36 PROCEEDINGS OF THE BOLL WEEVIL CONVENTION. 



Mr. Chairman and Gentlemen of the Convention I wish briefly to state 

 that a few days ago, I received an invitation to read a paper here, on the 

 subject of the legislative measures which may be taken by the State of Lou- 

 isiana in this emergency. At the same time, I received a communication 

 from th'e Governor, asking for an opinion concerning the legislation which 

 might be had along constitutional lines, that would serve the purposes 

 of the people of this State; and I wrote Professor Stubbs, that I would 

 prefer not to read a paper, but simply to give the opinion which I 

 have given the Governor; and I will read it to you. 



Following is the opinion of Judge Guion : 



NEW ORLEANS, LA., Nov. 27, 1903. 



His Excellency, W. W. Heard, Governor of the State of Louisiana, 

 Baton Rouge, La. : Dear Sir I have your letter of the 23d inst., in 

 which, after referring to the importance of the matters coming before 

 the Convention which is to meet in New Orleans on the 30th inst. to 

 discuss the boll weevil and the measures of prevention that may be 

 taken to safeguard the people of the State against invasion by it. You 

 ask me to "prepare an opinion covering any constitutional ques- 

 tions that might be involved, and the right of the Legislature 

 to enact laws looking, first, to the setting apart of a strip" 

 of land on the Texas border on which the cultivation of cotton 

 will be prohibited, and, second, such quarantine laws as will prevent 

 the introduction of certain cotton products through which the boll weevil 

 might be brought into this State," and, finally, you suggest that "it would 

 also be well to consider the right of the Legislature to create a com- 

 mission vested with full power to carry out the objects and purposes 

 of a more definite and specific law." 



Prof. W. C. Stubbs has also been kind enough to request me to give 

 my views upon the subject in an address to be delivered before the 

 Convention. I have suggested to him that I would prefer giving them 

 in the form of an opinion to you, since the measures of protection to 

 be adopted must, after all, be afforded by the Legislature, which cannot 

 meet in extra session unless called together by you. 



Therefore, it must finally be left to you to determine whether the 

 Legislature has the power and authority to enact such laws as will 

 give the relief which is desired, and if so, whether a special session 

 thereof should be called for that purpose. 



The first question to be answered is wether the State of Louisiana 

 has the right to prevent the cultivation of cotton upon lands lying along 

 the eastern bank of the Sabine River, for I understand from Prof. 

 Stubbs that the Convention will doubtless take up for discussion 

 the subject of the right of the State to set apart a strip of territory 

 in Louisiana of a certain width lying along the Sabine River, and ex- 



