The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1876-02-16

Thus, in October. 1874. first advance Of
$4,000, out OF the State interest funds. was
mbde, as evidenced By checks Nos. 1852 and
lO67. Further advances. out OK the same fund,
were made in January, 1875-by cash from safe,
sSS, $40 49, by check No. II, SIC, 4S9 IS. These
two last amounts aggregating $4,000 co.
These advances, made out of the State inter-
eat funds. were in direct and fragrant violation OF
the law.
| Following their investigation, your committee
ascertained that on the 25th OF February, 1873,
| an amount Of $4,000 was deposited in the Treas
ury to the credit of the general account. Whence
this amount was derived, does not appear, as the
entry is not supported by any voucher or order
| from the Auditors Office.
| On the 23d of March, 1875, sum Of $50, 900 ap-
pears to have been paid in the Treasury without
Auditors order, and your committee were in
formed that this sum was the reimbursement. IN
+ part, Of the loan made 10 J. II. Oglesby, Fis al
Agent, above related. OF this amount of
| $4,000, $4,000 being check from J. H. Ogles-
by, Fiscal Agent, was deposited in bank to the
credit Of general account, and 5000 cash retained
in the safe. On the 31st OF March, 1875, check
No. 80 of the stub book, for SIS, 900, was drawn
in favor Of P. F. Herwig, leaving the interest
fund overdrawn SIS, 900 from the 3lst Of March,
1875, to the 18th of April, 1875, on which latter
date SIS, 900 were paid into the Treasury, without
Auditors order explanatory of the payment, and
deposited directly to the coupon interest account
| of 1875.
| No direct loss to the State can be traced from
! Treasurer, your committee beg TO state the cash
balance hand on the 1st of January, 1876, is IN
conformity with the books.
| Tue investigation reveals, however, the start
| ling fact that the public funds have been tam
pered with By the highest officials of the State.
The evidence shows plainly that heavy pres
sure was brought to bear upon the Treasurer by
VIM. Pitt Kellogg, Governor Of Louisiana by
Henry G. DlDble, Assistant Attorney General OF
the State. and at that time acting as Attorney
General; by Jacob Hawkins, Judge OF the supe
rior District Court Of the parish OF Orleans; by
Alfred Shaw, the attorney for the Metropolitan
Board of Police; and J. H. Oglesby. the Fiscal
Agent, and that under their combined influence
| the Treasurer succumbed.
But although your committee are inclined to
| look upon this pressure as palliative to some
extent OF the Tieasurers conduct, yet they do
not believe that he can plead it in extenuation of
his official acts. We're such departure from the
| duties of public office countenanced, q danger
GUS precedent would be established that would
open the door to violations of the law by I'M
prInciped men, who would thus abuee the dis
| erection and power at their pleasure.
| Your committee therefore, though satisfied Ut
the guilt Of Antoine Dubuclet, believe he was
handled, as . mere instrument, by the other par
| ties, who were ready, if need be, to make him .
scapegoat, and to cast upon him the entire odium
| of the transaction.
| Your committee have accumulated sufficient
evidence to establish the fact that Antoine Du-
| buclet, who has thus disposed Of the State funds
without warrant Of law, is less guilty than
William Pitt Kellogg, the originator OF the whole
scheme-'han Jacob Hawkins, the Judge Of the
| Superior District Court Of Orleans, who used his
influence to encourage the NJ farious deed-than
Henry G. Dlbble, the then Acting Attorney Gen
eral, who advised the unlawful act, when he
/ should have guarded the interests Of the State
less guilty than ]. Fl. Oglesby, the Fiscal Agent
of the Metropolitan Board OF Police. and priest
dent of the bank the depositary Of the State
funds, who lent his official aid to diversion Of
funds, of which he was the keeper under the
law, and, as it will appear, received pecuniary
compensation Of 1896 81, for interest and COM
mission, on loan made out Of State funds by
After q careful examination Of the facts of the
case; after weighing honestly and deliberately
the evidence adduced, the majority OF your COM
mttee have reached the following conclusion:
| They are satisfied that Antoine Dubuclet has
violated the law, aud that he should be i'm
peached for the following reasons, to wit:
l. Because he did, in the month Of October,
! 1874, issue without the proper warrants from
the Auditor aud in violation Of section $40 Of the
Revised Statutes, the following checks against
the State funds, to wit
On LIST October, check numbered 9O4,
Tor $0,ZUo 10
On I'd October, two checks, numbered
| 997 and 99S, each for the sum OF
On 5th October, check numbered 1857,
for UU w
Making total of ................ $500 Sc
| q Because on Gath and 2Sth Of October, 1874,
he did without proper vouchers from the Auditor,
divert from the interest fund Of the State,
the sum Of $35, 900 in the following manner,
to wit:
On the oath Of October, by check in favor OF J.
II Oglesby, fiscal agent, numbered 1858, for $40,
600; on the 28tn day Of October by check in favor
Of same party, numbered 1857, for $4,000, in
violation OF section of act No. 8 OF 1874, known
as the Funding bill, and Of section $40 Of the Be
vised Statutes.
/ 8. Because, on the I'd day of January, 1876, Jhe
/ again. without proper warrant from the Auditor,
diverted the additional sum Of S5O, 600 from the
| interest fund Of the State in the following man
ner, TO kwit: By q check, numbered II, for $751;
489 Is; by cash from the safe for the balance in
violation Of section Of act No. OF 1874,
known as the Funding bill, and of section $40 Of
| the Revised Statutes.
The majority Of your committee are satisfied
that William Pitt Kel ogg, the Governor Of Lou.
isiana, has grossly violated the law, and should
| be impeached:
Becanse by threat. promise and otherwise, he
incuced Antoine Dubuc!et, the State Treasurer,
to divert from the interest fund, in October, 1874,
the sum Of $35 900, and in January, 1875, the sum
of $4,000, without proper warrants from the Au-
ditor, in violation OF section OF Act No. OF 1874,
known as the Funding bill. and section $40 of the
Revised Statutes.
that Henry G.. Dibble has grossly violated the
! law.
Because, in derelict1on of his duty whilst acting
as Attorney General of the State in the absence OF
the Hon. A. P. Field, the Attorney General, he
advised the State Treasurer. Antoine Dubuclet,
to divert from the interest fund Of Louisiana,
| without proper warrant
In October. 1874, the sum Of $4,000;
In January, 1875, the sum Of $4,000;
in violation of section Of act No. 8, Of 1874,
known as The funding bill, and section $40 OF the
Revise Statutes.
And your committee would suggest that arti-
cles of impeachment. be Immediately drawn as
the law requires, against VIM. Pitt Kellogg, Gov
ernor Of Louisiana, and Antoine Dubuclet, State
Treasurer. That by joint resolution, Henry G..
Dibble, Assistant Attorney General Of the State,
be addressed out OF Office. That Hon. A. P.
Field, Attorney General, be instructed to insti-
tute criminal proceedings against Alfred Shaw
and J. n. Oglesby, for violation. as pd1ticeps
criniinis Of section Of act No. of 1874, known
as the funding bill; and that means be devised to
compel J. H. Oglesby to restore to the Metropoli.
tan Board of Police the sum Of 1896 67, illegally
charged by him as commission and interest on
the loan OF $85 O0O made by the Treasurer out