New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-07-02
ORLEANS,

w
he knew Of the funding of the $l3S, 600 o
warrants after it was done; he was NO
present at the meeting; thought it was Z
special called one: must have overlooked
the notice if it was left; his first knowledge
vas in September; don't know who called
the meeting and couldn't recall the circum-
stances, but was sick at home at the time
There were seven in the board then and he
and the fiscal agent we're absent; perhaps
ono other; was about preparing an address
to the people on the debt and asked the
Auditor about it; thought it was mistake
that they were funded, but did not consider
them untundable; issued the proclamation;
knows nothing of the issue Of the warrants;
is in constant communi cation with all Off
| cers; requested tho Attorney General to
apply for an injunction on the appropriation
bill.
Mr.. senmes objected to testimony Of cot
versatlon ON the appropriation bill.
Colonel Field said the object was to show
tho insincerity Of the Auditor in sheltering
himself behind the opinion of the Assistant
Attorney General, when he knew the law
was unconstitutional, and that he had done
wrong in issuing the warrants. The State
might as we'll abandon ths case il cut of
from all testimony.
The coart said the Auditors opinion had
no effect, and Mr.. Ssmmes read the answer.
showing the claim was not on an opinion
but that the injunction had been raised.
Mr.. MARI argued that it vas to show the
Auditor had not acted in good faith; that
anterior to the opinion of Judge Dibble he
had agreed with the Attorney General and
Governor that the appropriation was un.
cons titutional.
The testimony was excluded and the At
torney General excepted.
Governor Kellogg, continuing. said the
Auditor was aware of the injunction on the
second section before tho bill was promul-
gated; he might not have intended 70 20
away as soon as he did, but he went away
then and so no warrants could issue; would
have advised him to 90 away, because par
ties interested would make assaults on the
treasury - soon a. the bill was promul-
gated; did advise him not to issue any war
rants on appropriations where there was no
limit. the section also being unconstitu-
tionaI, because not included in the title; the
circumstances passed out OF my mind long
since; don't know how long the Auditor
stayed edaway-sweek or ten days; DOM know
that there are several trunks full or 81, ,000,-
600 Of Pinckney Smith variants outstand-
ing, but think there are great many; was
in the city March II; don't know when che
Attorney General was absent; may have
been after August %; Monday was the reg
ular day OF holding session of the Funding
Board; special sessions were called at any
time; not much was intended to be done
until the constitutional amendment was
adopted; don't know Armstrong, or the
claim SC called.
To Mr.. Semmes-The funding bill was in
suspense till the amendments were adopted.
1t was determined at one time not TO
fund warrsnts-sfte1 these warrants were
funded.
George Drury testified that he vas clerk
Of the board of liquidation, and remembered
the funding of the $13s.O00 BY w. G. San
ford, Who signed tho application; don't know
who called it up. nor if the minutes show;
it was discussed several days, and the
opinion Of the Assistant Attorney General
asked. He first informed Auditor Clinton
he could sign the warrants that had been
made out. Mr.. Clinton said they were not
signed after tho application had been pre-
sented. All the meetings at that time were
either called or adjoured; don's know who
called it. Left tho notice for Governor
Kellogg on his table the day Of day before if |
it was called meeting. Ono thing in the
before the committee may be IN
error; Mr.. Mooney may not have been the |
Auditors clerk Who brought up the war
rants the Same day, but after the board
voted to fund them; cancelled them the
same day; tho Auditors funding book is
kept as q check on the books of che board; !
never spoke to tho Auditor about the war
rants; asked to SEQ tho vouchers on them
one day, just before the Legislature met,
because had voucher for $l5O which the |
Auditor refused warrant for, because
,here was no appropriations; aftervard |
earned from Mr. Galloway a warrant had
oeen issued, and exchanged tho voucher
With him for it; think Mr. Benham was the
agent for all parties in Tho matter; The
handwriting Of sholtz and Mooney
ire similar; do not recolfect all
hings SO far back, or that
he Auditor made Tho molten to fund: a
'ecord Of tho vote is made when thereis q
fivisioH; the discussion vas not confined 60
he day the warrants we're funded: Judge
1ibble came into the board and gave q
'erbal opinion. promising a written one: he
vas sent for; Mr.. Benham was not there:
10 one was allowed to be present; knows
Sanford as the agent of Benham, at one
ime in charge Of the State house; never
leard of Armstrong, only know Mr.. John
OBJ Armstrong.
Colonel Field desired TO introduce further
TO show how matters were con-
Eucted in tho Auditors office, and that he
ad been issuing warrants corruptlv bv
living . warrant for Mr.. Drury's voucher
Without takingit
The court ruled 10 must first be shown l..
hat the State has suffered by it. If there
7as a law for the issuing of warrant, no
natter what the motives of the Auditor
7ere, the State must show the illegal issue,
nd not motives for doing what the law de-
landed.
The Attorney Genera! excepted, and filed |
he petition, answer and Injunction in the |
ppropriati0n bill in suit No. 5,93l; act No.
2 of 1872 apDrOved March s 1870 and |