Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1876-02-16
That Official Not Guilty Of Malfeasance,
but Guilty Of Misfeasanee, Forced
Thereto by Governor Kel.
lOgg and Others.
Committee Suggest the Impeachment Of
the Governor and Treasurer, and
that The AsSistant-AttOrney-
General be Addressed
Out of Office.


t. investigate the books OF the State
treasurer, shows that one hundred and
niresy.eight thousand dollars Cf the in
terest fund had been diverted, but was
subsequently, restored. After long sc-
count of the details OF the transactions,
the committee say:
No direct LOGS to The State can be
traced from 81 these Irregularities, asd
in fairness to the TREASURER, your com
mittee beg to state that the cash balance
Oa hand, on the first of January, 1876, is
in conformity with the books. The in.
vesli; alton reveals, however, the start
Hcg fect that the public funds have been
taaipered with by the highest officials
OF tie State, The evidence shows plain
ly that heavy pressure was brought to
bear upon the treasurer by VIM. Pitt
Kellogg, governor OF the State of Louis.
lara, and by Henry c.. Dibble, assistant
attorney.g general Of the State, and at
that time acting as attorney general; by
Jacob Hawkins, judge of the superior
district court Of the parish OF Orleans;
by Allied Shaw, the attorney for the
metropolitan board of police, and J. Fl.
OAlesby, the fiscal agent, and thai un-
der their combined influence the treas
urer succumhed; but, although your
committee are inclined to look upon this
pressure as palliative, to some extent, of
the tressure,'s conduct, yet they do not
believe tba! he can plead it ia eXtenu-
alton of his official acts. Were
such q departure ffOm the du-
ties of a public officer countenanced,
dangerous precedent would be establish
ed that would open the door to viola-
tions of the law by uuprincipled men,
who would thus abu3e discretion
and power at their pleasure. Your COM
mittee therefore, though satisfied OF the
guilt Of Antonio DubuClet, believe he
was handled as mere instrument by
other parties who were ready, If need be,
to make him scape-gOat, ard to cast
upon him the entire Odium OF the trars-
actions. Your mmittee have sccumu-
lated sufficient evidence to establish the
fact that Antoine Dubuciet, who has
thus disposed Of State funds without q
warrant Cf law, no less guilty than " n.
P. Kellogg, the originator OF the whole
scheme; than Jacob Hawkins, judge Cf
the superior district court Of Orleans,
who used his influence to encourage the
nefarious deed; than Il. G. Dibble, then
acting attorney-general, who advised
the unlawful act when he should have
guarded the interests Of the State; less
guilty than J. H. o. lesly, fiscal agent of
the metropolitan board OF IOiice, and
president Of the bank depository Of the
State funds, who lent his official aid to
the dispc sitiou CT the funds Of which he
was keeper under the law, and, 80 ii
will appear, received q pecunlsry com.
peDsation OF six Thousand s'x hun
dred and Iinety.six dollars for interest
and commission on q loan made OF our
State funds by the State treasurer. At
ter CAREFUL examination OF the facts OF
the case, and after weighing honestly
and deliberately the evidence adduceG,
8 majority OF your COMMITTEES have
reached this following conclusion: Tney
are satisfied that Antoine Dubuc'et has
violated the law, and that he should be
impeached, for the following reasons:
First, because he did, in the month Of
October, 1874, issue without proper war
rants from the auditor and in violation
OF section $40 Of the revised statutes, the
following checks against the States
fuEds. Here follows list of the checks,
numbers, amount, dates drawn, etc.
The report concludes: A maj0rity Of
your committee are satisfied that VIM.
Pitt Kellogg, governor OF Louisiana, has
grossly violated the law and should be
impesched, because by threats, PROM
ises and otherwise he induced Antoine
Dubuclet, State treasurer, to divert from
the interest fund, il October, 1874 the
sum of thirty i've thousaT d dollars, and
in January, 1873. the sum Of fifty thou
sand dollars, without the proper
warrants from the auditor, in
violation Of section 7, act OF 1874,
known IS the funding bill, and section
$40 OF the revised statutes, The maj )rity
of your committee sre satisfied that
Henry G. Oboe has grossly violated
the law, because in deTel!ction Of
his duty, while sotii G IS attOrLe Ley-gen-
eral of the State, and ia the ab9ence Of
Hon. A. p. Field, attorney general,
be advised State Treasurer Antoine Da--
bucIet to divert from the interest fund
Of Louisiana, without proper warrants,
in October, 1874, the sum of thirty five
Thousand dollars, spdia January, 1875,
the sum of fifty thousand d0ilsrs, in viO-
lation Of section OF act OF 1874,
known s. the funding bill, and section
SO Of the revised statutes. And your
committee would suggest that articles OF
impeachment be Immediately drawn,
as the law requires, spsinst Wn. Pitt
kellogg. governor Cf J. luisiaua, and
Antoine Dubuc'e', State treasurer; that
by i1int resolution Henry G. Dibble,
tant-attorney-gene'a OF the State,
b, addressed Gus OF Office; that
Hon. a. P. Field The attor-
ney.qeneraI, be instructed to in
s,iJute criminal proceedings against
Alfred Shaw ani j. II. OElasby for 8
violation. as participants crin1iljS, OF
action 7, act No of 1874, known
as the funding bill, and that means be
devised to compel J. II. Oglesby to Te'
store TO the metropolitan board Of police
the sum of six thousand six hundred
and ninety-six dollars illegally charged
by him as commission and interest Oh
the loan of eighty-five thousand dollars
mada by the treasurer cut OF the inter
est fund Of the State TO the me tCOp0litaL
board of pol ce. Respectfully submit'
ted.
JULES ALDIDGE, Chairman.
The report of the committee to exam.
Inc the books OF the State treasurer WaI
received and ordered to be printed.
KELLoaG's STATEMENT, II ANSWER.
Governor Kellogg gives TO the asso
ciated press, ss his explanation Of the
report Of the AldriGge committee, the fol
| i0Wl0g statement: Altef tue NnltE
League Iiot CT September "A, 1874, tbs
| condition Of affairs Yves such that tht
| collection OF the State and city taxes wsl
virtually sup .nded. TIE police OF New
| Orleans were come months in arrears
with their pay, and threatened to dis
band altogether ard leave the property
of the city at the mercy of the laWlesl
| elements then In the ascendant ThI
! tiscsl sgent of the police had a largr
arc 1s.s OF State funds in his hands
whic1 could not in any event be caliet
fer ~ seversl months to meet the press
ing ublic emergency. The governo
! and the State treasurer authorized hin
temporarily 10 transfer to the police &C
count sufficient fuud5 to pay portion
OF the arrears due the police, go as to re
tain them on their beats. The fiscz
agent took as security lien upon al
the uncollected taxes for pOiice purposes
| and sls0 warrants iEsuod he tha Sta