The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-04-22

they could have purchased the st. Louis
Hotel themselves for StateHonse for
Sl25 900, and placed it in perfect order for
fair and defensible operation; but instead
of this these unjust stewards deliber-
ately determine TO squander
S7s5,OOO,
in order to fill the pockets OF few poltl-
cal friends and supporters Of the usurpaton.
gard it as quite probable-that this little
game, which has been managed with Won
ierfnl adrotness and secrecy all through,
will fail utterly by reason OF just one fact
1t Is Illegal.
The conspirators have fortunately made
one mistake-they have left out of their
calculation entirely the clause in tEe Consti-
tuition limiting the State debt, and they
have forgotten that the Supreme Court has
decided that the limit had been reached,
obligations, except such as are absolutely
needed for current expenses.
The Legislature had no power to author
ize the Board OF Commissioners to enter
into contract. binding the State for any
number of years, and the clause in the Gen
eral Appropriation bill, comforting such
powers, is to our mind
Clearly Umconst ntiOnal.
1t would not be contended that the Legis-
lature could have empowered the board to
issue $3.50, 900 worth Of bonds because that
would be clearly exceeding the constitu
tiona limit and it will not be denied, that
the contract which these commissions rs
have entered into is a more binding obliga-
ton upon he State if legal, than would be
bonds themselves; because there would be
no specific appropriation for the payment OF
the bonds while there is a specific appropri-
alton contemplated to meet this contract.
1t is also violation Of article lO4,
which says that no money shall be paid ont
except in pursuance of a specific appropria-
ton, whereas, while contracting to pay
$40, 900 the current year, the appropriation
actually made is on.y S5S, 900. The conspi-
rators evidently, i'll this connection, were
bewildercd by the magnitude of their con-
templated fraud, and failed to make their
appropriations equal to their proposed
wrong.
StflI Another Point,
which proves the illegality Of this contract,
is found in the provision of the Constitution
which declares tina, no debt shall be made
of more than 100000 without providing the
means for the payment Of the same. In this
case just as though bonds instead of m ney
had been the consideration for the lease, the
debt would be invalid unless d special tax
had been levied to raise the money where
with to pay it as the same might become
due.
We appeal to Attorney General Field, in
behalf of the State, to interfere and protect
our people from this attempted outrage.
We are the more embOldened to make this
appeal because of the growing conviction
made upon our minds by his vigilance in
protecting the State, in the last few weeks,
against the spurious and dishonest claims
made upon the Treasury in the second and
third S. ction of the same appropriation
officer
The following is certified copy Of the
lease which Mr.. Kellogg has characteristic
ally attempted to make operative, yet
failed to sign:
STATE OF LOUISIANA,
Parish of Orleans. !
TIE Louisiana National Building Associa-
ton, a corporation duly organized under the
laws of the State of Louisiana, through its
President George C. Benham aud Secretary
Robert Z. Rivers, acting herein by virtue of
and III pursuance of a resolution of the
Board OF Directors Of said corporation, a
duly certified copy of which resolution is
hereto annexed, hereby agree to lease to the
State Of Louisiana, herein represented by
VIM. p. Kellogg, Governor, G. c. Antoine,
Lieutenant Governor, and Charles w. Low
ell, Speaker of the House of Representa-
tves, who compose and constitute the Board
Of Public Buildings, under the authority OF
Act No. 50 of the Legislature, approved
March Is, 1874, for the term Of nineteen
years from the date hereof, that property
known as the St. Louis Hotel. situated in
the square bounded by ST. Louis, Royal,
Toulouse and Chartres streets, at the yearly
rent of $4,000, payable quarterly, viz: On
the first day of April, July, October and
January of each year, in equal installments;
and during the period Of this lease it shall
be exempt from State and municipal taxes,
during which time the said buildings are to
be used by the State for the various Execu-
tive departments, and for the General AS
sembly, and the State hereby agrees to keep
the said buildings and premises in good or
der, to put nothing therein which would
forfeit the insurance, deliver up and return
the same at the expiration of the present
lease in equal good order.
Signed in duplicate at New Orleans, this
Q7rh) seventeenth day of April, 1874.
Witness:
J. II. MCVEAN,
X. K ANDERSON.
GEO. c. BENHAM,