New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-03-18


was referred to the omnibus bill COM
| mittee.
/ [Mr. Davidson, of Livingston, in the
| chair.
The special committee appointed to in
| vestigate the charges against Hon. George
w. Carter, of Cameron, submitted the fol
lowing report, which was received and
read:
! To the Honorable Speaker and Members Of the
House of Representatives,:
| GENrLEMEN-Your special committee to
consider and report upon the case of Hon.
| G. w. Carter member from Cameron
| parish, beg leave to state that they have
| had the matter referred to them under care
Iul consideration, and respectfully submit
| the following report aud resolution for your
adoption:
| The committee have carefully examined
| the allegations and ruulOrs against the hon
orable member from Cameron. to wit: That
| said Carter. while inspector of live stock,
| had failed to make to the Auditor of Public
| Accounts the reports required 10y law, and
| had also refused to pay certain moneys due
| from his Office to said Auditor. and WAS thus
| in default to the State.
| In examining these charges, your conf
| mi;tce took the testimony of Mr.. Graham,
| Auditor of Public Accounts, MIR. Mayne,
inspector in the Auditors office, Mr.. Nc
Knight, chief deputy inspector OF stock.
and Mr.. r. Bloomcr.
! We also had before lis the books of the
Auditor, OF the inspector of stock, and the
reports OF said Inspector. together with
! letters from the attorney OF the inspector,
| Alfred Phillips. Esq. and of Attorney Cen
eral Belden, to whom the law question i'll
volved had been submitted by the inspector.
Said letter is herewith submitted to your
| honorable body. and made a part Of this re-
! port.
1t appears from the testimony that re-
| ports were promptly made whenever an v
| public funds We're in the hands Of the in
| spector, aud that said reports were verified
| by the Inspector OF the Auditor, and ac-
cepted by the Auditor rs correct: and that
said reports were promptly made and deiv-
cred, except in one instance during the alb
sence of the inspector. His deputy, Mr..
| Mcknight, thinking he detected an error
therein. held up the report until the return
of the inspector of stock; i'll the meanwhile
informing the Auditor of his reasons for SO
doing. 1t appears further in The testimony
that there was a difference between the in
spector and Auditor in the Interpretation OF
TIE law creating the office of inspector of
stock. The law prescribes that one half of
the proceeds Of the office should he retained
by tie inspector, and the other half paid to
the Auditor of Public Accounts for the ben
eft of the school fund The inspector cor
strued the law to mean that he should retain
onehalf of the net proceeds, less the neces-
sary expenses of the Office. and the expense
of litigation, collecting the fees. and the
State should receive the other half; hut the
Auditor claimed for the State une-haH of
the gross proceeds OF the office, thus re-
quirins the inspector not only to pay the
deputies employed. but also Office rent,
clerks hire, stationery. and the expense Of
all litigation. though said litigation was as
necessary for the protection OF the State as
OF the inspector.
The whole amount involved was titty-two
hundred (S5200) dollars. covering a period
Of eighteen months. under the construction
OF Mr. Graham, while the State would re-
ccive half of this amount. leaving out all
compensation to the inspector and deputies
The whole of the remainder would be
doublv consumed by Office expenses and
litigation. thus making the Office worthless
Mr.. Carter was sustained in his construction
of the law by his attorney. Mr.. Alfred Phil
lips of the firm of Roselius & Phillips. Not
recognizing the Auditor as law officer au
thorized arbitrarily and auth"ritatively 10
construe the law. the inspector referred the
matter to the Attorney General for his
opinion. informing the Auditor o: said refer
ence. ana agreeing 10 ne governed pS the
Attorney Generals decision.
In the meantime Mr.. Carter, being mem
Der elect to the General Assembly. resigned
his position as inspector. and through his
chet deputy. Mr.. Mcknight, rendered not
only the thirteen hundred dollars due the
State under his construction of the law, hut
also twenty-siX hundred dollars claimed bv
the Auditor under his Interpretation of the
same-the Auditor declining 10 receive the
tender ON the ground that the matter bad
been placed IN the hands of attorneys for
the purpose of instituting suit thereon. The
accompanying letter OF the Attorney Gen
eral will show the objects of the suit to have
been to ascertain jjndicially and authorita
lively the true construction of the law in
question. and not to place the member from
Cameron in the attitude of a detaulter to
tho State. Said letter will also show that
the State is amply protected from loss not
only by the bond of the Inspector. tiled in
the Governors office, for five thousand dol
lars, but also by a deposit OF twenty-six
hundred and fifty dollars. to cover not only
the claim but the costs OF suit. said deposit
being made by Mr. Carter pending the suit.
and subject to the orders of the court there
upon.
Your committee find, by careful examine
ton of the testimony, that Mr.. Carter has
faithfully discharged his duties and gone
beyond the requirements of the law in
rendering protection t" the State. and
placing himself above suspicion as an honest
custodian of public funds: and they would
conclude their report by recommending the
passage of the following resolution by your
honorable body. as due alike to yourselves
and the honorable member from Cameron:
ResOlred, That as the sense of the House
of Representatives. that there has been
nothing in the official conduct of the Hon.
G. w. Carter as inspector of live stock
prcjudicial to his standing as a member Of
this House. or rendering him ineligible to
his seat therein; and that this report,
together with the letter of Attorney General
Beldcn, addressed to the special committee
appointed upon the ease of G.. w. Carter.
and this resolution be entered upon the
journal OF TIE House.
JAMES b. WANDS,
Chairman
j. HENRI BURCH,
H. ii. STEVENS.
ATTORNEY GENERALS GPFICE.)
State of Louisiana,
New Orleans, February 2, l8Il>
To the Honorable the Members of the Special
Committee on the case of the Hon. George W.
Carter:
GENTLEMEN-I beg leave to state that the
object OF the suit against George w. Carter
is more particularly to determine a question
that has arisen requiring judicial inter
probation. in connection with certain cX-
pcnscs Of inspection of animals under the
slaughterhouse law.
The question was submitted to me by the
Hon. George w. Carter, before suit was in
stituted, and in order that the matter
might be legally determined referred it to
a court of law.
Hon. George w. Carter has rendered
$06OO the amount claimed and will dcuoSit