New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-09-29

C0eNS W uIAW tu0 S6laTy OF 0OVeIuo1 AO1
certain length of time that he deems him
absent from the State; and the State Au-
ditor honors the warrant of the Lieutenant
Governor to that effect. and refuses to pay
the Governor.
To repel this intrusion upon his rights,
and settle the constitutional question
raised aud determined by the Lieutenant
Governor, Governor Warmoth quietly ap-
peals to the courts. He petitions for a
writ Of mandamus to compel the State
Auditor to warrant for his full salary, and
the matter is thus brought before the
Eighth District Court, Judge Emerson
acting in the absence of Judge Dibble.
A judgment is obtained in this court, and
an appeal taken for the purpose of testing
in the Supreme Court of the State the
validity of the position assumed by the
Lieutenant Governor in attempting to
discharge the duties of Governor, and re-
ceive pay for the same, without any au-
thority from the Governor for such action.
If this question is decided adversely to
the Interpretation the Lieutenant Gov
ernor has placed upon the constitution,
it will place him in the very unenviable
position of being something more than a
mere intruder. He will be placed before
the people in the light of an invader and
usurper; and if he has drawn his pay as
Governor, Lieutenant Governor and
ex-officio president of the Board of
Police Commissioners at the same
time, it is quite certain there is no
law that will authorize any such conduct.
If the Lieutenant Governor becomes Gov
ernor, his functions, it is reasonable to
suppose, must cease as Lieutenant Gov
ernor and ex-oficio president of the
Board of Police Commissioners; and if he
draws the pay Of Governor, he certainly
has no law for drawing the pay Of Lieu
tenant Governor. We do not say that
Mr. Dunn has done this, for we do not
know. Nor can we say that he has not
done it. But as he has given most lib
eral Interpretation in his own favor to the
constitution in order that he might be-
come Governor, it is but reasonable to
suppose he might be liberal to himself in
the constitution as to his right
to act as Governor and Lieutenant Gov
ernor at the same time.
In arguing the case brought in the
Eighth District Court, the learned coun-
sci for the Governor truthfully said:
object to there being any testimony in
to show where the Governor was
On the date referred to. We have had in
this State the only instance of the kind in
the history Of the country. the indecent
spectacle Of the chief executive watched. as
f by detectives, SO that if he SO much as
placed his foot across the State line. the
pretext that he was absent from the State
was seized upon, and the Lieutenant Gov
.rnOr would proceed to exercise the fl,nc-
ions Of the Office.
Can such state of things he allowed,
Is there any law which justit;es such a
course! Is it possible that the law or con.
titution leaves it in the province of tie
Lieutenant Governor to haunt the move
nents of the executive, and as soon as the
ars which bear him across the line. to
ume the functions of the Governor,
True, an absence from the State hv the
Governor causes the duties Of the office to
levolve upon the Lieutenant Governor, but |
he question is, what is the mode prescribed |
y law to ascertain the absence Of the Gov
rnOr! Is it evidenced by pay, or by the
of witnesses! The law has pre-
cribed no mode by which this NAV be as
rfo nd IN no IL
Lieutenant Governor or the public that the |
after may understand to whom 10 look as |
he controlling power.
1t the Legislature has passed law by |
which the fact Of the Governors absence |
hould be brought to public notice. then |
hat mode ought to be pursued. They |
'assed none.
All States should provide authentic evi-
ence OF such transaction, and an- State
Which fails in this. fails in its duty.
During the absence of the Governor the |
Governor pardoned man con
ned in the PeDitentiary, but our courts have
o right to recognize such pardon unless
here were evidence that the person who
lgned it was properly acting as Governor.
here Is not particle Of evidence TO show
hat he had right to act as Governor. The
violence which seeks to establish the ab-
ence of the Governor from the State must
OF be that OF witnesses, it must he docu-
lentary.
Suppose the Governor should at any time
hose to absent himself! The law has not
rovided how that absence shall be made
noWn, but leaves it to the discretion Of the
Governor himself, because there is no law.
in the judgment Of the Governor the
overnment of the affairs of the State will
e affected, then he will leave directions
18th the Lieutenant Governor, and if he
ails to do So he is liable to be punished by
impeachment Another principle would
pen the judicial door of inquiry into every
ct performed during his absence. Were l
ae Governor, l would bring back the man
ardOned by the Lieutenant Governor, and
st the tact whether the courts would
ecognize such proceeding on his part.
Everything goes to show that this ques-
on Of absence is left entirely to the dis
retiOn of the Governor. Never before in
le history of this country has a lieutenant
Dvernor tried to exercise the functions of
ne governor, except at the request OF the
kecutive, Or in the. event Of his death
dept the other theory, and the public
lbors under state of uncertainty. There
re the evidence can not be introduced as
How did the Auditor know the
lieutenant Governor Dunn9 Has he estab-
shed court of inquiry to ascertain the
osence of the Governor! He adiudicated
'e fact by paying Lieutenant Governor
unn.
Judge Emerson sustained the objection
ade by Mr.. Semmes, remarking at the
me time, that the evidence of the Gov
nor's absence must be documentary;
I'd he might have gone further and said
this case the document must emanate
ON the Governor. In case Of death or
movAl from Office of the Governor, an alb