New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-02-04

item: Payment OF cercnceCes iscueu
Benjamin We'll, according to contracts
June q, 1864, $l4o,se4 g." Not beng sas
the board of liquidation to take up thes.
,.arrsnta. consulted the journal OF the
House for 1868 and 1869. l noticed there
Nd Laen several Intellectual attempts made
1 =" nass a bill for the relief Of Benjamin
We'll. and the proceedings OF the senate
show that some Senators thought tne cram
illegal. the supplies having been contracted
for under the Confederacy, anu hie pay.
The constitution. was not only surprised
at seeing this item in the Auditors report,
Int Senators Blackman and Kay also ex press
ed their establishment at it. went TO the
And;tor's Office on Saturday and inquired
under what law this claim had oeen PAD:
I was told by the chief CLERK tnat nae
been paid by order OF the BOard OF !Aqu-
Sa,;on' and / was also informed that it was
maid without the consent OF inc Auuitor
and bv the Governor and Mr.. Gaines.
Mr.. AndersOn-That is false statement
m the part of the informant OF the senator
The certificates were left in the AUDITORS
office. examined, found correct, and CERT
fed to.
Ouachita (Mr. Ray) has received the same,
or very nearly the same, information: ae-
sire this resolution to provide also for the
investigation of another item, to which our
attention has been called in the Auditors
renort II seems that the lessees OF the
Penitentiary have been paid the enormous,
sum of $257 1856 q, also on certlhcates Of
Indebtedness. which, added to the Niel
claim, makes the total sum OF e3?o; ~ w
in certificates of Indebtedness which have
been taken up by the board OF li4mdaiOn
without any authority in law. Well nay
the people Of the State demand reform when
thew see the public money expended and
ohligations incurred by the State without
warrant or authority. desire this mater
to be referred to special commlttee Of
three, and hope my resolution VIII pass.
Mr.. Lynch-I did not intend to say any
thing upon this subject. but it has been
assumed that the Finance Committee is
opposed to reform, and opposed to THEM
yestigatiOn of any claim which has been
illegally collecteD from the State, and l
deem it my duty to reply. say to the
Senator from the Third District (Mr. In
graham), and the Senator from Ouachis
(Mr. Ray), that l know nothing as to tls
manner in which this claim was paid, and
| 40 far "a l am concerned, it shall be thor
oughly investigated by the committee Of
which am chairman, if it is directed to do
so. I have passed upon this claim more
| than once: / believed it to be illegal then,
| and believe SO now; but | do not set up
NV opinion against that OF Senators who
| think otherwise. l doubt whether this mat
ter could be investigated more thoroughly
| by a special committee than by the Finance
| Committee. This custom Of appointing
special committees to investigate matters
| which come within the purview Of regular
| committees should not be tolerated longer,
| "a it tends to cast suspicion upon the COM
mittees regularly appointed.
Mr.. Ray-In looking over the report OF
the Auditor two days ago, l found this
| item of Sl4O,894 80 as having been paid on
| the certificates of indebtedness issued in
favor of BENJAMIN We'll. l recOl!ect Of that
| claim being before the Legislature at least
two sessions since 1868. AT those different
times carefully investigated it, and ar
| rived at the conclusion that 1t was fraudu-
lent, and without any basis either in law or
equity. Iknew the Legislature had made
no appropriation to meet it, and was, there
| fore. surprised to see it in the Auditors
accounts l. forthwith proceeded to the
Office of the Auditor, and inquired under
what authority these certificates had been
Maid, He told me they had been paid un-
der the orders OF the liGuidatOrs, in accord
ance with the law of 1870.
Mr.. McMillen-When were they paid
Mr.. Ray-In March, 1871, think. They
were paid under the law passed in 1870, and
not under the supplemental bill adopted in
1871, asked the Auditor how it was that
they were paid under the orders Of the
board of liquidation, as l could find nothing
in tho act authorizing them to pay such
claims. He said that when the liquidaos ,
met in the Governors office tMr. Lyncf
being present., he 1.-THE AUDITOR o6Jeetedn 4
their payment as not coming within @
purview of the law, but that the Goven@
and Mr.. Gaines thought they did, L.
Lynch concurring in that opinion. Hew
therefore, Overruled. and had nothing toe
in the matter but his ordinary rOutiMd
business. II
Mr.. Lvnch-Do l understand the Senar
to say that the Auditor told him assenM
to the legality Of the claim
Mr.. Ray-He said that when the borl
LOf liquidation first met in the Governs j
office, Mr.. Lynch, Mr.. Gaines and his ext
lency being present, the question camep Z
as to whether these were the kind OF ca
tiicates that we're embraced by the E
and that Mr.. Lynch cOneurred in the OPT
ion of the Governor and Mr.. Gaines. f
Mr.. McMillen-Did he mean his own &C
tifcates!
Mr.. Ray-He meant that any certifcat
of Indebtedness were to be included
Mr.. Lynch-Will the Senator expaI
what he means by ''any certificates Of Y
debtednesl"
Mr.. Ray-There are cases where u
|
Gates of Indebtedness when no appropna
ton has been made. He said he was oPt
posed to paying any of those that did noIs
in his opinion, come within the meaning w
that law, but was overruled. An examlpT
ton of that law satisfies me that MIR. ufS
ham was right, and that there was no sGs
thority for the board of liquidation to pa!
any claim when the Legislature had nov
made an appropriation to cover IT. , tS
| Seuafnra w wara here in lShS ana lcS
know very well that this claim OF Bel'
min We'll was before the Legislature two@
three times and was rejected IN every "
stance. Mr.. Pera,ta, formerly Auditor ',
the State, as will be seen by examlnsnIi
| of his last report issued a large numoel,u,
these certificates of Indebtedness, anu !uo
: Legislature has only made an approprlS.u.D
to pay enc of them since the reconstruct
of the State. l have forgotten IN WIFE,
; favor that certificate was drawn. aPp.ss
, bend that all the balance of these ceiu.
Gates are included in the misceliapeesss
, debts of the State, as reported by the ~
ditOr. This matter should be thorousI.
, | investigated in order that we may as1e
= tain whether the board of liquidation ~
paid claims without any warrant ID ~
and inasmuch as the Auditor INFORMED
!, that Mr.. Lynch had expressed an opuS.
ON the subject, and that Senator Andei a.~
. another member of the Finance Comms.;s ,
: is directly interested in the result, W. wv
, it proper to appoint special committee
= that purpose. do not wish to say any..
;. disrespectful of Senator Lynch; moS
q think his Judgment was in error when w
). pressed that opinion.
q Mr.. Hunsaker-l think it advlsaoie r r@
! fer the whole matter to the judiciary Sss
a mittee, as it will give the Senator
!. Ouachita (Mr. Ray, an opportunity ~