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

Legislature to pay the costs OF cur,
where the State loses a case and w. p
Kellogg was proceeding to pay the
the facts coming to the knowledge o.
the Attorney General, he stopped tht
payment See testimony OF the Attor
ney General, Aldige's Report, p. 81.
THE LAW.
mo money shall be drawn from the
State Treasury but in pursuance OF spe
Constitution OF the State OF Louisiana
article 1O4.
SEVENTH CHARGE OF THE HOUSE.
Art. 7. That the said w. p. Kellogg
acting Governor Of the State of Louis
lana. unmindful OF the high duties Of
the Office, for the purpose OF overawing
the majority Of the Lower House Of the
Legislature, and fomenting strife, did
In. the month Of February, 1876, and
during the peaceful sittings Of the two
Houses Of the General Assembly, cause
on many occasions large numbers OF
armed Metropolitan police, disguised as
citizens, to be brought into the State
House, thus violating the privilege OF
the House OF Representatives Of the
State OF Louisiana, needlessly irritating
the public mind and endangering the
public peace, whereby he was guilty OF
and did commit a high crime and 1mis-
demeanor in Office. @.4
ANSWER or W. P. KELLOGG.
7. / admit that In the belief that a
revolutionary attempt to subvert the
government was designed by members
OF the House Of Representatives,, acting
In collision with bodies outside the Gen
eral Assembly, numbers OF policemen
have been quietly and unObtrusively
stationed by the police authorities,
within the past few days, In various
parts OF the State House. not for the
purpose OF fOmenting strife, as charged,
but to preserve the peace in case Of me-
cessity. The action Of the police author
tiles has my entire approval.
r THE FACTS.
The Metropolitan police were removed
from their respective beats In the night
time, leaving the city unprotected. They
were disguised as citizens, and con
cealed, part OF the time, in private rooms
In the State House. The purpose was
not to preserve the public peace, for it
was not endangered during the session
OF the House, but to foment riot and
provoke collision between the police
and the citizens, and.then ask for United
States troops to quell the disturbance.
The act was an outrage upon the privl-
leges OF the House OF Representatives.,
and an attempt on the part Of the Exec
utive to intimidate and overawe by
armed forces the Legislature Of the
right to enact laws and
bring official criminals to justice.
THE LAW.
There Is nothing in the constitution
or the laws Of the State to authorize such
q proceeding.
EIGHTH CHARGE OF THE HOUSE.
Art. s-That the said VIM. p Kellogg,
acting Governor OF the State Of Louis
lana, on or about the 9th day'o April.
1875, and during the recess Of the Senate,
did appoint g. n Braughn to the Office
OF Judge of the Superior Criminal Court
Of the parish Of Orleans, and did per
NIT the said q. H. Braughn to remain in
Office as Judge OF said court after the
end OF the extra session OF the General
Of the State Of Louisiana,
which terminated on the Gath day of
April, 1875, and to exercise the duties OF
said Office after said adjournment, not
his appointment had not
been confirmed by the Senate, in viola
ton OF the constitution Of the State OF
and therefore was guilty of
and did commit high crime and mis-
demeanor In office.
ANSWER OF w. p KELLOGG.
8. did permit Geo. H. II. Braughn to
remain in office as Judge Of the Superior
Criminal Court after the adjournment
1f the Senate, though his appointment
had not been confirmed by them. Arti- |
Gle 1872 OF the constitution declares that
Ill officers shall continue to discharge |
he duties OF their Offices until their |
successors shall have been indicted |
nto Office.
THE FACTS.
That w. P. Kellogg permitted G.. H.
3raugn to remain In Office as Judge OF
he Superior Criminal Court after the
Of the Senate is admitted.
Article 122 Of the constitution, quoted
Is authority for the act, does not apply.
a# THE LAW. 4a
1.-THE Governor shall have power to
III vacancies that may happen during
he recess OF the Senate, by granting
Which shall expire at the
nd of the merit session thereof, unless
otherwise provided for in this constitu-
IOH. -"COLSIlUuJiOu vi UIle CJdLe Ol
louisiana, Article 81. 1st
NINTH CHARGE OF THE HOUSE.
Art. 9.-That the said VIM. P. Kel-
ogg, acting Governor OF the State Of
louisiana, did in or about the month Of
une, 1875, without warrant or authori-
Y In law, remove f. Y. Leclerc, Police
OF the city Of New Or
cans, and appoint in his stead v. A.
.yan as Police Commissioner, in viola
ion Of the statutes Of the State OF Lou
,iana, whereby the said VIM. P. Kel-
)gg, acting Governor OF the State OF
did commit and was guilty
( high crime and misdemeanor in
flee.
ANSWER OF W. P. KELLOGG.
.. I did remove one Police Commits
oner and appoint another. Section
1873, Revised Statutes, expressly en- {
overs the Governor to do so. {
THEFACTs.
The fact Of the removal Of Z. V. Lee ,
ere, Police Commissioner, and the APP ,
ointment Of V. A. Ryan In his stead,
Is been admitted.
"The said commissioners Of the 8
Police shall be appointed {
Y the Governor Of the State OF Louisi- 4
Ia, with the advice and consent Of the t
snate, dndshaU hold and Occ,tpy the said /
ices Of commissioners for the term Of i
,<x(@ h., n