The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-10-27
THINGS IN GENERAL,

| THE CLAY-INGRAHAM CASE.
Judge Abel yesterday decided the contest
case of John r. Clay and JAS H. Ingraham
for the position of Clerk of the Second Dis
| trict Court. The circumstances that led tc
| the contest are as follows Ingraham, who
held commission from Kellogg as Clerk Of
the Court, was removed by Kellogg to punish
hun for thinking for himself and giving an ex.
preston Of his thoughts, which were by nc
means favorable to Pitt, and Clay was ap-
pointed to fill the place Ingraham, when
Clay presented his credentials, objected to his
being sworn, and the ball opened.
Judge Abel decided in favor of Clay. In
his opinion, after quoting the law and deci-
sions of the Supreme Court bearing on the
case, he said: am forced to the conclusion
that the Executive has power to fill vacancies
in constitutional Offices, out no constitutional
power to suspend or remove any officer whose
Office is created by the constitution, unless
that power be specially conferred on him by
that instrument. When All appointment is
made and a commission issued, subsequently
and while the Office is filed by appointee, it
is declared by the Supreme Court to be in
operative and void.
To the public it can make no difference
which receives the fifteen thousand emolu-
ments, the people have to foot the bill for
either: but it is of vital importance to the
State and people that the offices should be un-
der constitutional and legal control, and not
at the mercy Of Executive will For the fill
ing a vacancy in the Office of clerk the 81st
article of the Constitution makes am
pie provisions. and the 4SOth section of
Rays Revised Statutes provides for their re-
moval in these words: "Whenever complaint
in writing shall be made against the clerk of
a district court it shall be the duty of the
court to appoint day for hearing the evil
dence, when the court shall render such judg-
ment as may be proper, and in the meantime
the court may suspend the clerk and appoint
another pro tempore."
l entertain the opinion that this Court is
without jurisdiction to determine the matter
in controversy, and adopt my ruling in the
case Of Bienvenue VS.. Shaw, decided about
August, 1855, receiving the last commission
as pri,aa facie evidence that the Executive had
not transcribed his authority. And, while I
thus rule, cannot withhold an expression of
regret at the apparent assumption of power
by the Governor, which appears, from the
Constitution, laws, and adjudications thereon,
to be in violation of both their letter and
spirit, and an encroachment on the rights of
the judiciary, and dangerous to the liberties of
the people and their children, by centralizing
the power legitimately belonging to the State
and people in Executive hands.
l am Of the opinion that Gov. Kellogg has
erred by invading the rights of the judiciary
and of this court, by removing its clerk in a
manner not warranted by either the Constitu-
flor, 10 nf tho Cfa<o R.,fI ou
risdicticn on the merits Of the controversy,
Mr. j. II. Clay's commission must be spread
upon the minutes, and after executing his
bond and taking the required oath, he be re-
cognized as the clerk of this court
Pretty rough on Kellogg, is it not ? and
yet it is law and logic.
A SUGGESTION.
The Kellogg crowd have been having all
tn e fun that the Enforcement Act permits,
and, indeed, considerable. more enjoyment
than its provisions authorize, and we now
suggest that the Conservative people take
hand just by way of variety and give those
fellows taste of how it is.
Let form of an affidavit under the ku-
klux Act be prepared and number of copies
struck off and placed at the different polls on
olectlOu Gay. W men nltufallZeu anu regis
tered citizen is denied his right to vote for no
reason save his political opinion, let him set
forth the fact in one Of the blank affidavits,
charging the commissioner with the offense,
md swear to it. The documents can then be |
presented to the United States Grand Jury for
heir action. |
SCHOOL FINANCES.
At meeting of the School Board, held last |
light, the report of the Finance Committee
vas received and adopted 1t showed the
ollowing
The State tax receivable for 1871 is S112,-
'67 49, less unascertained share of general |
State expenses. Of this amount, S2S, 1879 60
lave reaceed the treasury of the city. A fur
her distribution, we are informed, will take |
,lace in December. There is certainly a
arge amount due to the city.
The city tax levied for 1874 amounts to
1927, 2S3 80. The collections thus far amount
o STA, GA IS, leaving the large sum of S14 >
rs 81 outstanding, or to use the language of
he law, delinquent
The estimate of debt and expenditures for
he year 1875 is set down at s486, 500, and the
,ity Council is in resolution asked to levy
Ak OF at least one-fourth of one per cent per
mum.