USA > Louisiana > The province and the states, a history of the province of Louisiana under France and Spain, and of the territories and states of the United States formed therefrom, Vol. III > Part 18
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The legislature of 1877 constituted a State Board of Liquida- tion to carry into effect an elaborate plan for the reduction of the state debt ; appointed a state fiscal agent ; favored a subsidy to the proposed Texas & Pacific Railroad ; made many important altera- tions in the school laws; provided for the protection of game ani- mals and birds ; memorialized congress to repair the state capitol at Baton Rouge ; reorganized the State Board of Health and extended its duties; endorsed the policy of President Hayes to restore local self-government to the Southern states; re-enacted the act incor-
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porating the Louisiana Historical Society ; repealed the act creat. ing the Louisiana Levee Company; repealed the act creating a State Board of Engineers, and incorporated the Louisiana State Fair Association.
The legislators of 1878 passed an act to unite the Louisiana State University and the Agricultural and Mechanical College under the combined names and to locate the new institution at Baton Rouge; urged congress to rebuild the levees along the Mis- sissippi river ; protested against the reduction of the duty on sugar and of the duty on rice; incorporated the Louisiana Land Recla- mation Company ; appointed a joint committee to examine the condition of the state finances; provided for submitting to the people the question of removing the capital to Baton Rouge; urged congress to improve the navigation of Red river ; repealed the act of 1877 creating a State Board of Engineers and created the Board of State Engineers; levied a tax of thirteen mills for the support of the state government ; appropriated many small amounts to cover deficiencies of former years, and incorporated many railroads.
In 1879 the legislature passed the following preamble and reso- lutions :
"WHEREAS, The Constitution of the United States has not con ferred the right of suffrage upon any one, and the United States have no voters of their own creation in the states, but the matter of suffrage is left entirely with the states themselves, with the reservation of the provisions of the Fifteenth amendment, which has invested the citizens of the United States with a new consti- Intional right, to-wit : The exemption from discrimination in the exercise of the elective franchise on account of race or color or previous condition of servitude ;
"WHEREAS, The functions of Congress under this Constitu - tional amendment are limited to prevent by proper legislation, the denial or abridgement by a state of the right of a citizen to vote when the denial or abridgement is on account of race, color or previous condition of servitude of the voters ; therefore,
"Resolved, That sections 5506, 5507, 5508, and 5509 of the Revised Statutes of the United States are in derogation of the Constitution of the United States and of the amendments thereof, in this, that the Federal Government by these sections assume plenary jurisdiction of the matter of suffrage without reference to the action of the states, as such, and without interference on their part to deny or abridge the right of suffrage as indicated in the said Constitutional amendment ;
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"Resolved, That the proceedings in the United States Circuit court at New Orleans against citizens of various parts of the state of Louisiana and the subjecting of numerous citizens thereof to the hardships of arrest from distant homes, and their removal to New Orleans, to be there tried for alleged offenses against the above stated sections of the Revised Statutes, are pregnant with the gravest consequences, and the people of this state cannot but protest energetically against such harsh and unwarrantable prose- cutions ;
"Resolved, That this protest of the state of Louisiana, which, by her laws and her courts, does make no discrimination between her citizens on account of race, or color, or previous condition of servitude, be respectfully laid before the President of these United States and the Senate and House of Representatives of these United States."
The year 1878 is notable for the declaration of the legislature that W. P. Kellogg was not the lawful United States senator from Louisiana, that he had been chosen by the Packard legislature which had been decided illegal, and that Henry M. Spofford was the lawful senator. The congressional delegation was instructed to support the Bland Silver Bill. Serious political disturbances occurred in many parts of the state, no doubt growing largely out of former controversies; many persons were killed. During the summer Louisiana was visited by yellow fever, which took from among the living over 5,000 persons and plunged the whole state in mourning. For many months all business ceased, and every effort to battle the dread disease was made. Immense help from outside sources was received. This year it was made manifest, that the depth of water over the bar at the mouth of the Mississippi would be satisfactorily increased by the Eads system of jetties authorized by the government in March, 1875. It was estimated at this time that the total cost of the channel 350 fect wide at the bottom and 30 feet deep would reach five million two hundred fifty thousand dollars.
In 1879 it was settled in the United States circuit court, that Louisiana had the right to educate the children of different races or of different sexes of the same race in separate schools. The Dem- ocratic party demanded the seating of Mr. Spofford as United States senator and nominated Louis A. Wilz for governor. The Republicans nominated Taylor Beattie for governor. Wiltz sareived 74.760 votes and Beattie 10,760. The legislature was strongly Democratic. In 1880 the legislature again protested against the continued recognition of Mr. Kellogg and demanded the admission of Mr. Spofford.
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The legislature of 1879 provided for a revenue from licenses ; took steps to hold a constitutional convention to frame a new state constitution; instructed the Louisiana delegation in congress to use their best endeavors "to secure the passage of a sugar tariff bill on a fixed duty, at two dollars and forty cents, the same being for the protection of the interest of the state of Louisiana;" repealed the act creating the Louisiana Lottery Company, and thanked the other states and foreign countries for having con- tributed relief to the Louisiana sufferers from the yellow fever epidemic of 1878.
In 1870 the people added several amendments to the constitu- tion of 1868, one of which made the governor eligible for re-elec- tion, and another which limited the indebtedness of the state prior to 1890 to twenty-five million dollars.
The constitution of July 23, 1879, made several important alter . ations in that of 1868. It provided for 36 senators and 99 repre- sentatives, and stipulated that no change should be made therein prior to 1890; that the legislature should meet biennially on the second Monday of May ; that the pay of members should be four dollars per day ; that the power of the legislature to run the state in debt should be limited; that the legislature should not pass any specified local or special laws; that the state should be divided into four supreme court districts; that the state should be divided into five circuit court circuits for the court of appeals; that the state should be divided into not less that twenty nor more than thirty judicial districts, the parish of Orleans excepted ; that until other- wise provided there should be twenty-six such districts; that the parish of Orleans and the city of New Orleans should have cer- tain special courts; that the seat of government should be at Baton Rouge; that the general assembly should have authority to grant lottery charters or privileges, provided, each charter or privilege should pay to the state annually not less than forty thou- sand dollars, that all such charters should expire January 1, 1895; that the lottery licenses should be devoted to charity; that the legislature should be authorized to regulate the sale of alcoholic liquors ; that the legislature should create a Bureau of Agricult- ure; that thie wages of laborers should be secured; that strong restrictions should be placed over the qualifications and privileges of voters ; that the state revenue service should be vastly improved ; that a levee system should be supported by the state; that home- steads should be exempt from execution; that all corporations should be regulated, and that New Orleans should be permitted to modify its organic law.
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The constitution of 1879 still further extended the public schools over the state. Parish superintendents were provided for, and the school fund was ordered distributed "to each parish in proportion to the number of children between the ages of six and eighteen years." "The school fund of this State shall con- sist of: I. The proceeds of taxation for school purposes. as pro- vided in this constitution; 2. The interest on the proceeds of all public lands heretofore granted by the United States for the use and support of the public schools; 3. On lands and other prop- erty which may hereafter be bequeathed, granted or donated to the State or generally for school purposes; 4. All funds or prop- erty other than unimproved lands bequeathed or granted to the State not designated for other purposes; 5. The proceeds of vacant estates falling under the law to the State of Louisiana." It recognized the Louisiana State University and Agricultural and Mechanical College; authorized the assembly to provide for the support of the State University of Louisiana; established in New Orleans the "Southern University" for persons of color, and declared that the state owed the Free School Fund one million one hundred thirty thousand eight hundred sixty-seven dollars and fifty-one cents, the Seminary Fund one hundred thirty-six thousand dollars, and the Agricultural and Mechanical College Fund one hundred eighty-two thousand three hundred and thir- teen dollars.
In 1880 the legislators again protested against the recognition of William P. Kellogg instead of Henry M. Spofford as United States senator from Louisiana; prohibited the adulteration of foods ; took steps to secure for Louisiana a station for the propa- gation of food fish; created a Bureau of Agriculture and Immi- gration ; provided ex-Confederate soldiers with artificial limbs; authorized the removal of the state archives to Baton Rouge; re- adjusted the state land office; established in New Orleans the Southern University for people of color; revised the license and poll taxes, and regulated the manner of registering votes.
The assembly of 1881 created a printing board; revised the license tax ; made many small appropriations to supply former deficiencies, and decided to rebuild the capitol at Baton Rouge.
At the special session of 1881 Gov. Samuel D. McEnery, who had succeeded Louis A. Wiltz, deceased, stated that the objects of the session were to provide a revenue, to make the necessary appropriations and to regulate the state's finances. In a small measure the legislature carried out his recommendations. 'At the regular session in May, 1882, the assembly convened at Baton Ronge, pursuant to a previous act of the legislature. The gov-
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vinor called attention to the awful calamity that had befallen the state-an unprecedented flood, by which the fairest portions of the alluvial lands had been covered with raging waters from suffle eighty-three crevasses in the levees of the Mississippi, Red and other rivers, with the result that the greatest damage in the history of the state had resulted-many millions of dollars. Con- gress, in session at the time, had come promptly to the rescue, and had distributed 1,966,000 rations at a cost of two hundred vighteen thousand six hundred and thirty dollars to 130,000 suf- ferers. The most pressing needs had been at the lower Oua- chita, Black, Macon, and Tensas rivers. Again the executive of the state declared that it was impossible for Louisiana to build and repair the levees and insisted that the general government shoukl shoulder that hereulean task.
At this time the state bonded debt, exclusive of the baby bonds, amounted to eleven million seven hundred eighty-six thousand eight hundred and fifty dollars, financial affairs thus being in much better condition. But New Orleans was still overwhelmed with an enormous debt-fifteen million seven hundred ninety- nine thousand two hundred and seventy-two dollars certified and eight million five hundred thirty thousand eight hundred and thirty-four dollars open claims, or a total of twenty-four million three hundred twenty-nine thousand eight hundred and thirty-nine dollars, a burden almost too great to be borne. It had resulted from corruption, waste, extravagance and the irresponsible form of the city government.
The new judicial system, created by the constitution of 1879, was not wholly satisfactory, said the governor, and changes were recommended. Ile pointed out that imprisonment for debt was still countenanced by Louisiana-that a creditor could have a debtor arrested upon the fictitious charge that he was about to depart from the state and could thus force him to give bond for security for his presence in Louisiana when required. The gov- ernor said, "It is repulsive to the moral sense, and is not in accord with the present enlightened age." But the provision had been aimed at certain irresponsible and floating elements that made such a requirement seem like an act of simple justice to the responsible white people of the state. The governor noticed that excellent results had followed the quarantine, as yellow fever had either been confined to certain small arcas or had been wholly banished.
At the regular session in 1882 the legislators urged congress to assume the task of preventing the annual inundations by the Mississippi ; ordered the state house at New Orleans sold; incor-
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porated the city of New Orleans; provided for an increase in the capital stock of corporations; regulated the practice of medicine and surgery; prohibited the adulteration of sugar or molasses with glucose, etc. ; made provision for local boards of health, and revised the state revenues.
In 1884 the assembly appropriated one hundred thousand dol- lars for the World's Industrial and Cotton Centennial Exposition at New Orleans; ordered a revision of the statutes of a general character ; thanked Paul Tulane "for his noble benefactions and donations in behalf of education in this state;" changed the name of the University of Louisiana to that of the Tulane University of Louisiana ; urged congress to remove the raft that had formed in bayou Pierre; established a state normal school; granted relief to disabled Confederate sokliers; established an agricultural ex- periment station as an adjunct of the Louisiana State University and Agricultural and Mechanical College, and incorporated many industrial associations.
About the only political excitement of 1883 was the contest for the governor's chair by Francis T. Nicholls and Samuel D. McEnery. It was a fight in the ranks of the Democracy and resulted in the success of the M'cEnery faction. Reform in the administration of state affairs, was the cry. The Democratic convention declared against the lottery and demanded that the convicts should be put to work on the levees.
The Republican state convention assembled at New Orleans in March, 1884, and named John A. Stevenson for governor. At the succeeding election in April MeEnery received 88,794 votes and Stevenson 43,623. The legislature was composed of thirty- one Democrats and five Republicans in the senate, and eighty- three Democrats and fifteen Republicans in the house. In this year the Republican electoral ticket received liberal support from the rice and sugar men who favored the protective tariff on these staples.
In 1885 the first prohibition convention ever hield in the state assembled at Shreveport Angust 19. They declared themselves non-partisan and non-sectarian, and asked the co-operation of all, "without regard to race or party" for the suppression of the liquor traffic. They petitioned that the question of prohibition be submitted to the people of the wards or parishes, and if car- ried to be enforced.
The message of Governor McEnery, in May, 1884, announced that losses from the flood of 1882 had reached the enormous aggregate of tweive million sixty-one thousand nine hundred and ten dollars in twelve parishes, and that 606,674 acres of arable
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land had been inundated. Again in 1884 the state was visited with vast inundations, accompanied with immense losses, but not so great as in 1882. Notwithstanding the fact that the levees in March, 1884, were in better condition than for twenty years. before, great damage resulted. On Red river, the waters rose actually higher than the levees. The governor showed that there were outstanding baby bonds to the amount of one million three hundred eighty-one thousand two hundred ninety-four dollars, the first having been sold in 1880, in denominations of five dol- lars. He said that the election laws of 1877-82 were defective and recommended several important changes therein. He recom- mended the revision of the civil code, the code of practice and the revised statutes.
Two years later he congratulated the state on its good health, abundant crops, excellent schools, freedom from inundations, improvement of agricultural methods, revival of commercial in- terests, advancement of public order, larger collections of taxes, satisfactory financial condition and advancement in taxable prop- crty. The total assessment in 1880 had been one hundred seventy-seven million ninety-six thousand four hundred and fifty- nine dollars; in 1885 it was two hundred twelve million seven hundred twenty-five thousand five hundred and sixty-six dollars. Owing to unequal assessments, he recommended the creation of a State Board of Equalization, as was provided for in the consti- tution of 1879. He advised a heavier tax on corporate wealth, and showed that the total bonded and floating debt amounted to thirteen million nine hundred eighty thousand two hundred and sixty-four dollars. Fifty-seven miles of new levees had been built. He suggested the use of syphons instead of rice flumes, when water was required for irrigation. Ile recommended a
constitutional amendment permitting the people of any locality to levy a special tax for the support of public schools. At this time the levees were higher, stronger and better than they had been for twenty-five years. Within the last few years about 1,000 miles of railroads had been built in the state, adding much to the wealth, but there was serious complaint against discrimi- nating rates. Industrial strikes had come, and an insurance commission was recommended. The governor advised the aboli- tion of grand juries. In 1884 the Bureau of Agriculture and Immigration had been divided into two bureaus, one for agri- culture and one for immigration, the former under T. J. Bird and the latter under W. H. Harris. The experiment station was doing good work, and during 1884 and 1885 about 1,000 families had immigrated to the state and had found homes, mostly in the
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western and southwestern parts. The governor recommended some other way of disposing of murderers than strangulation. At this time the state library contained 20, 116 volumes.
The regular session of the legislature of 1886 was held at Baton Rouge. They passed acts deploring the death of General Hancock and extolling his public character and private virtues; endorsed the Irish policy of Gladstone and Parnell; authorized the Board of Liquidation to contract with any bank or capitalist to pay the interest on the consolidated or constitutional bonds of the state and to advance the sums necessary to pay the expenses of the general assembly and the warrants drawn against the gen- eral fund; regulated the employment of women and children; provided for the protection of the alluvial lands of the state; provided for the erection at New Orleans of a monument to General Zachary Taylor and the soldiers who fought under him at Palo Alto and Resaca de la Palma ; urged upon congress the importance of investigating the animal disease called "charbon"; recommended the creation by the government of a perfect system of national defense; encouraged sheep husbandry, and established the order of preference of the privileges and pledges on crops.
In his message of May, 1888, Gov. Francis T. Nicholls indulged in a somewhat lengthy review of the past. Ile said that in 1877, when he took the oath as governor, he found the "whole power of the United States menacing the rights of the people of Louisiana in order to secure the ascendency of the political party then dominant in the country. I found the capitol guarded by police and militia and in possession of pretenders, insolently and defiantly laying claim to be the Governor and Gen- eral Assembly of this State and depending upon their party asso- ciates who then held high places in the Federal Government, to aid and support them in the suppression of our liberties. The events of preceding years had accustomed us to contests of dual claimants for the Government. We had witnessed the expulsion of the legal representatives of the people from the legislative halls. We had felt again the mailed hand of the Federal power fall heavily upon us, when just and successful revolution had swept away the pretenders and usurpers, whose outrages and oppressions could be borne no longer. Our people were goaded to desperation. Federal troops were in our midst with orders to suppress our government." In this emergency the opposition had struggled for their rights and had finally succeeded. The government had at last seen that it was wiser to permit the people to emerge from the havoc of reconstruction without the interven- tion of imported officials or bayonets-that any rule or law which
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elevated the blacks at the degradation, oppression and cost of the whites was not a measure to insure domestic peace and civil harmony. So at last the inhabitants of the state were left to govern themselves.
In 1887 and 1888 there was a lively contest for the governor- ship between McEnery and Nicholls. The nomination was won by Nicholls on January 10. The Republicans nominated for that office H. C. Warmoth. The Democratic platform recommended the perfection of the levee system, insisted that convict labor should not be brought into conflict with free labor, and offered great inducements to immigrants. The Republicans condemned the free trade of the Cleveland administration as being inimical to the sugar and rice industries of Louisiana, favored protection, approved the appropriations of congress for experiment stations, invited immigration and opposed convict labor's being brought in conflict with free labor. In this year also the Young Men's Democratic Association demanded better local government in New Orleans. At the election Nicholls received a majority of 85,786 cut of a total vote of 188,728. A reform ticket in New Orleans, supported by the Republicans, defeated the regular Democratic ticket by about 7,000 majority. The sugar interest of the state this year made a splendid showing against the proposed reduction of the tariff. The average output was placed at twenty millions of dollars annually.
The legislature of 1888 favored the proposed act of congress to incorporate the Maritime Canal Company of Nicaragua; asked for the surrender of the tax on cotton collected by the govern- ment in 1864-66; endorsed the passage by congress of the pro- posed Freedman's Savings Bank bill; favored the withdrawal from entry, by congress, of all public lands in Louisiana, except to "homesteaders"-about 2,300,000 acres; thanked congress for the donation to Louisiana of the United States barracks at Baton Rouge, with about two hundred acres of ground, for the benefit of the state university ; asked for a naval station at Algiers ; regu- lated the practice of pharmacy, and opposed the construction across the Mississippi of railroad or other bridges that would interfere with its navigation by steamboats.
'The general assembly of 1890 expressed confidence in the exist- ing levee system and condemned what was known as the "outlet theory ;" opposed the Mckinley tariff bill, which proposed to put sugar on the free list ; thanked President Harrison for his prompt assistance during the great flood of 1890; appointed a joint com- mittee to investigate the offices of auditor and treasurer of state; defined and prohibited prize-fighting ; required railway companies
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