New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-12-14

usurpations of power in the cases OF Antoine
v. Warmoth and of Kellogg v. Warmoth, oy
which the State Government of Louisiana was
overturned no was charged also with corrup-
ton in connection with his assignee
in bankruptcy, Norton, and with drunk
enness; but the Committee OF the
House of Representatives reported in
favor of combining the impeachment pro-
ceedings to his unwarrantablc action In
Now il Durell was guilty, Billings was
practically his accomplish He was an
active politician, of the Casey-Packard-
Kellogg Durell- Norton clique, and one of the
counsel of Gov Kellogg in the very proceed
ings which caused Durells downfall. lie was
directly implicated in the manufacture of the
celebrated midnight order, by which Durell
empowered Packard to seize the State House
at o'clock in the morning,-an order OF which
Senator Carpenters Committee declared that IL
was impossible TO conceive of a more irregular,
illegal, and in every way inexcusable act on
the part of judge an order which was
travesty upon the forms of law, and the main
instrument of all Kellogg's subsequent violence.
Marshal Packard testified that when Judge
Durell made motion before himself at his
own lodgings to grant this order, he sent for
Kelloggs lawyers, Messrs. Billings and Beck
with, and that Billings drew it up. 1t would
appear from Mr.. Beckwiths statements that the
first draft was made by the Judge himself, but
Billings was certainly one of the party present III
consultation on that eventful night, and seems to
have gwen advice about the form of the order
if he did no more. 1t was he who drew up the
bill of complaint in the case of Antoine v.
Warmoth, upon which Durell made restrain
ing order still more fragrant than tho other, of
which the Carpenter report says: 1t is inpos-
"sible not to see that this bill was filed and
the restraining order thereon was issued for
"the sole purpose of accomplishing what no
Federal court has the jurisdiction to do, the
organization Of State Legislature. And
"yOur Committee cannot refrain from express
cling their establishment that any judge Of the
Omitted States should thus fundamentally
"have intcrfered with a State Government,
"and know no language too strong to express
"their condemnation of such a proceeding"
Can anything be more grotesque than TO re-
move the Judge for signing these orders, and
replace him with the counsel who drafted and
presented themf It is like impeaching Car
dozo to make room for Gratz Nathan.
! Politically, Mr.. Billngs's associations and
antecedents are highly Objectionable. He is an
intimate friend of Norton, the notorious
assignee in bankruptcy, and was Norton's can
didate for Governor, instead of Kellogg.
When Kellogg got the nomination Billings
was offered the Senatorship, but he declined it
in favor of Norton, and the treaty of peace and
alliance then formed united Billings Kellogg,
Casey, Packard, Durcll, and all the rest OF
that crew in Norton's support. What sort of
an arrangement has now purchased for Bill
lings the influence of Senator West we do not
comprehend, nor perhaps is it important to
know. 1t is clear that his elevation to the
bench of the United States Court would be a
great scandal and we trust the Senate will
have enough self-rcspect to prevent it,