The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-07-02
Mr.. Ssmmes-What do you want that for ?

knew Wn6n ne issued Inc WaIIantS tAAt lie
clause was unconstitutional; that he SO e1-
pressed himself; that he expressed 1t as his
opinion, and that the Governor expressed it
as his opinion, that it was unconstitutional.
Mr.. Semmes-I do not think that the
opinion of Mr.. Clinton amounts to anything.
He is not lawyer, neither is Gov. Kellogg q
lawyer.
Col. Field want Ito show that he issued
the warrants in opposition to his expressed
judgment
The Court do n OF think you can show
that by a conversation
An argument followed in which the defense
contended that they had the opinion Of the
Acting Attorney General, and the State asked
the privilege to shoE that Clinton knew that
he was acting wropgfully in issuing the war.
rants.
The Court-To Col Field You can not do
it in this way.
Col Field can not show it by the state
ments of the Auditor
The Court-Made in court.
Col Field-Can not show it by statements
made out of court?
The Court No, sir.
Col. Field-Well. III that is the ruling of the
Court, I might as " ell give up the Case and
stand a non-suit.
The Court-The Attorney General is at lib
erty to do as he pleas es, but the Court can not
submit to any such reflections as are directly
implied in his remarks
Col. Field want Ito show that the Auditor
fraudulently issued warrants, and / want to
show by his own admission that he did it
knowingly. The State has been robbed OF
$138 O00 and l want to bring it home, and
the Court refuses to hllow me to do this
Judge Hawkins-The Court objects to any
such reflections.
Col. Field might as well say to the
Court in all candorI that had previously de-
cided to withdraw the suit, because see that
can not make any thing of it.
Mr.. Mari followed, urging that the testi-
mony be admitted, but the Court maintained
its rulings, and the State took exceptions.
Col Field then as ked the Governor about
the injunction issued against the bill. He
(the Governor) stated, that while the bill was
before the Legislature he had called On the
Attorney General, and stated that the bill
was up, and that he 1.-THE Attorney General)
had better post him self in regard to it. as it
was probable that some pet appropriations
would be included.
Continuing, he said: Before the bill was
promulgated went to you (the Attorney
GeneraD and advised you to get copy OF
the bill, so that you could take out an injunc-
ton. I know that the Auditor went away
just after the bill W as issued and pending the
injunction. I do pt know that he left to get
out of paying the warrants. l knew he had
intended leaving. l think he may have
left earlier than he had at first proposed. He
did not go on my advice. It was not my i'm
preston that he left to get out of paying the
warrants. would be glad to think so.
The witness could not remember very dis
tinctly what had TRANSFERRED, or what had
taken place at meetings between himself and
the Attorney General previous to and after
the PRONUNCIATION Of the bill.
The Pinckney Smith warrants were funded
August 2lst, 1874. The record does not show
who voted for the funding. (Reading from q
copy of the record August 81, 1874 Pres
ent: Auditor, Treasurer. Secretary of State
and Speaker of the House. Lowell was
Speaker of the House. do not know the
w. G. Sanford for whom the warrants were
funded. He was in the city long time.
Col. Field -Now do you not know that he
was only a striker for some of the politicians
The Governor II do not. It was my i'm.
preston he was.
Col. Field-What gave you the impression
Mr.. Ssmmes-I object.
The Governor III do not know, may it
please the Court, that I ought to say that it
was an impression, for actually knew moth
ing about it
Col. Field offered the report of the Auditor,
page A, in which it spoke of excess of war
rants, issued under orders OF the Supreme
Court.
Witness knew nothing about the j. w.
Armstrong warrants.
Cross. Examined II think that all the meet
ings of the Board before the con stitutional
amendments were adopted, were called meet
ings was not ID favor of funding anything
until after the adoption of the amendments.
The conversations held between myself and
the Auditor about the Appropriation bill,
were about the whole bill generally, with the
exception of the second clause.
Redirect. never fund vouchers; they
never come before the Board-it is only the
warrants. It has always been my opinion
that warrants issued on claims that occurred
before 1874, were not fundable 1t was q
mooted question before the Board.
George Drauy was the next witness: Was
clerk OF the Board of Liquidation. l remem-
Der the funding Of $685. 900 of warrants. The
matter was discussed at q previous meeting
Do not recollect On whose motion the warrants
were funded. They were not funded until
after Judge DiSble had given his opinion.
The Auditor said he had the warrants, but
had not signed them and would not sign
them until he had authority. The then act
ing Attorney General (Dibbls) gave his opin-
ion. Nobody b1 ought the opinion. The act
ing Attorney General was sent for.
Do not know who moved that he be sent
for. The application was in before the war
rants were funded. Do not know on whose
motion they were funded. Think the meet
ing was an adjourned meeting, but am not
positive; the record will show. Sanford at
tended the meeting in person. I served a no.
tice of the meeting on the Governor. l left
it at his Office do not recollect to whom
it. DO not know that delivered
it to any one, but placed it in his Office.
Witness was here shown his testimony be-
fore the committee to examine the books of
the Auditor and Treasurer. He asked to be
questioned in reference to it, as he wanted to
modify it. He was fold that he had a right to
modify it. He said that he was not now 80
positive as he WIS when he testified before the
com nittee thatIit was Mr.. Mooney who had
brought the warrants to the board.
The warrants were made out, as we'll as
recollect, in the name of Devices, Lowell,
Benham and Oglesby. Do not know to whom
the bonds VERB issued. They were issued
from the AUDITORS Office. l can not swear
that Auditor Clinton moved to fund the war
rants. He may have done So In the dis