New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-01-31
WHOLE NUMBER 1852.

board would have told them where they
were.
1S Mr. Ray-The members of the Legis-
lature returned by the DeFeriet board met
and elected the board of which the witness
was member. Under the new law all the
returns before the board had been opened
before they came into the possession of this
board
a To Mr.. Trumbull-Did not saw where the
returns were for fear the United States
military would take them from the board.
The military authorities of the United
States evidently iuterfared with the organi-
zation of the Legislature. The Pinchback
government was upheld by the United
States forces. 1t could not have been sus
tanned without.
To Mr.. McMillen-As a rule the tax
payers of the State do not recognize the
Pinchback government, and will not pay
any taxes levied by it.
TO Mr.. Ray-All that the Pinchback gov
ernment has done was by DurelPs decree.
To Mr.. Morton-The fusion Legislature
is recognized by the fusion party, but there
are few of those returned by the fusion
board who have acted IN the Kellogg Legis-
lature. He suppOses that the Republicans,
as q general thing, recognize the0KellOgg
Legislature, but witness knows some who
do not; thinks that great majority of the
people of the State do not recognize
the Kelloggites and do not recognize the
fusion Gegislature; voted for McEnery; was
perfectly Indifferent concerning the presi-
Dental contest, and really don't Bnow
whether he voted for Greeley or Grant.
Thinks that the taxpayers, ninety-nine-
hundreths of whom are fusionists, will re-
siss the payment of taxes to the last ex
tremity if the Kellogg government is sus-
tanned. Durell has refused TO allow the
question of the legality of the Kellogg gov
ont to tn ha tod Sfaf
Court. and witness, with others, means to
take the question there on an issue in re-
gard to the taxes. He makes the statement
concerning Durell's refusal on the authority
of lawyers who were in court at the time.
Governor WarmOth and General McMil-
olen said that Judge Durell took the matter
under advisement on the sixth of Decem-
Der, and has kept it since without de
cisiOn.
Governor Warmoth put in evidence pro-
test against the Kellogg government, signed
by several prominent taxpayers of New
Orleans who voted the Republican ticket
at the last election. Among them were +.
II. Summers, president of the Crescent City
National Bank; Samuel II. Kennedy,
president of the State National Bank
j. II. Oglesby, president of the Louisi
ana National Bank; w. Van Norden,
president of the Louisiana Savings Bank.
and Patrick Irwin, president of the Hiber-
MIA Bank.
Witness is secretary of an association of
citizens formed to resist unconstitutional
taxes: the association was formed under
the Warmoth government, and if the State
Supreme Court decides that the Kellogg
government is legal, the members will ap-
peal to the United States Supreme Court;
If the McEnery government is sustained,
they will appeal on the question of certain
taxes, but not against the government it
self.
To Mr. Morton-Thinks that most of the
local officers elected in New Orleans are
Democrats, and that they were commits
stoned By Governor Warmoth prior to
Judge ngrells decision.
Mr.. Kay said that these officers were
forcibly installed upon the returns of tho
returning board.
Mr.. Boyee said that all the city officers of
New Orleans who were returned by the
Lynch board have been commissioned by
Plnchback. 1t is true that throughout the
State some of these officers may have re-
fused pinchback's commission, but witness
does not know of any.
To MIR. sTrumbull-All officers returned
by the Lynch board have been commission
ed; al Democrats commissioned were re
turned by both boards; all those returned
by the Lynch and not by the DcFerict
board were Republicans.
70 Mr. Morton-The recognition of the
rival governments is simply party qucg-
ton; the Democrats returned by tho
Lynch board have all accepted their com
missions from Pinchback in relation to the
payment of taxes, witness said that if Cou-
gress should adjourn without settling the
question of the legality of the Kellogg gov
ernment the poorer taxpayers would prob
ably pay their taxes after a while, but
those who were able would continue TO
fight the question in the courts.