New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-08-01

the appointee, applied to the Superior
Court for a mandamus, to compel the
Treasurer to deposit the State funds in
his bank. The court decided that the
Treasurer was the sole fiscal agent recog-
nized by law. 1t gave the very proper,
though extravagant opinion, that "the
practice Of banking the public funds, for
the purpose Of speculation, was illegal
but did not impugn what was not, in any
sense, before the court, the legality of the
funding act.
The Bulletin, departing from this text,
goes on to charge corruption and ille-
gality in the funding act, which it pledges
itself to attempt to prove, if allowed
adequate access to the public records.
This then is the legal attitude and as
pect of the question. The funding bill is
not impugned at all in the courts. A
partisan press in attacking the Repub-
ican administration makes the usual
threats, but until some party in interest
shall make case for judicial inquiry,
these threats will be regarded as merely a
bull movement the effect of which may be
to advance the State bonds in market few
points. The Bee, not understanding this
ordinary American ruse, explodes with
indignant apprehension lest the whole
nominal debt of the State shall
be recognized and reimposed on the con-
triJuables or taxpayers. 1t demands to
know if the Bulletin wishes s'to annul the
funding bill and recognize the s25, 900, 900
of debt which the Warmoth government
bequeathed to Kellogg" But the Bee
makes some sarcastic references to the
Bulletin. The New York and foreign job
bers are told by the Bulletin that the fund
ing bill defeated, they will be paid in full.
The Bee is ignorant with whose money it
will be paid, "unless with that of the Bull
letin itself, which has not commenced its
career as journal which had millions at
its disposal"
The Bee also says that the Bulletin has
no fixed financial theory, but seems to
throw out here and there ideas out of
season and alien to the situation of this
State. Itappears boldly, audaciously to
hoist the flag of brokers, spectators and
jobbers. 1t can do so, but it will be per-
mitted to the Bee to hoist the flag of hon
est people. 'This has always been its
flag and will be forever"
1t is in this character that the Bee de-
tends the funding bill from the attacks of
the Bulletin. The latter paper has said
the funding bill had not passed both
houses; that it was changed, modified,
garbled and then promulgated in the
shape which best suited the executive.
This statement says the Bee, sis COM
pletely inexact." If any bill has been
discussed and voted on by the Legislature
it is the funding bill. It has occupied
the Legislature and press more than three
weeks. The Bee had written more than
twenty articles in its support.
All this defense naturally involves the
Bee in the inconsistency of defending the
legality of an act passed by "psuedo'
Legislature and ''usurper" executive.
While we hail with pleasure what may be
an act of reluctant justice, it can not be
regarded as sound logic in the Bee to say:
1t is not US who defend the legality of
acts voted by the Radical Legislature, but
if we should attack them it would be rather
those which have benefited than injured US.
We respectfully remind the Bee that in
America there are no comparative de-
grees of legality. Our courts do not en-
force an act because it is more or less
mischievous in effect, than another, they
affirm or annul all acts of legislature
whose authority has been controverted
according as that legi stature, has, or has
not constitutional authority for its action.
The Bee has stood by the contribuables
faithfully, and we und ersta nd its position
to be this, that rather than recognize the
legality of the Warm 9TH Fusion debt, it
will recognize the LEGALITY Of the Radical
Legislature This would be wise, for
while politics are ephemeral and transient,
debt, interest and taxgatherers are per-
petual.