St. Landry democrat. (Opelousas, La.) 1878-1894, 1883-08-04
Register 1obdeErs New Rules.
n. O. Picayune.


office, and approved by the Governor,
will be received as evidence of the prac-
tical and wholesome power of earnest,
vigilant and pubiic-spirited journalism.
They embody reforms which We're long
needed, and which were stubbornly re-
sisted until they were virtually compell-
ed by the pressure OF an, overwhelming
popular demands. That demand was
the direct and evident result Of disclos-
ure and discussion through the press.
We venture to assert that no man ac-
quainted with the history Of the Land
Office for the last two years has the
slightest idea that the changes now in
stituted by Register Lobdell would ever
have gone into effect but for the agita
ton OF the subject begun by the Plea
yune and continued by other journals
devoted to the interests OF the State
rather thanto the defense OF the Admin
istration.
When the matter was first preached
the Governor disclaimed responsibility,
and intimated that no relief could be
had except through the tortuous pro-
cesses OF judicial procedure. g came
into my office" he said in his published
letter, :. in October, 1881, when the con-
tract was not only in existence but ex-
ecuted. had not as Governor the jul
dicial power to set aside this contract
any more than to set aside. any other
contract made by the Governor. This
would be a stretch Of arbitrary power
which could find no warrant in law, and
if I could exercise such power in this
instance l might go further and say
that certain bonds or other obligations
Of the State were null and void, because
the formalities OF the law had not been
complied with. This is ajudicial ques7
ton, and it has passed beyond thepower
Of the Governor to determine" @
The position which the Picayune as
suned at the time was that the Gov
ernor was not bound by a contract
made in manifest violation of the law.
We held that it was his duty to treat
whatever was illegal inGthe McEnery
land contract as a nnllity, and to throw
the onns OF litigation upon. those who
might seek to question his right to do
so. If he had done so he would only
have begun where now he finds him.
self after all. He has found it necessary
to appoint new Register. and to APP
prove that Registers new rules. He
has had to reconsider his original def
milton Of the extent of his own power
and responsibility in the premises.
One of the main points at issue was
whether for the recovery OF specific
lands scrip could be lawfully issued, to
the agent Of the State, locatable upon
any lands belonging to the, State. We
denied that such scrip could be issued,
and we supported our denial by citing
the proviso in the act under which the
contract was made: :" provided that the
State shall incur no cost or expense in
the prosecution Of said claim, other than
allowance made by the Governor out of
the lands, money or scrip that may be
recouered.n The Governor took the
other side of the contention, and
pleaded, in behalf OF the practice of the
Land Office, the terms of the written
contract: ''Where lands in kind are
recovered the compensation aforesaid
of said McEnery shall be paid in scrip
or certificates to be issued by the Regis
ter of tie Land Office OF the State, locat-
ed upon arg lands ouned by the State.7
That was the contract, the Governor
said, and the State would have to abide
by it, hard though it might be, until the
courts had decided otherwise.
But the courts have not decided 9TH
,erwise, and yet it seems that the State
will not have to abide by that contract.
What has led to this change in the Gov
ernor's conception of the case9 The At
toIney General has been consulted and
he has said, what was plain to every
body from the first, that the contract
must be interpreted in conformity with
the law under which it was made. The
Governor himself could never have
doubted that he only claimed that it
was not for him to interpret the con-
tract, but for the judiciary. Now, how
ever, there is, no longer any question
as to the quarter whence the interpreta-
ton must come. The Representatives.
in his rules that the agent cannot receive
scrip locatable upon other lands than
those he RECEIVERS. And the Governor
approves those relies! If this change is
Attributable solely to the Attorney, Gen
erals opinion, and if the Attorney Gen
eral was bound to silence until consult
ed, why in the name o. common sense
was lie not consulted long ago?
But the reforms now instituted do not