The weekly Thibodaux sentinel and journal of the 8th Senatorial District. [volume] (Thibodaux, Lna. [i.e. La.]) 1875-1898, 1883-08-04

the Governor, in exercising the power
conferred ON him by said act, bound
the State 30 long as he confined him
self to the powers delegated to him by
said act. The only restrictions to the
authority given the Governor by Act
No. % OF 1880 are to b. found in these
words provided, that the State shall
incur no cOst or expense in the prosecu'
ton Of :he said claims other than an al
lowa"ce to be- made by the Governor
ont Of the lands, money or scrip that
may be recovered The next part Of
the <ame section saye that "the Cover
nor is especially authorized to make
all agreements aud contracts to carry
out the pur>Oses Of this act" there
fore. hold that Gov. Wiltz had full an
th"rity t" fix the amount Of compensa
ton subject to ,hePimitation that the al
lowancc to McEnery should he paid
out Of the lands, scrip or money recover
ed.
On examination If the contract made
by Gov. Wilt with John McEnery. at
.orney-nt-l law, l find the following
stipnlatiOns
1.-THE State "f iO"i>iana. on her part,
agrees to pay tn said John McE.ery 50
per cent of the lands. money or scrip
recovered to be paid AZ provided in
Act No. 3d."
As the act requires the payment to
be made out of the lands. scrip or moi
ey recovered. it follows that the land
scri ; car only be laid on the land re-
covered under this contract.
I find in said contract the further
clause:
"Where lands in kind are recovered
the compensation aforesaid If said
McEnery shall be paid in scrip or certi
ficates to be issued by the Register Of
the Lard Office Of the State, located I'D
on any landa owned by the State"
l am Of the opinion that the agree.
ment which directs the location of the
scrip or certificates must he construed
by the above clause and the act of the
Legislature, and means any land Of the
State recovered by the said McEnery.
II this Interpretation of the contract il
not adopted. then that part of it which
authorizes it to be located on other
land than that recovered should be con
sidered as forming part Of the contract ;
because the Governor was prohibited
from making such stipulation, and it
therefore, made without authority.
In reference to your inquiry as to
whether it is lawful to issue scrip as
compensation and receive the same in
payment for lands, / answer that Act
No. %. conferred upon the Governor
the authority t" make all agreements
aud contracts that We're necessary to
carry out the purposes Of Act No. %.
with the sole limitation that the State
should pay out nothing except out Of
what she received.
Gov. Wilt had. therefore, under
this act. the authority 10 make and did
make the contract with John McEnery
tn pay him for services rendered iu
scrip or cetifcate issued by the Regis
tea Of the Land Office. to b. located on
lands owned by the State. conditioned
as fixed in Act No. %.
My answer. therefore, is that it is
lawful for the Register to issue scrip
as compensation for land, scrip or non
ey received by John McEnery for the
State. and receive the same in payment
for any land owned by the State and re-
covered by him.
Ihave examined the rules regarding
land scrip, "No. /. Original dated
Estate Land Office, Baton Rouge, July,
5, 1883" and find nothing in them that
violotes Act No. % Of 1880, or the con
tract made hereunder.
Respectfully,
j. q. Egan, Attorney General.