New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-02-16

| the law, ana, "a IL Will appear. TAcelVeO 3
pecuniary compensation of S6696 81 for in
terests and commission on loan made out
| OF State funds OF the State Treasurer.
| After q careful examination of the facts
of the cases after weighing honestly and de
liberately the evidence addnced, the ma or-
ity of your committee have reached the
following CONCLUSIONS:
They are satisfied that Antoine DubQc Let
has violated the law, and that he should be
impeached for the following reasons, to wit:
|. Because he has, in the month OF OctO-
Der, 1874, issued without the proper war.
| rants from the Auditor, and in violation OF
| section $40 Of the Revised Statutes, the fol
lowing checks against State funds, to wit:
On the first of October check num-
| bered 994. tor. $5,2OS 9b
% the second of October. two
checks numbered 997 and 999,
each for the sum Of $1,000. . 10000 90
On the fifth of October, check
numbered 1907 for. ..... ... 4 0C0 %
Making total Of. sig, 2uo 90
9. Because on the twenty-fourth and the
twenty eighth day of OctO Der, 1874 he has,
without proper vouchers from the Auditors
diverted from the interest fund OF the State,
| the sum of $35, 600, in the following manner,
| to wit:
On the twenty-fourt of October, by
check in favor of J. H. Oglesby, Fiscal
Agent, numbered 1853. for $40 900; on the
| twenty eighth day Of October, by check IN
| favor of came party, numbered 1857, for
| SIS 900: in violation OF section seven OF act
No. of 1874, known at the funding bill and
OF section $40 of the Revised Statues.
3 Because on the second day of January,
| 1875, he has again, without proper warrant
| f,om the Auditor. diverted the additional
sum of $50 900 from the interest fund of the
State in the following manner, to wit:
Bv a check numbered eleven for
| SIG 4S9 l8; by cash from the safe for the
balance, in violation Of section seven of act
| No. ) of 1874 known as the funding bill,
and of section so Of the Revised Statutes.
The majority of your committee are salts
fed that William Pitt Kellogg. the Cover
nor of Louisiana. has grossly violated the
| law and should be impe cached.
Because. by threat, promise and other
| wise, he has induced Antoine Dubuclet, the
| State Treasurer, to divert from the interest
| fund:
/. In October. 1874. the sum Of s35 ZOO.
9 In January, 1875, the sum OF $4,000.
| without proper warrants from the Auditor,
| in violation of section seven OF act No. 3 OF
1874, known as the funding bill, and section
| $40 of the Revised Statutes.
The majority of your committee are salts
| fed tn at Henry c. Dibble has grossly vio-
lated the law.
Because, in dereliction of his duty Wills
| acting as Attorney General of the State, in
| the absence of the Hon. A. p Field. the
Attorney General, he has advised the State
| the interest fund of Louisiana without
| proper warrants-
In October, 1874, the sum of $4,000.
2. In January, 1875, the sum OF $50 600,
| in violation Of section seven OF a,t No. 3 Of
| 1874, known as the funding bill, and section
| $40 of the Revised Statutes.
And your committee would suggest that
articles of impeachment be Immediately
drawn. as the law requires, against William
| Pitt Kellogg. Governor of Louisiana, and
Antoine Dubuclet, State Treasurer; that by
| iolnt resolution Henry c. Dibble. Assistant
ATTORNEY General of the State. be addressed
out of office; that Hon. A. P. Field, the At
| torney General, be instructed to institute
criminal proceedings against Alfred Shaw
and j. H. Oglesby for q violation, as parti-
cipes criminis, of section seven of act No. 3
| Of 1874, known as the funding bill: and that
means be devised to compel j. II. Oglesby
| to restore to the Metropolitan Board of Pc
| lice the sum of $6696 81, illegally charged
by him as commission and interest on the
| loan of $S5 600 made by the Treasurer out
| of the interest fund of the State to the Me-
| tropolitan Board Of Police.
J. ALDIGE. Chairman;
| FELIX VOORHEES,.
! Mr.. Snaer, member of the said commit
tee, submitted minority report.
| To the Honorable Speaker and Members Of the
| House of Representatives:
| Iresret that l can not concur with the
majority of the committee to their con-
illusions and recommendations
| 1t does not appear to me, from careful
/ ,lo~ Of tho nyJtn md no fon fo
that any injury has been sustained by the
| State. or that sufficient grounds exist for
| the severe criticism passed by the commit
! tee upon the conduct of officers in the mat
ter investigated. Some of the acts COM
| planned of may have been irregular, but the
condition of things which induced the State
officers to take the course they did, had
been brought about by violations of law, 80
| much more fragrant, even involving loss of
life and continued attempts to overthrow,
| subvert or embarrass the government, that
in my Judgment the public exigency then
demanded and have since justified their
| action.
1t is charged that in the month of Octo-
Der, 1874, the sum of $35 900 was advanced,
tenn porarily, to the Metropolitan Police out
! of the State funds in the hands OF the
Fiscal Agent, and that in the month of Jan
u4rv, 1875, the sum of $50 900 was also ad-
vanced to the police in the same manner,
until the same could be realized by the
collection of city taxes.
During the period from September, 1874,
to January, 1875, the condition Of affairs
prevailing in the city was such that the
collection of police taxes by the city was
virtually suspended.
The pay of the force was several month";
in arrears from this cause. They were on
the point of disbanding, leaving the lives
and the property OF the citizens unprotected
This fact can not be denied.
In view of these facts, it was deemed
of the utmost Importance that theil
service should be retained, and thus
was the funds of the State temporarily
loaned to the police to tide over the press
ing emergency till the city taxes could be
collected.
1t is proved, and will not be denied, tina,
both these sums have long since been made
good, and that the State has not nor could
have suffered the loss of a single dollar, az
the State was abundantly secured in every
respect.
Mr.. Oglesby, the Fiscal Agent Of the
State. was also the Fiscal Agent of the city,
| IA we'll a. Fiscal Agent Of the Police Board
The money of the State, of the city aud OF
the police was in Mr.. Oglesby's hands
Notes we're given by the Police Board tt
Mr. Oglesby for those advances, by virtue
| of a contract between him and the Police
seven of act No. 80, approved February
&c, 1874, and Endorsed by him as Fiscal
Agent, and were a lien upon all the .uncol
lected taxes Of the city for police purposes
These advances were to be paid out Of
the first receipts from the city, and
as q matter of fact, it was 50 paid
A great public emergency was met and the
State did not and has not suffered any loss
Great stress is laid upon the allegations
that the Governor and other State officers