GALLON and
Bayou Black
| Very respectfully,
LOUIS A. WILT. Governor.
NOTICES OF BILLS.
Mr. Wise gave notice that at some future
1ay he would Introduce an act for the relief
Of Emily ]. Oliver, surviving wife OF Andrew
J. Oliver, and their minor children.
Mr.. Billiu gave notice of intention to intro
duce at future day an act to relieve the
heirs Of confiscated property from all taxes
duo thereOn according to article 81 of the con-
stttution.
REPORTS OF COMMITTEES.
| Mr. Butler, chairman, on behalf OF the
Committee on Public Education, reported as
| follows:
To the Speaker and Members of the House of
| Representatives.
| Your Committee on Public Education beg
| to submit that they have carefully examined
Senate bill No. 1906 substitute for Senate bill
| No. 60, and report the same favorably and
recommend that 1t do pass.
& j. BUTLER. Chairman