USA > Louisiana > Louisiana; comprising sketches of counties, towns, events, institutions, and persons, Volume I > Part 64
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Heard, William Wright, governor of Louisiana from 1900 to 1904.
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was born in 1853, and was reared on his father's farm in the northern part of Louisiana. His parents, who came to Louisiana from Georgia, had five sons and two daughters. When the Civil war broke out in 1861, all the Heard boys who were old enough to bear arms entered the Confederate service. As William was not old enough to join the army, he stayed at home and aided in the support of the family. After the war he attended school at Farmer- ville, the seat of Union parish, where he received his academic education. In 1876 he was elected clerk of the district court and after the expiration of his term he remained in the office as deputy, being connected with it in various capacities until 1892. In 1884 he was elected to the lower branch of the state legislature, and subsequently to the state senate. He attracted considerable atten- tion as a senator by his intelligent and courageous opposition to the Louisiana lottery company when it was seeking a renewal of its charter, and the prominence thus gained led to his being elected auditor of public accounts in 1892. Four years later he was re- elected auditor, and in 1900 was nominated by the Democratic party for governor. He was elected by a large majority and was inaugurated on May 21. Gov. Heard became a member of the Baptist church in 1870, and was for some years president of the Baptist state convention.
Heard's Administration .- Gov. Heard was elected on April 12, 1900, the legislature was convened in regular session on May 14, and on the 21st he was inaugurated, Lieut .- Gov. Estopinal taking the oath of office at the same time. Several important acts were passed during this session of the general assembly. On July 6 the governor approved an act directing the general assembly to assume, on behalf of the state, control of the state penitentiary and pro- vide for the employment of the convicts under state supervision, the act to go into effect on March 1, 1901. at the expiration of the contractor's lease. This was in accordance with the provisions of the constitution of 1898. (See Penitentiary.) An appropriation of $200,000 was made to carry out the provisions of the act. and during the first year it was in force the income from the convict farms, etc., was $180,000, while the mortality among the convicts was reduced nearly 50 per cent, thus showing the wisdom of such legislation. Another act of the same date provided that any bank operating under the laws of the state, in declaring dividends, must carry over as a surplus at least 10 per cent of the net profits that may have accrued since the last previous dividend, and that this method must be continued until such surplus equals 20 per cent of the capital stock of the bank, which surplus must not be with- drawn or impaired in any way. The effect of this act has been to create confidence in the Louisiana state banks and to place these institutions on a sound financial basis, with a reserve fund large enough to meet any ordinary contingency.
On July 11. 1900, Gov. Heard approved an act permitting mu- nicipal corporations to expropriate gas, electric light and water works plants belonging to private owners. By the provisions of
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the act, when the municipal authorities cannot reach an agreement with the owner they may apply by petition to the judge of the district court, who shall order the clerk to notify the owner to ap- point six commissioners, property owners and residents of the parish, to examine and determine the value of the property and make a report within 15 days. When the report of the com- missioners has been filed with the clerk that officer shall then cause the sheriff to notify both parties, directing them to show cause why the commissioners' report should not be approved by the court. Objections on the part of either the owner or the mu- nicipality may be heard in court, and either party has the right of an appeal to the supreme court, though such appeal shall not suspend the judgment of the district court, the payment of the amount, or the deposit thereof in the hands of the sheriff, giv- ing the municipal authorities possession of the plant until the ap- peal may be decided against them. In all such expropriation pro- ceedings the rights of mortgagees and other creditors are protected. This act has been criticized as "socialistic," etc., but there is no doubt that it has served to protect some of the smaller cities of the state against poor service and extortionate prices by private concerns.
The day following the passage and approval of this act the general assembly adopted the magnolia flower as the state flower, certainly a most appropriate selection. Other acts appropriated $25,000 for the establishment of a permanent lepers' home ; created a bureau of labor statistics: enlarged the powers of the railroad commission ; created an oyster commission, and a resolution ap- proved the speech of Hon. Bourke Cochran at Montgomery, Ala., in which he advocated a repeal of the 15th amendment to the Federal constitution.
On May 2, 1901, President Mckinley visited New Orleans and was received by Gov. Heard in the cabildo. This was the first time a president in office ever visited Louisiana. The Lake Borgne canal was opened in 1901. Including Bayou Dupre, the canal is 7 miles in length and gives the city of New Orleans - direct water com- munication with Mississippi sound. On Dec. 11, 1901, the Rice Association of America was organized at Crowley. The objects of the association, as declared at the time it was formed, are "to foster and promote the rice industry : to find and secure markets for the sale of all rice products, to the best advantage of the rice grower and manufacturer : and to encourage the investment of capital in all rice enterprises."
On July 12, 1865, Gen. P. H. Sheridan confiscated at Shreveport old Louisiana state bonds to the amount of $4,476,000, but as the capture was made after the war had elosed the U. S. government never laid claim to the bonds. From that time until 1901, as the bonds were properly identified by the state officials, certificates were issued. In 1901 the value of the bonds equaled about $545 .- 000. Some of these, for which the national treasury held descrip- tive certificates, were missing from the state treasury. This echo
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of the war caused some annoyance. but the state authorities and the U. S. treasury department finally took steps to adjust the mat- ter to the satisfaction of all concerned.
In April, 1902. the Louisiana supreme court handed down a de- cision in a peculiar case. The owner of an orange grove in Plaque- mines parish sold the erops for the years 1899 and 1900 in advance for $8,000, one half of which was paid at the time the sale was made and the other half to become due on Dec. 1, 1900. In the contract it was stipulated that "the purchaser assumes all risks." Three months after the transaction was completed a severe frost came and killed the trees, so that the purchaser suffered a total loss of the crops for the two years. He therefore brought suit to recover the $4,000 already paid, and the defendant set up a claim for the additional $4.000. The court decided that the owner could keep the $4,000 that he had received, and released the purchaser from further payment. Some of the justices rendered a dissenting opinion, holding that the "assumption of all risks" covered the loss of the trees, or that it meant only ordinary risks. If the former in- terpretation was accepted by the court the plaintiff was liable for the full amount of $8.000, but if the clause covered only ordinary risks he was entitled to recover the $4,000 paid at the time the con- tract was concluded.
Early in April, 1902, Gov. Heard reported to the U. S. secretary of state that the English government had agents in Louisiana en- gaged in purchasing horses for use in the war against the Boers in South Africa; that a camp had been established near New Orleans, and protested against what he considered a violation of the neutrality laws. After an investigation of the matter the na- tional government decided that the neutrality laws had not been violated, the only camp being one where horses and mules were received and kept for shipment. However, the course of the governor in entering his protest was subsequently approved by the general assembly which met in regular session on May 12, 1902.
During this session a board of education was created, to con- sist of the governor, the superintendent of public instruction, the at- torney-general. and seven citizens-one from each Congressional district -- to be appointed by the governor. Parish school boards were also established and authorized to conduct graded and central high schools when necessary. An appropriation of $100,000 was made to cover the cost of the Louisiana exhibit at the Louisiana Purchase exposition at St. Louis in 1904; jurisdiction over a por- tion of Chalmette plain was ceded to the United States; the governor was authorized to accept from the owners the title to Camp Moore in Tangipahoa parish for a Confederate cemetery, and the sum of $1,000 was appropriated for its care and improve- ment ; June 3 was declared a legal holiday to be known as "Con- federate day": Franklin college was donated to the school board of St. Landry parish: railroad companies were directed to provide separate coaches and waiting rooms for colored people: and the appointment of a commission to determine the location of the
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Louisiana military organizations at the siege of Vicksburg was authorized.
During the year 1902 oil was found at Jennings and Welsh in Calcasieu parish and at Breaux Bridge in the parish of St. Martin, not much over 100 miles from New Orleans. The U. S. geological survey reported the gulf coast oil as unsuited for illuminating pur- poses ; its value as a gas or an asphalt oil undetermined ; its qualities as a lubricating oil somewhat doubtful, but that it was available and economical as a generator of steam. (See Oil.)
On Dec. 2, 1903, Gov. Heard issued his proclamation calling the general assembly to meet in extraordinary session on the 10th to consider: 1-To consider the boll weevil cotton pest; 2-To re- peal the law requiring a new registration of voters in the country parishes on Dec. 31, 1903, and to provide for a supplementary registration instead; 3-To provide for the erection of dwellings for the officers of the colored insane asylum at Alexandria, an in- stitution authorized by the preceding legislature ; 4-To reimburse the fiscal agents of the state for money advanced by them to pay the interest on the "Hope bonds," funded under a decree of the su- preme court, and for the overflow sufferers and repairs on the lepers' home; 5-To make appropriations for the expenses of the special session, for paving the sidewalks and improving the grounds of the state capitol ; 6-To enable the senate to act on all interim appointments. The special session lasted 12 days, during which time all the recommendations of the governor were acted upon favorably, with the exception of the one asking for the repeal of the registration law. A crop pest commission was created to combat the ravages of the boll weevil: an appropriation of $25,000 was made for residences for the officers of the colored insane asylum, and the appropriation bills for the relief of the fiscal agents and improvements were passed and approved. On the question of regis- tration, the secretary of state was directed to furnish blanks for a new registration to begin on Jan. 1, 1904.
The legislature of 1902 appropriated $2.500 for a centennial cele- bration of the transfer of Louisiana to the United States and re- quested the Louisiana Historical society to prepare a suitable pro- gram, etc. On Dec. 11. 1903, Gov. Heard issued a proclamation recommending the citizens of each parish to assemble at the court- house on Saturday, Dec. 19, to observe the anniversary by appro- priate ceremonies, especially the hoisting of the American flag. The proclamation was generally complied with and the governor's recommendations were carried out in a majority of the parishes. (See Centennial Celebration.)
Probably the most important event of Gov. Heard's administra- tion was the filing of the suit in the U. S. supreme court for the adjustment of the maritime boundary between the states of Louisiana and Mississippi. By the act of Congress under which Louisiana was admitted in 1812. the boundary included "all the .islands within three leagues (about 10 statute miles) of the shore." Five years later Mississippi was admitted under an enabling act
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which was construed as extending the east line of the state "due south to the Gulf of Mexico, thence westerly, including all islands within six leagues (about 20 miles) of the shore, to the most easterly junction of the Pearl river with Lake Borgne, thence up said river," etc. Hence, whatever the "shore" of Louisiana might be, the islands within ten land miles of the same had been assigned to her jurisdiction five years before the boundary of Mississippi was defined as including the islands within 20 miles of her shore.
But little attention was paid by either state to the islands affected by these overlapping boundaries until the development of the oyster industry, when the disputed territory suddenly came to be worth from two to ten millions of dollars. The legislatures of both states passed laws regulating the oyster fishing, and a clash of authority was inevitable. Early in 1901 a dispute arose between the fisher- men and for a time it looked as though there would be a resort to arms by the sheriffs of St. Bernard parish, La., and Harrison county, Miss. In this emergency Gov. Heard called a meeting at New Orleans in Jan. 1901, to consider some plan of settlement. As a result of this meeting Gov. Heard appointed five commissioners, to confer with a similar number to be appointed by Gov. Longino of Mississippi, and endeavor to adjust the question of boundary in a way that would be satisfactory to the fishermen of both states. The commissioners met at New Orleans on March 26, when the Louisiana members insisted upon a boundary "following the deep water channel through the sound into the gulf eastward of the Chandeleur islands." To this the Mississippi commissioners re- plied that they considered as islands considerable territory that Louisiana claimed to be mainland. The report of the joint com- mission said: "It is apparent that the only hope of settlement is a friendly suit in the supreme court of the United States, and we respectfully suggest that course." Accordingly, a suit was filed in Oct., 1902. by "The State of Louisiana, one of the United States of America. by William W. Heard, governor, and upon the informa- tion of Walter Guion, attorney-general." In the bill of complaint Louisiana claimed as the boundary "the deep water channel off the mouth of the Pearl river, eastward following the deep water chan- nel to the mouth of Half Moon island, through the Mississippi sound channel to Cat Island pass, northeast of Isle au Pitre, into the Gulf of Mexico." Louisiana examined about 100 witnesses and in- troduced nearly that number of maps, charts and diagrams, be- sides numerous documents. Mississippi made a similar effort, and the evidence submitted to the court covered about 12.000 type- written pages. Gov. Heard's term expired before a decision was reached, but the general assembly on June 17. 1904, adopted a resolution approving his course in filing the suit, and a few days later made an appropriation to employ counsel to assist the attor- ney-general. Argument was heard by the court in Oct .. 1905, and on March 5. 1906, the opinion was handed down by Chief Justice Fuller. In the decision it was held that "the peninsula of St. Ber- nard and adjoining islands are a part of the territory of Louisiana,
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under the act of Congress in 1812 defining the boundary of that state, and that the latter act defining the boundary of Mississippi cannot be taken as intended to controvert the Louisiana act." The chief justice said: "The general land office of the United States, in all the maps it has caused to be made of Louisiana and Mis- sissippi, has been consistent in its recognition of the ownership by Louisiana of the disputed area. * The record contains inuch evidence of the exercise by Louisiana of jurisdiction over the territory in dispute and the general recognition of it by Mississippi as belonging to Louisiana."
The boundary as fixed by the suit begins at the mouth of the Pearl river; thence eastwardly through Heron bay and the pass between Grand island and the mainland to a point about a mile north of the most northern point of the Isle au Pitre: thence southeast through the pass between Isle au Pitre and Cat island for a distance of some + miles; and thence due east to the deep water channel east of the Chandeleur islands.
At the election for state officers on April 19, 1904, Newton C. Blanchard, the Democratic candidate for governor, was elected over W. J. Behan, Republican, by a majority of 42,468. Jared Y. San- ders, Democrat, was elected lieutenant-governor by substantially the same vote, and with the assembling of the legislature in regular session on May 9 Gov. Heard's administration came to an end.
Hearn, Lafcadio, journalist and author, was born about 1850, on the island of Santa Maura, one of the Ionian group. Greece, his mother being a Greek woman and his father an English army sur- geon, who was stationed in Greece during the English protectorate. Lafcadio was educated in England, Ireland and France, and after the death of his father came to the United States. In Cincinnati, Ohio, he learned the printer's trade, at which he worked for some time, then became a reporter, and finally a traveling correspondent for a Cincinnati paper. One of his vacations was spent in the South, and liking the country he became a resident of New Orleans, where he engaged in journalism. In the meantime he devoted consider- able time to the study of Oriental literature, which possessed a strange fascination for him. His first book. "Stray Leaves from Strange Literature," has been described as a prose poem. He wrote also "Chinese Ghosts," which deals with the legendary lore of that country, translated from the French of Theophile Gautier "One of Cleopatra's Nights," and wrote a charming story, "Chita," while residing in New Orleans.
Hébert, Louis, soldier, was born in Louisiana. He was appointed to the U. S. military academy, where he graduated in 1845 as brevet second-lieutenant of engineers, and served in the regular army as assistant engineer in the construction of Fort Livingston. Barataria Island, La., 1845-46. He then resigned from the army and became a planter in Iberville parish. Later he became an officer in the Louisiana state militia : was a member of the state senate, and was · chief engineer of the state from 1855 to 1860. At the opening of the Civil war he entered the service of the Confederate States as colonel
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of the 3d La. infantry : served in the battles at Wilson's creek and at Pea Ridge, where he was captured. On May 26, 1862, he was commissioned brigadier-general and after being exchanged led the 2nd brigade, Little's division, Price's army, in northern Mississippi. He took a gallant part in the battle of luka and was afterwards for a time in command of Little's division ; distinguished himself in the battle of Corinth, and served in the siege of Vicksburg. After the fall of that city, Gen. Hebert was exchanged and sent to North Caro- lina to take charge of the heavy artillery in the Cape Fear district, and continued to act as chief engineer of the Department of North Carolina until the close of the war. After peace was declared he re- turned to his home in Louisiana and resumed his life as a planter.
Hébert, Paul Octave, twelfth governor of the State of Louisiana, was a native of the state, having been born in the parish of Iber- ville, Dec. 12, 1818. He was a son of Paul Hébert and a descendant of the Acadians who came to Louisiana about the middle of the 18th century. In 1836 he graduated with honors at Jefferson college, and soon after entered the U. S. military academy at West Point, N. Y., where he graduated in 1840, standing first in a class of 42, among whom were William T. Sherman and George H. Thomas. Upon graduating he entered the army as second lieutenant of engineers; served as assistant to the board of engineers until Ang. 30, 1841; then returned to the academy and was assistant professor of en- gineering until July 21. 1842, when he was appointed assistant en- gineer in the construction of the western passes to New Orleans. On March 31, 1845, he resigned his commission in the army and · was appointed chief engineer of the State of Louisiana and held this position until 1847. On April 9, 1847, he was appointed lieutenant- colonel of the 14th infantry, with which he served through the Mex- ican war, taking part in the engagements at Contreras, Churubusco, Molino del Rey and the storming of Chapultepec. For gallant con- duct at Molino del Rey he was brevetted colonel, and at the capture of the City of Mexico was in command of his regiment. After the war he returned to Louisiana and became a planter in Iberville par- ish. In 1851 he was appointed commissioner to the World's fair in Paris. The following year he was a delegate to the Louisiana con- stitntional convention, and the same year was elected governor. On Aug. 11, 1861, he was commissioned brigadier-general in the provisional army of the Confederate States, having previously held that rank in the state forces by appointment of Gov. Moore. Dur- ing the first year of the war he was in command of the district of Louisiana, particularly the defenses of New Orleans. He then succeeded Gen. Magruder in command of the Trans-Mississippi de- partment. Gen. Hébert was actively engaged at Milliken's bend, which was his only engagement of consequence during the war. In 1864 he was assigned to the command of the district of Texas and the Territory of Arizona, which he surrendered to Gen. Gordon Granger, who returned Gen. Hebert's sword. President Johnson removed Gen. Hebert's political disabilities in 1865, and Gov. Kel- logg appointed him state engineer. Under Grant's administration
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he was a member of the U. S. board of engineers for the construc- tion of levees on the Mississippi. For several years he was presi- dent of the New Orleans Jockey club. His death occurred in that · city on Aug. 29, 1880.
Hébert's Administration .- The constitution of 1852 provided that the sessions of the legislature should be held annually and limited to 60 days. The first general assembly under this constitution met at Baton Rouge on Jan. 17, 1853, and the next day Gov. Hebert was inaugurated. Lieut-Gov. Farmer was also inducted into office at the same time. In his inaugural address the governor showed an inclination to favor the acquisition of Cuba, in order to prevent the emancipation of the slaves on that island. (See Lopez Expedition.) Numerous corporations were chartered during this session ; a gen- eral system of free banking was established; and the state was re- divided into Congressional districts. In the summer and autumn of 1853 Louisiana was scourged by the most disastrous epidemic of yellow fever that had ever visited the state up to that time. 1ts ravages were not confined to New Orleans and the immediate vicin- ity as on former occasions, but spread to almost every parish in the state, claiming victims by the thousand. Notwithstanding this frightful visitation, the work of building railroads and other internal improvements went on, and upon the whole the state was prosper- ous.
The annual session of the legislature of 1854 began on Jan. 16. At that time the belief was prevalent in Louisiana that Spain was taking steps to abolish slavery in Cuba, and in his message Gov. Hébert said: "Will the Federal government, charged with the in- ternational interests of states, anticipate the threatened peril, or patiently and quietly await the occurrence of it? The evil would then be irremediable. Confiding, as we may justly do, in the firm- ness, patriotism and truly national spirit of the chief magistrate of the Union, the deliberate expression of the sentiments of the people of Louisiana upon this all-important subject would at once sustain the watchfulness of the administration, and strengthen their hands in executing any measure for our protection which they might deem necessary to adopt. Gayarre says: "The chief magistrate of the Union was then Franklin Pierce, and the 'measure' which was ex- pected for our protection was the acquisition of Cuba." Owing to the large appropriations for the support of the public schools and to reclaim the swamp lands granted by Congress in 1849, the state debt had been increased to over $3,000,000, but the development vi resources had kept pace and the people did not suffer under the burden of the greater indebtedness, though 60 tax collectors had defaulted in the amount of nearly $272,000. But little important legislation was enacted during the session.
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