Thibodaux minerva., 1855-03-24
interested with his brother in entries of land on

interested with his brother in entries of land or
Last Island.
The committee do not feel authorized, from
any evidence before them, to charge him with
having used the swamp land funds to make
improvements for the especial benefit of lands in
which he was interested. 1t is even doubtful
under the evidence, whether the work done by
him has benefited his lands, there being q
variety of opinions on this point. He saws
himself that he had received bids for work
which, when completed, would add to the value
of lands that he had entered, but as yet he had
not completed any contracts"
In justice to Mr.. Miller it is proper to add,
that the works done by him in the vicinity OF
lands in which he was interested, appear to
have been done in the execution of general
system for the reclaiming of lands On the At
| chafalaya.
There is no law which prevented Mr.. Miller
| from entering such lands as he desired but as
| the right of the commissioner entrusted with
the expenditure Of the public funds to speculate
| in the lands which they are expending large
sumsto reclaim, is liable to great abuse, the
committee would recommend some change in
the law, which would deprive them Of any such
power.
1t further appears that Mr.. Miller accepted
the bid of Bartholomew Collins for making
Lafourche outlet, a work costing about 81 900,
without any knowledge of the sureties given or
their solvency, as is required by the fourteenth
section of the act No damage has resulted to
the public from this loose manner of making
the contract but the committee are of opinion
that the commissioners should always be sat-
isfed of the solvency of the sureties before
they let out contract. The price at which the
contract was let QUITO wit: As cents per
cubic yard-also appears to the committee to
have been extraordinarily high.
Mr. Miller let out various contracts, as ap-
pears from his own statements, without the
previous advertisements required by law. The
committee would advise a strict adherence to
the law in this respect, whenever it is possible
Amongst the works so done were the building
of several culverts on streams which had been
levied on the Atchafalaya. One of the culverts
has given way, and the committee have great
manent Improvement
1t also appears from the testimony of Mr..
Miller that he was a member of the Legislature
during the sessions of 1858 and 1864 The act
under which he was appointed was passed in
the year 1854, and he was appointed in the
May of that year following the adjournment of
the Legislature, which took place in March.
The 9th article Of the Constitution declares:
"No Senator or Representative shall, during
the term for which he was elected, nor for one
year thereafter, be appointed or elected to any
civil Office of profit under this State, which shall
have been created, OF the emoluments of which
shall have been increased, during the time such
Senator or Representatives was in Office"
Under these circumstances, the committee
are of opinion that Mr.. Miller was ineligible to
the Office at the time of his appointment.
The 22d section of the act of 1854 requires
the commissioners annually, on the 1st of Jan
ury, to report to the Governor all their official
transactions. When called upon by the COM
mittee for their accounts and vouchers, it was
evident that this provision of the law had been
but partially complied with. The investigations
of the committee were greatly embarrassed and
retarded on this account. The accounts, when
furnished, were not properly made out, and the
vouchers for many items Of expenditure were
not furnished.
1t would be tedious and useless to recapitulate
many things that will strike the mind of any one
who examines the record of the proceedings of
the committee. Before however closing this
report, the committee would most earnestly
endeavor to call the attention of the Legislature
to the reports of the subcommittee on the
accounts of the commissioners and their En-
gineers. The law limits the amount of their
personal expenses to fixed sum, yet this has
been disregarded by several of the Commits
soners and their engineers. Every disbursing
officer Of the State should be held to strict
account Of the manner in which the public
money has been expended. The Act of 1854
evidently contemplates this in regard to the
Swamp Land Commissioners. 1t is idle to pass
laws holding public officers to such respon-
sbility if those laws can be violated with i'm
punity. 1t is evident from the testimony before
the Committee that large sums of the Swamp
Land fund have been expended for which there
are no sufficient vouchers If this abuse is
suffered to continue without some check, it may
not be long before the whole fund will be
squandered ad HJitun, or pocketed without any
recourse on the part Of the State. The defects
in the accounts have been pointed out by the
Committee. 1t remains for the Legislature to |
take such action thereon as may be deemed
advisable. 1t is certain that every officer
charged with the disbursement Of public money
should account therefor OF that all legal re-
medies against him should be exhausted, to
compel him to render such an account.
The committee in submitting this report
would beg to be discharged from the further
Of the subject.
LOUIS HEBERT,
Chairman the part Of TIE Senate.
B. b. SHINES,
=7.7@ K. Chairman on the part Of the House. |