New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-01-29
WHOLE NUMBER IT

aua has been that holding over member
ei eltnef House may object to the admis-
sion OF any new members, whereupon he
must stand aside until his case is decided
| by a quorum.
10 Dir. Ray-The witness left tho X elIooo-
| senate on the third day of the extra ses
SION; has been told by Todd and Hunsalyer
| VINO lett at the same time, that they went
back at the regular session and remained
| with the Kelloggites week or two.
Mr. Lynch re called and examined hv Mr.
Morton-Recognized the addentia to the
| Presidents message as fair abstract q f the
| evidence before his board.
Mr. Morton asked that the document he
entered as evidence to show upon VIII at evil
| denee the board proceeded.
Mr.. Lynch submitted certain evideece in
regard to Bossier parish, omitted from the
above mentioned abstract
Mr.. Morton called for "a list of the oleeis-
lators returned by the Lynch board, which
Mr.. Lynch prod uced.
General mcMillen recalled aud examined
by Mr.. Carpenter-Neither of the Legisla-
lures had any returns from the parishes:
the only evidence of membership was the
list of members sent by the Secretary of
State.
p. B. S. Pinehback sworn and and exam
Ined by Mr. Morton, in connection with
MIR. Lynch-To ascertain how many of the
members of the Legislatures returned by
the Lynch board were returned also by the
De Ferliet board, lists of members were
called, and it was shown that tifty-eight
members of the House were returned by
both boards, of which twenty-seven did and
tventy-nine did not appear in the Kellogg
LEGISLATURE on the day of its organization;
on the second day four more appeared; the
whole number who appeared in the House
on the first day was sixty-ive; ON the sec
ond sixty eight; eight Senators were re-
turned by both boards, all of whom were
present at the organization; fourteen of the
holding over Senators were present. Mr..
Lynch believed that, according to the best
evidence before his board, the persons re-
turned by them were elected.
Mr.. Pinchback testified in answer to
questions by Mr.. Morton, that Messrs. Nc
Millen, Todd, Campbell and Hunsaker,
who were old Senators, were expelled from
the Senate on tho ground that they were
participating in another body; they were
expelled during the extra session; does not
know whether any others were expelled
after that time. and before witness was
elected to the United States Senate; Hun
saker and Todd were reinstated during the
extra session.
Mr.. Pinchback then corrected his state
ment and said the vote upon the expulsion
of these two had not bee n passed when they
re urned. Three otherI, including Hun
saker and Todd, went off again, and were
expelled after witness was elected Senator.
To General McMillen-Was elected Pres
ident of the Senate December 6, 1871. Af-
ter his election as President he acted as
member of the Sen ate; did so because Ger
eral McMillen and others then acting with
him said his vote was absolutely necessary,
while they did not consider it exactly con-
stitutional.
Mr.. Morton read section sixty Five of the
,,fI vi, ,nI,, y ~.
vacancy in the office of Lieutenant Gov
ernor, the Senate shall elect a president,
who shall be Lieutenant Governor Mr..
PiRchback thought his term as Senator
expired November a. He exercised the
functions Of President of the Senate after
that time, but took no other part in legIsla
ton.
To Governor Warmoth-A person who
acted as Judge of the Eighth District Court
enioined witness from acting as Governor,
on the ground that his term of service as
Senator had expired, but Elmore had not
then been returned as judge by the Lynch
board, and he did not recognize him as q
Judge; don't know whether Elmore subse-
quently issued a judgment in accordance
with the above because he did not pay any
attention to him.
Mr.. Carpenter asked General McMillen
whether he advised Pinchback to vote, and
the General replied that he advised Pinch
back that he was not Lieutenant Governor,
bat ex-officio Lieutenant Governor; that he
should sign bills as such, and as a member
of tho Senate had right to vote.
Governor Warmoth said that six days
after the passage Of the act in question, the
Legislature passed joint resolution pro-
yiding that the President of the Senate,
while acting as ex-officio Lieutenant Gov
ernor, shall receive the compensation of
Lieutenant Governor, and that at the next
session Of the Legislature the ex-oflicio,
Lieutenant Governor assumed to take part
n the organization of the Senate, ana that
.he Senate decided that he was no longer
Lieutenant Governor, his term as Senator
having expired. Finally the question wheth-
II an ex otliciO Lieutenant Governor and
Senator may vote as Senator was post
Doned for future consideration.
George h. Paris sworn and examined by
Mr. Morton-Is o member of the Pinch
back Legislature. Was declared elected by
the Lynch board only. No members of the
House were expelled after the organization
Of the Legislature. Most all of the Dem
ocTats withdrew after the organization
To Governor Warmoth-Five or six days
after the organization two men were seated
in the House in place of the representa-
tives from the tenth and eleventh wards
who did not appear TO take their seats.
TO sir. Morton-These parties were the
DUIN OlitS WiO Cidllltu btdtS, lsSy WtIb bu-
mitted subject to contest, and voted in the
senatorial election; man was admitted in
a similar manner from the eighth ward; no
persons we're admitted to take the place of
those who seeded; Mr.. Ray received the
unanimous vote of the HOuse-seventy-s
Mr. Pinchback got forty-nine votes; Mr..
Pinchback added that twenty.one votes
were cast in the Senate, of which he re-
oeived twelve; Mr.. Ray said that he got all
but one vote in the Senate.
To Mr.. Trumbuli-W as elected in Orleans
parish upon the returns of the United States
don't remember whether there
were one or two United States supervisors
at each poll Witness finally said he did
not know whether the returns were signed
by the United States supervisors; knew he
was not elected by the returns of the State
officers.
To Mr. Morton-Thnks there were seven
voting precincts published; did not know
where the eighth poll was until about mid
day, when the poll was found without O
United States supervisor. Was elected by
ont the eighth poll. His opponent
had three candidates opposed IT, him, " no
cut down his vote 500 or GOO. i friend ap-
pearcd at the poll to vote, and found some
Dne else had voted on his name. He had no
doubt this was done in many instances
Mr.. Pinchback examiner by Mr. Morton
Mr. Lewis was returned by the Lynch
board; Mr. Masicot contested, and obtained
Lhe seat in the Kellogg Senate Don't think
Mr.. Lewis ever took seat, He abandoned
The contest on the second day. The com
nittce reported in Mr.. Masicot's favor. He
was seated by the vote of thirteen of tho
Senate. Thinks no was not seated until
lhe report was made.
Governor Waruoth said be was seated
pending the contest, and the contest has
never been decided
General McMillcn submitted the official
Journal of the State dated seventh OF De-