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knowing, as I do, that the inevitable result of the diversion of any such considerable portion of school funds as seems to be contemplated must be to drive from the schools hundreds if not thousands of unfortunate youths.

Assured, gentlemen, that you can not be indifferent spectators of the great struggle cause of public education is having with the the enemies of the system, and confident that your attention needs but to be invited to the great injury that will be inflicted on our schools by the diversion of any portion of the school funds, rely on you for the protection of the school revenues of the State.

Respectfully,

WILLIAM G. BROWN, State Superintendent of Public Education. Report on House bills lying over was then the unfinished business.

House bill No. 14, to be entitled an act fixing the compensation of tax collectors parish of Orleans.

Mr. Detiege moved that the bill be taken up section by section.

Mr. Twitchell moved to table.

Two Senators called for the yeas and nays.

The Senate voted to table.

Yeas-Blackburn, Blunt, Brewster, Cage, Crozier, Gla, Grover, Harper, Herwig, Kelly, Kelso, Robertson, Stamps, Steven, Twitchell, Weber, White, Whitney-18.

Nays-Alexander, Allain, Burch, Chadbourn, Detiege, Dumont, Masicot-7.

Absent Anderson, Breaux, Eustis, George, Greene, Landry, Ogden, Pollard, Sypher, Wharton, Young-11.

The President declared that the motion to consider section by section was tabled.

Mr. Whitney made the point of order that the following resolutions, duly adopted, have become rules of the Senate:

Resolved, That the Sergeant-at-Arms of the Senate is hereby directed to purchase lamps, reflecting lights and oil for lighting the Senate Chamber, and to have the same in readiness for use at 7:30 P. M. Monday.

Resolved, That at the night sessions of the Senate the names of the Senators shall be called in the order in which they stand on the roll of the Senate, and each Senator shall be allowed to call up two bills.

And moved to strike out "Monday" and insert "Tuesday."

Adopted.

The resolutions were then adopted as amended.

The name of Mr. Alexander was called. He called up the following:

House bill No. 143, to be entitled an act to repeal an act entitled an act to create the parish of Grant and provide for the organization thereof, approved March 4, 1869, and to abolish the creation of the

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The constitutional rule was suspended by a four-fifths vote, the bill was read the second time, and adopted on second reading.

Mr. Kelso moved that the constitutional rule be suspended.

On call of the yeas and nays the Senate refused, four-fifths not voting therefor:

Yeas-Alexander, Anderson, Blackburn, Blunt, Breaux, Brewster, Cage, Crozier, Dumont, Gla, Greene, Harper, Herwig, Kelso, Masicot, Sypher, Twitchell, Whitney-18.

Nays-Allain, Burch, Chadbourn, Detiege, Grover, Kelly, Landry, Ogden, Robertson, Stamps, Steven, Weber,

White-13.

Absent-Eustis, George, Pollard, Young, Wharton-5.

Mr. Alexander called up House bill No. 63 for his second bill, to be entitled an act to incorporate the town of Bastrop in the parish of Morehouse, and to repeal an act entitled an act to incorporate the town of Bastrop in the parish of Morehouse, approved on the twenty fourth day of February, 1852, and all acts amendatory

thereto.

The bill was read the first time.

The constitutional rule was suspended by a four-fifths vote, and the bill read the second time.

The bill was adopted.

The constitutional rule was suspended by a four-fifths vote, the bill was read the third time and finally adopted, the title to stand.

The name of Mr. Anderson was called, who called up House bill No. 175, to be entitled an act making appropriations for the general expenses of the State for the year 1875, providing for deficiencies existing in appropriations for the year 1874; and for the payment of claims and obligations due by the State of Louisiana prior to the first day of January, 1874; providing for the payment and auditing of said claims and obligations out of the revenues of the years in which said obligations were issued or said claims incurred; providing for and regulating the manner of auditing, warranting and liquidating said claims and obligations, and providing for the receipt of certain warrants in payment of certain taxes due the

State and to provide for the absorption of the following indebtedness.

The bill was read the first time.

The constitutional rule was suspended by a four-fifths vote and the bill was read the second time.

Mr. Wharton, chairman Committee on Finance, submitted the following report as amendments to the bill:

SECTION I.

In lines eighty-two and eighty-three, strike out "five thousand three hundred dollars," and insert "one thousand dollars."

In lines eighty-nine, ninety and ninetyone, strike out "act No. 20 of 1873, twentythree thousand six hundred dollars," and insert "fifteen thousand dollars."

In lines ninety-six and ninety-seven, strike out "twelve hundred and fifty dollars," and insert "one thousand dollars."

In lines 122 and 123, strike out "two thousand dollars," and insert "fifteen hundred dollars."

In lines 125 and 126, strike out "fifteen hundred dollars," and insert "five hundred dollars."

In line 138, strike out "Speaker," and insert "Lieutenant Governor."

Strike out lines 140, 141, 142 and 143, and insert "and public gardener at Baton Rouge, Louisiana, six hundred dollars."

In lines 145 and 146, strike out "forty-five thousand five hundred dollars," and insert "forty eight thousand dollars."

In lines 212 and 213, strike out "fifty thousand" and insert "forty thousand."

In line 218, strike out "three" and insert "one."

In line 219, strike out "six" and insert "two."

In lines 222 and 223, strike out "three" and insert "two."

In line 236, strike out "two" and insert "one."

In line 237, strike out "two thousand dollars" and insert "one thousand dollars."

Strike out lines 242 to 247, inclusive. In lines 251, 252 and 253, strike out "five thousand dollars," and insert "three thousand dollars."

In lines 258 and 259 strike out "three thousand," and'insert "one thousand."

Strike out lines 286 to 289, inclusive. In lines 293 and 294, strike out "twentyfive thousand dollars;" and insert ten thousand dollars."

Strike out lines 295 to 309, inclusive.

In lines 344 and 345, strike out "twentyfive thousand dollars," and insert "five thousand dollars."

In lines 348 and 349 strike out "three thousand six hundred dollars," and insert "six hundred dollars."

Strike out lines 376 to 408, inclusive.

In line 411 strike out "five hundred dollars," and insert "two hundred and fifty dollars."

Strike out lines 417 to 421, inclusive.

In line 435, strike out "six" and insert

"five."

In line 437, strike out the figure "6" and insert the figure "5."

In lines 514 and 515, strike out "five thousand dollars" and insert "twenty-five hundred dollars."

In lines 522 and 523, strike out "five thousand dollars" and insert "twenty five hun. dred dollars."

Strike out lines 527 to 532, inclusive.

After line 536, insert "appropriation for the State Institution for the Blind, at Baton Rouge, Louisiana, eight thousand dollars."

Appropriation to pay the salaries of parish judges, one hundred and thirty-two thousand dollars.

Appropriation for the Agricultural and Mechanical College, ten thousand dollars.

Appropriation for the relief of Mrs. R. H. Chilton, payable on her voucher, approved by the Governor, three thousand five hundred dollars.

Appropriation for the erection of a tomb for the remains of the late Lieutenant Governor O. J. Dunn, payable on a voucher approved by the Governor, two thousand five hundred dollars.

Appropriation to pay B. Bloomfield & Co., or their assigns, for two hundred and fifty copies each of the following works, to wit:

The Civil Code, the Code of Practice, the Revised Statutes of the State of Louisiana, for the use of the State; payable at the rate of ten dollars per copy for said works, upon presentation of the receipt of the Secretary of State for any number of copies of each of said works received by him, not exceeding two hundred and fifty copies of each of said works, seven thousand five hundred dollars.

SECTION II.

Strike out in lines nine and ten "one hundred and twelve thousand dollars" and insert "fifty thousand dollars."

Strike out lines fifteen to eighteen in. clusive.

Strike out lines twenty-four to twentyeight inclusive.

After line thirty-five, in section two, insert "appropriation to board of Insane Asylum ten thousand dollars; appropriation to pay A. and E. B. Talbot for services as counsel for the State, by appointment of the Governor, in the suits of R. O. Hebert, tax collector, vs. E. J. Gay et al., being No. 4573 on the docket of the Supreme Court, payable on their own warrant out of any money in the State treasury to the credit of the general fund for the year 1873, three thousand five hundred dollars."

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Mr. Burch made the point of order that the two minutes allowed for explaining applied to question to be decided by yeas and nays, and the explanation must be made be fore the calling of the roll commenced, but when the main question had been ordered to be now put no debate could be in order. Mr. Anderson, in the chair, decided the point of order well taken.

Mr. Burch moved to take up the bill section by section.

Mr. Wharton moved that the bill be adopted as amended, on second reading, by the Finance Committee.

Mr. Detiege made the point of order that Mr. Burch had the floor when Mr. Wharton made the motion.

The chairman ruled that the motion of Mr. Burch was not seconded, and did not sustain the point of order.

The motion of Mr. Wharton was entertained.

Mr. Crozier called for the previous question.

The main question was demanded, and the motion to adopt the bill as amended by the Finance Committee, on second reading, was adopted on call of the yeas and nays, as follows:

Yeas-Anderson. Allain, Blackburn, Blunt, Brewster, Breaux, Burch, Cage, Crozier, Dumont, Gla, Greene, Harper, Herwig, Kelso, Landry, Masicot, Pollard, Stamps, Twitchell, Weber, Wharton, Whitney-23.

Nays-Alexander, Detiege, Grover, Kelly, Ogden, Robertson, Steven, White, Young-9. Absent-Chadbourn, Eustis, George, Sy

pher-4.

Mr. Wharton moved that the bill be fixed as the special order for to-morrow immediately after reading the minutes.

Adopted.

The name of Mr. Allain was called, who, by permission of the Senate, was allowed to call up his two bills to-morrow.

The name of Mr. Blackburn was called, and he called up the following:

Resolved, That the sum of $100 be paid out of the contingent fund of the Senate to L. B. Blackburn for compensation as clerk of the enrolling committee.

The resolution was taken up and adopted. Mr. Blackburn also called up the following Senate joint resolution, No. 153:

Be it resolved by the House of Representatives of the State of Louisiana in General Assembly convened, That the chairman of the committee to audit and supervise the expenses of the Senate be authorized to pay C. S. Randall $420, for services as clerk on Senate Committee on Public Lands and Levees for the regular session of 1875.

The bill was read the first time.

The constitutional rule was suspended by a four-fifths vote, and the bill was read the second time.

Mr. Blackburn moved that the joint resolution be engrossed.

The Senate refused, on call of the yeas and nays:

Yeas-Blackburn, Breaux, Chadbourn, Crozier, Gla, Greene, Landry, Masicot, Stamps, Weber, Whitney-11.

Nays-Brewster, Burch, Blunt, Cage, Dumont, Grover, Harper, Herwig. Kelly, Ogden, Steven, White-12.

Absent-Alexander, Anderson, Allain, Detiege, Eustis, George, Kelso, Pollard, Robertson, Sypher, Twitchell, Wharton, Young-13.

The name of Mr. Blunt was called, and he called up the following:

House bill No. 21, to be entitled an act transferring the parishes of Red River and Natchitoches from the Seventeenth Judicial District of Louisiana.

Mr. White moved that the bill be laid on the table.

Two Senators called for the yeas and nays:

Yeas-Chadbourn, Grover, Kelly, Robertson, Steven, Sypher, White-7.

Nays-Allain, Blackburn, Blunt, Breaux, Brewster, Burch, Cage, Crozier, Detiege, Dumont, Gla, Greene, Harper, Herwig, Kelso. Landry, Masicot, Pollard, Stamps, Twitchell, Weber, Whitney-22.

Absent-Alexander, Anderson, George, Ogden, Wharton, Young-7. The bill was adopted.

Eustis,

The constitutional rule was suspended by a four-fifths vote, the bill was read the third time and finally adopted, the title to stand. Mr. Blunt also called up the following: House bill No. 164, to be entitled an act to amend and re-enact an act entitled an act to incorporate the city of Natchitoches, and to provide for the government of the same, approved July 5, 1872.

The bill was read the first time.

The coastitutional rule was suspended by a four-fifths vote, the bill read the second tlme.

Mr. Blunt moved to suspend the constitutional rule.

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The bill was adopted.

The constitutional rule was suspended by a four-fifths vote, as follows, on call of the yeas and nays:

Yeas-Anderson, Allain, Blackburn, Blunt, Breaux, Brewster, Burch, Cage, Chadbourn, Crozier, Detiege, Gla, Greene, Harper, Herwig, Kelso, Landry, Masicot, Ogden, Robertson, Stamps, Steven, Sypher, Weber, Whitney, Young-26.

Nays-Grover, Kelly, Pollard, White-4. Absent Alexander, Dumont, Eustis, George, Twitchell, Wharton-6.

The bill was read the third time and passed, and the title adopted.

Mr. Breaux called up the following:

House bill No. 152, to be entitled an act to authorize the police jury of the parish of Pointe Coupee, to issue bonds or promissory notes, and to provide for their payment, and imposing a penalty on persons violating this act.

The bill was read the first time. The constitutional rule was suspended by a four-fifths vote, the bill was read the second time and adopted.

The constitutional rule was suspended by a four-fifths vote, the bill was read the third time, and finally adopted, and its title ordered to stand.

On call of two Senators the Senate went into executive session.

Executive session having been raised, the following Senators answered to their names:

Present-Messrs. Allain, Blunt, Breaux, Blackburn, Brewster, Burch, Cage, Crozier, Chadbourn, Detiege, Dumont, Gla, Greene, Harper, Herwig, Kelly, Kelso, Landry, Masicot, Ogden, Pollard, Stamps, Steven, Twitchell, Weber, White, Whitney, Young

28.

Absent-Messrs. Alexander, Anderson, Eustis, George, Grover, Robertson, Sypher, Wharton-8.

Mr. White, in the chair, announced a quorum present.

Mr. Chadbourn moved to adjourn. Two Senators called for the yeas and nays.

The Senate refused to adjourn by the following vote:

Yeas-Chadbourn, Detiege, Kelly, Ogden, Steven, White-6.

Nays-Allain, Blackburn, Blunt, Burch, Breaux, Brewster, Cage, Crozier, Dumont, Gla, Greene, Harper, Herwig, Kelso, Laudry, Masicot, Pollard, Twitchell, Weber, Whitney, Young-21.

Absent-Alexander, Anderson, Eustis, George, Grover, Robertson, Stamps, Sypher, Wharton-9.

Mr. Brewster's name was called.

Mr. Brewster allowed Mr. Whitney to call up his first bill.

Mr. Whitney called up the following veto message of the Governor:

STATE OF LOUISIANA, Executive Department, New Orleans, March 2, 1875.

To the Honorable Speaker and Members of the House of Representatives:

I return to the House of Representatives, in which it originated, an act prescribing the manner of ascertaining the amount due the Louisiana Levee Company from the State on the first day of October, 1873, and to provide for funding the said debt.

I feel it my duty to veto this bill for the following reasons:

Section one provides "that the standing Committees on Lands and Levees in the Senate and House of Representatives are hereby constituted a joint committee for the purpose of this act, and are hereby directed and required, within ten days from the passage thereof, to ascertain the entire amount due the Louisiana Levee Company from the State of Louisiana for work done up to of October, 1873, after deducting all the first day payments made by the State on account of said work up to date, and the said joint committee shall within ten days make detailed reports in duplicate, one to the Governor of the State and one to the president of the said company; said report to be accompanied by their certificates, stating the exact amount due said Levee Company from the State on the first day of October, 1873; and the said joint committee is hereby continued and authorized to remain in session for a sufficient time after the adjournment of the General Assembly to enable it to make the examination and report herein required."

Section two provides "that should the joint committee, as constituted by the preceding section of this act, fail to perform the duties imposed upon it by this act within the time prescribed therein, the said duties shall be performed immediately thereafter by the commission of persons appointed under act No. 27 of the session of 1871, ratifying and confirming a contract between the State and the Louislana Levee Company, approved February

27, 1871, and the reports and certificates made by said commission of persons shall have the same force and effect as though made by the joint committee herein provided for."

Section three provides "that it shall be the duty of the board of liquidation created by act No. 3 of the session of 1874, approved January 24, 1874, upon the presentation to them of a report and certificate made as prescribed in the preceding sections of this act, and of a demand made in person or in writing by the president of the Louisiana Levee Company, to issue and deliver a sufficient number of the consolidated bonds of the State of Louisiana of the denomination, and descriptions prescribed in the act creating said board of liquidation to cover the indebtedness of the State to said company as ascertained in the manner herein described."

The sections above quoted assume that the Louisiana Levee Company is a creditor of the State, and that its claims against the State can be legally met by the issue of consolidated bonds under the funding law. I am advised that the Supreme Court has expressly decided that the Levee Company is not, and can not be a creditor of the State; that the State has created no debt in favor of that company, and has assumed no responsibility on its account. I am further advised that the terms of act No. 3, approved January 24, 1874, known as the funding bill, and of the constitutional amendments adopted in connection therewith, expressly prohibit the issue of consolidated bonds for any such purpose as that set forth in this act.

Section three of the funding bill provides that the bonds authorized by this act "shall be exchanged by the board of liquidation for all valid outstanding bonds of the State and all valid warrants drawn previous to the passage of this act" (warrants of constitutional officers alone excepted). Section five of the same act provides "that the consolidated bonds herein authorized shall be held and used by said board of liquidation only for the purpose of exchange as aforesaid."

The first amendment to the constitution, adopted at the last election, enacts that "the issue of consolidated bonds anthorized by the General Assembly of the State at its regular session in the year 1874, as aforesaid, is hereby declared to create a valid contract between the State and each and every holder of said bonds, which the State shall by no means and in no wise impair. It seems to me that the adoption of the act now under consideration would impair this contract, the debt which the joint committee of the General Assembly, created by this act, may certify to have been due the Levee Company on the first of October, 1873, and which the funding board upon their certificate are required to fund by the issue of consolidated bonds under act No. 3 of 1874, can not be considered as "valid outstanding bonds of the State, or valid warrants drawn previous to the passage of this act" (i. e., the funding law), inasmuch as up to the present time neither bonds nor warrants have been issued for this

alleged indebtedness, which remains still to be ascertained by the mode prescribed in this bill. It will further be noticed, that while all other State creditors are required by the funding bill to fund their obligations at sixty cents on the dollar, the consolidated bonds to be issued in liquidation of the indebtedness to the Levee Company are to be issued at par, thus placing the company, with this unascertained indebtedness, in a much more advantageous position than the holders of the most sacred bonds of the State. It appears to me that to authorize the funding in this manner of such obligations, amounting, as I am credibly informed they will do, to $1,000,000 or more, would be a greet injustice to the holders of both old and new obligations of the State, and a palpable infringement of the constitutional amendment, which provides distinctly what obligations of the State the new consolidated bonds shall be issued for, and creates a valid contract between the State and each and every holder of said consolidated bonds, which the State is prohibited from impairing. WILLIAM P. KELLOGG, Governor.

Mr. Whitney moved that the bill now finally pass, the veto of the Governor to the contrary notwithstanding.

The President ordered the roll to be called, and stated that all those who desired to pass the bill, the veto to the contray, would vote yea; those to the contrary would vote nay.

Yeas--Allain, Blackburn, Blunt, Breaux, Burch, Cage, Chadbourn, Crozier, Gla, Greene, Harper, Herwig, Kelly, Kelso, Landry, Masicot, Pollard, Stamps, Steven, Twitchell, Weber, Whitney, Young-23.

Nays-Dumont, Grover, Ogden, Robertson, White-5.

Absent-Alexander, Anderson, Brewster, Detiege, Eustis, George, Sypher, Wharton -8.

Before the vote was announced on the Governor's veto of the levee bill, Mr. Brewster, of Ouachita, arose and asked leave to record his vote in the negative.

Whereupon Senator Harper, of Caddo, raised the point of order that the Senator from Ouachita was not within the bar when the question was put by the Chair.

The President decided the point of order well taken.

The President declared that the bill having passed the House, the veto of the Governor to the contrary notwithstanding, by a two-thirds vote, and it now having passed the Senate by a two-thirds vote, the veto of the Governor to the contrary notwithstanding, he then declared the bill had become a law.

Mr. Young moved to adjourn till to-morrow at ten o'clock.

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