The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-02-25

Absent M esara. Davey, Estopinal. tIagan
Kidd. Nunez 8.
On motion Of Mr.. Demas the Senate took a
recess until o'clock y. III. this day.
After Recess.
The Senate was called to order at 7 40 y
m. by the Hon. W. A. Robertson. President
pro tenn Of the Senate.
On tho call Of the roll. the following named
Senators were present: @.m
Mesars Brian. Burlington. CalhenI Camp
bell. Cunningham. Fonteuot. Foster, Harris
Leahe. Lucas, Huckett. Maraton, Montan
Newton, Mutt. Parlange, Rlard. Robertson
Rogers. Stewart, Settoon. SHINES, Story
| Vance, Walton, Watkins 26.
Absent Mnasra Ably, hnguatln, DaveY, De
mas, EstopiuaI. Hagan. Kidd. Nunez, Pollock
Stcee-10.
SPECIAL ORDER
The hour of 80 o'clock having arrived. the
special order of that hour being tho report ol
the Committee on Elections and accompany.
Ing resolution In the matter Of the contest o
Hon Il. s. Perry against Hon. A. i. Klard
Of the Eleventh Senatorial District. was
taken up.
On motion of Mr. Foster the contestant and
| the contested were permitted TO be hoard II
| person or by counsel on tho floor Of the Sen.
ate.
The Chair stated that the question was the
adoption of tho resolution accompanying the
report Of the committee.
Tho resolution was read.
Reaolred. That A. +. RIard was on the sec
| ond Of December. 1879. and atill Ia Ineligible AZ
a member of the State Senate for want of tho
| actual residence required by article 20 OF the
State constitution.
2. That A. r. Rtard did not. and that II. s.
Perry did. receive a majority OF the legal
votes cast for Senator in the Eleventh Sem
cember 2, 1879 That said A. T. Riard he
declared not entitled to tho seat now held ny
| him. and that said Il. s.. Perry he declared
| the duly elected Senator from said district,
| and that he be seated as such.
The co,lneel for contestant and contested
We're heard here. M=mM
Mr.. Dcmas offered tho following resolution
| as u substitute for the resolution accompany
| ing the report Of the Committee on EIec-
| tions:
Rraofrca. That Hon. A. L. Riard was duly
elected al Senator from tho Eleventh Senate
rial District. and that Senator Riard be- con-
irmed in his seat.
Mr.. Demas demanded tho yeas and nays.
Tho call having been sustained. the roll was
called with tho following result:
Yeas Meesrs. Cahen, Demas. Stewart
Smmes-a.
Nays Messrs. Ably. Augustin, Brian, Buff
tingtoD, Campbell Cunningham Davoy, Fon-
tenot. Foster, Harris, Leake Lucas, Luckett.
| Montan. Marston. Newton. Mutt, Parlange,
KobertsSn RoTsrs Steele, s'ttoop' Story
| Absent Messrs. EstoplHnl, llagan. Kidd.
Nunez, Pollock, Rlard-6.
And the substitute was not agreed to.
| The question recurring on the adoption OF
the resolution reported by the Committee on
| Elections, Mr.. Demas. demanded.the yeas and
nays.
The call having been sustained the roll was
called, with the following result:
| tington, Campbell, Cunningham, Davey,
| Fontenot Foster, Harris, Leake Lucas,
Luckett, Montan, Marston, Newton, Mutt,
Robertson, Rogers. Steele, Settoon. Story,
| Vance, Walton, Watkins-25.
| Nays-Messrs. Cahen, Demas, Stewart
| Simmes Watkins
| Ahsent-Messrs. Estopinal. Hagan, Kidd
| Nunez, Pollock, Riard-6
| And the resolution was adopted.
Mr. Fontenot having given notice that he
would explain his vote when his name was
called, submitted the following reasons.
Mr. Fontenot said:
In my opinion the counsel for contestant
has fully demonstrated that contestee was
Ineligible to this body under article % of the
constitution OF 1879, which article believe
was so framed to cover just such a case as
| Is now under the consideration OF this Senate
With the oath that l have taken before
being admitted to seat In this body fresh
upon my mind, viz:
To support the constitution Of this State
and the constitution of the United States
| feel compelled to vote in favor OF seating
contestant In this case; therefore for this
sole reason vote yes.
Mr. Luckett moved to reconsider the vote
BY which the resolution was adopted, and or
| his own motion the motion to reconsider was
laid on the table.
Mr. Luckett called the attention Of the
| President pro tenn. Of the Senate to the fact
that the Hon. r. S. Perry was present In the
Senate Chamber, and moved that he be sworI
| In as Senator from the Eleventh Senatorial
| District.
i Mr. Perry appeared at the Presidents desh
and took the constitutional oath Of Office.
On motion Of Mr.. Demas the Senate ad
| iourned until tomorrow, Tuesday, at l.
o'clock N.
/ JOHN CLEGG,
Secretary OF the Senate.