The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-03-08


criminally.
/ The neglect and failure to appoint al
Auditor Of Public Accounts, for the tim,
being, after the impeachment OF Charlie
Clinton, Auditor. and after he had beer
indicted by the Grand Jury for NAL
feasance i'm Office, Is admitted The Elk
ecutive undertook, for party purposes
to retain in Office a personal friend ant
political ally, while he was In the handl
OF the law for crimes and offences com
mitted in Office and this In express vic
lation Of the statute.
'tgai1 THE LAW.
I'm case Of death, sickness, absence
sraE1.thAlI,t "tfarcna Gual from office
ton Of Judge Taft TO be Secretary oil
War is received with great satisfactioI
by all parties here. The Commercially
which opposes Grants Administrations
the country on this addi-t
ton to the Cabinet. NH
Proceedings Of Congress.
Plnchhack Defeated-Ayes I'd, Nays ~,
WASHINGTON, March 8.-Mr. Cameron,
OF Wisconsin, presented petitions signeQl
by 5000 citizens Of the United StateS'
residing in every State and Territory
to Congress-, to withdraw the charter Oy
the Masonic Association Of the District'
OF Columbia, and that members Of secrte-
societies be debarred from holdirn-
office, etc. Referred. IS,
Mr.. Wright submitted q eoneurreis-
resolution providing for sine or,
Of both houses on the lstiry
NAV. 49,. vlv prop ,ry,
and neglect the said w. r. Kellogg,
acting as Governor OF the State OF Lou
isiana, was guilty Of and did commit a
high crime and misdemeanor in office.
r ANSWER OF W. p. KELLOGG.
4. did not appoint experts every
three months, whether there was any
necessity to do 50 or not, to examine
into the books of the Auditor and
Treasurer. The statutes authorizing the
Governor to do SO, contain the words,
III In his opinion the public interest
require 1t. Whenever the public inter
est seemed to require 1t, have appoint
ed experts under section eighty-nine.
Act No. AZ, 1871. Ctt
THE FACTS.
Since the oath day OF April, 1875, OK
perts have not been appointed to exam
Inc the books OF the Treasurer and Au-
ditor Of public accounts, = except in the
month OF May, 1876. Their duties ended
within twenty days after their appoint
ment; the intent was to whitewash the
Auditors accounts; the developments
opened up by the examination Of the
Treasures books, were communicated
to W.. p. Kellogg, but were concealed
from the public.
The report would have disclosed the
felonious diversion Of the State interest
fund; and that It was accomplished
solely through the opportunities Of W.
p. Kellogg, and by threats Of official dis
pleasure and persecution Of the State
Treasurer, in case OF refusal.
THE LAW.
"And itshall be the duty Of the Cover
nor, at least once IN every three months,
or oftener, II in his opinion the public
interest require 1t, to appoint some
competent and trustworthy accountant
Of the highest ability and skill
who shall Immediately, without
previous notice or intimation Of such in
tended examination and inspection, pro-
coed to make thorough examination OF
all the books, vouchers, accounts, re-
cords, bonds, securities, claims, assets
and effects, which are or should be in
the treasury, and count all moneys in
the treasury, or deposited In the proper
to the credit OF the State
Treasurer as such; and compare the
books, vouchers, accounts, records, etc,
with those OF the Auditor OF Public Ac-
counts; all of which it is hereby made
the duty Of the Auditor OF Public Ac-
counts to place at their disposal on de-
mand." Section 80, act No. AZ, p. 127,
Acts Of Louisiana, 1871.
FIFTH CHARGE OF THE HOUSE.
Art. 5--That the said w. p. Kellogg,
acting Governor Of the State OF Louisi-
ana, unmindful OF the high duties Of the
office, in or about the month OF May,
1875, after having appointed an account
INT as expert to examine the books,
ETC., of the Auditors Office.
lid shortly thereafter, when applied to
BY said expert for a renewal Of the CON-
mission in order to make the necessary
Of the books Of the State
% grant the same, thus preventing an
Investigation which 1t was his duty I'm
Ter the laws to have made. whereby the
aid w. p. Kellogg, acting Governor OF
he State OF Louisiana, was guilty Of
md did commit a high crime and mis-
lemeanor in Office.
ANSWER OF W. r. KELLOGG.
S. I do not deny the assertion that l
lid not renew the commission of the ex-
,erts, but as the letters Of instruction
ssued to them authorized them to ex-
mine the books, both OF the Auditor and
treasurer, there, was no necessity for
he renewal Of their commissions.
THE FACTS.
The experts were stopped In the ex-
OF the Treasurer's books by
he Treasurer himself, alleging that
heir commissions had expired. The ex-
erts applied to the Governor for a new
who promised to give it,
ut never did. See Aldige's Report, PIP.
}, 81. ~ loa.3 ff
The intent was to prevent the condi-
on Of the Treasury being known to the
eople, and particularly to suppress the
Ict of the diversion Of the interest fund,
! the instance of the Executive, to pay
le Metropolitan Police in 1874 and 1875,
hich act Is felony under the law. D
Section 80 Of act No. AZ, p. 1877, Acts Of
1871, just recited: 4
"And it shall be deemed felony for
Re Fiscal Agent, or any officer of the
ate, or Board Of LiquiddtOrs, to divert 1
le said tinterSst) fund from It's legiti- s
ate channel as provided. and upon f
the said party shall be liable I
Imprisonment for not more than ten 4
,ars, nor less than two, at the discre- e
IN Of the court" Ia
Section Z, act No. 8. p. 80, Acts Louisi- t
IN 1874 I