The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-02-01


OF Terrbunne. Yrl, Young OF Iberia, Young
Of ST. Mary-75
House bin No. 12i Of the session OF 1879
was taken up, N
An net to authorlza the Merchants Mutual
Insurance. Company OF New Orleans to apply.
the amount OF taxes heretofore paid the State
IN eyeeea to the payment ~ any taxes that
are now or may hereafter brcome due. {.
The Executive ines-age In relation to the
hill VILE read rs follows:
EXECUTIVE d. PA rMENT
af IL, Ut Louisiana. \
New Or =. January -. 1870
To tho Speaker nud Members 81 tho House OF
Reuret enatfvt~
f,rnIlpmen- have examined ana taken into
consideration the bill entitled
SAN act to ant hnIiz' the Merchants Mis- *
tlal Insurance. Company OF New Orleans 70
apply the amount uf taXRs heretofore PAID
iha State la exr'ss to the payment OF any
taxes that are now or may hereafter hecon0
And now return IL to the House of Repre-
sentatives, where 1t originated, WITHOUT my
nav. no doubt that the amount mentioned
in this bill IL Justly due. 1t Cannot, however,
be paid In the u,nnnrr proposed. me gen.
oral revenues Of 1879 constitute the basis OF J
tho approprimtion fuf this necessary expenses
for CARRYING on the Stnte for that year. and
should be first applied to the payment OF
those expenses. This Ia hn express eonstitu.
tlonaI i, ulirement. lhla bill PROPOSES thaL
a particular claim OF 1874 ana 1873 De pald
from the revenues of 1879. not from any uuap-
prsprinted balance which might remain lntho
treasury after the necessary expenses nave
been paid, but all MT once and directly by ABB
sorbna II part OF the moneys asalh.. Wnlun
.he general appropriations have Beg made.
and witch are necessarily applicable prtma-
r,ly to the extinRui.hmept OF the debt ana
charges Of 1879. II this claim can be pro-
4 hAts hrIE NJ
d Just claim Of u former year could reasonably
exnect stmtlnr provision to be IN ade Tor him,
and In this way the object OF the constitution
would be Defeated.
Whether this claim be held to be q debt or
q mere return to third person Of money
erroneously received by the State am Of the
opinion that 1T cannot aud should not be met
tn the manner Indicated la this bill.
very fsSpfFfTKnAlNyci1s T. NICHOLAS.
The question WAS put: ..
"Shal the bill pass. the objections OF the
Governor to the contrary notwithstanding"
On this question the yeas and nays were
called, with the following result:
Yeas-N None
Nays-Mesers. Archer, Armstrong, Allan,
Atkins, Atken. Barry. BilIu, buchanan,
Buger. Butler, Grain, Carron. Curey, David
son, BLIZZARD, Deihe. Dudenhefer,. Essex,
Gib4on, Hall, Haney, Harris, Henry, Ives.
jackson of Natchitoches, Jones, Joffrion,
Keinpeter, Kirk, Lancaster, Landry, Le-
gendre, Letten. Lucke, Mahoney, Milaudon,
M M1Sn 0'es MtLsr "s Ns~s "n OGDEN.
Pearce, Phipps. Phillips. Pritchard, Pope
Pollard, Quinn, Richardson. Robertson. Shep-
herd. Schneider, Srngfellow, st. Clair,
Varnado, Vaughan Vincent, VOORHEES,, Wise,
Williams of Morehouse Williams OF Terre-
honne, Yell, Young OF Iberia, Young OF st.
Landry-B
The bill was lost, and tho veto OF the Gov
ernor was sustained.
House bill No. t43 of the session OF 1870,
An act to authorize .he lessees Of the State
to anticipate the payment OF
any amounts that may hereafter become due
to the State for rent of the State Pententiary,
etc,
Was taken up
The message OF the Governor In relation to
the bill was read, as follows:
EXECUTIVE DEPARTMENT., J
State of Lou staDa.
New Orleans. January =. 1880.
To the Speaker and Members OF the House Of
Representatives.:
Gentlemen-I herewith return without my
approval bill originated In the House OF
at the last session OF the
General Assembly, entitled
"An act to authoriz, the le5sees OF the State
to anticipate the payment OF
any amounts now owing or that may here
after become due to the State for rent OF the
State Penitenttary, and to authorize tho
Treasurer to receive In the payment OF said
rents the sworn certificates OF the board OF
control Issued under section 6 Of the lease,
and other obllg ,tions OF the State"
The lessees OF the State Penitentiary are
heavily Indebted to the State for rent, which
will become due under the contract for many
years In the future. This bill proposes to
permit this particular debtor to pay the In
both present and future, In Obli-
cations OF the State without reference what
ever to correspondence OF dates of the OBJ
legations to be- paid with those through which
payment Of the same Is to be effected, or, to
state the proposition In another form, to au-
thorize the payment In full Of certain war;
rants to tho holder OF the same by means
substantially and practically OF compensation
OF one claim against another INDEPENDENTLY
OF dates as above mentioned. This should
not be done. The debtor should pay his
debt, and come Ia eqnitably on the same foot
ing with other holders of warrants from the
fund when passed into the treasury. Itmaybe
true that prior to any appropriations being
made on the faith OF q contract payably by
in the future, 1t Is Within the
power OF the Legislature to modify the
contract, and convert it into one payable at
present. 1t may be true that ut the incep-
tfon OF this contract the State might without
that article of the constitution
which makes each years revenues first APP
plcable to the expenses Of that year, have
made the rent payable In warrants OF any
date, 50 that no money should be actually re-
ceived In the treasury. Again, for the reason
that under such circumstances no legislative
action as to appropriations for special years
would have been predc tted on the respective
OF the rent tnstallnents The
present case does not present the features
have supposed. 1t ID that OF Il contract ac-
tually closed years ago with the rent paya-
bic In annual insialnents, many OF them
now past due. The clear original intent OF
both parties was that payment should be
made actually in money at stated intervals.
The value OF the lease was by COM
mon consent based and fixed on that
IT would be wrong to per-
NIT now modification OF the contract au-
payment in full in warrants OF past
years Of little value. II any modification
could be legally made 1t should at the least
have been confined to advancing the mature
ties Of the future stallments to the present
lE7lI and haI lZiIlN u In