New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-02-17
THE SECOND ATTACK ON THE RETURN
INC BOARD.

occasion to be the committees appointed
to investigate the affairs Of the Metropolis
tan Police and the books of the Auditor
and Treasurer.
Both reports were published in the
House journal yesterday morning. We
shall consider Mr.. Dupre's report in O
future number, and shall only say Of il
here that, like that Of Messrs. Aldige and
vcorhies, it appears to be directed more
at the head of the Governor than those
who we're named in the House resolution
as the objects Of inquiry. Mr.. Dupre
starts out by denying the legal power Of
the Governor to remove police commits
sioners, and then illogically holds him
accountable for the wrongful acts alleged
against the board, on the ground that he
could have cured the evil by timely re-
movals. This is not Mr.. Dupre's lan-
guage, but such we understand the mean
ing to be. There is, in both reports, an
evident intention to strike some object
not in point blank range.
| The committee to examine the books
of the Treasurer have given special atten-
ton to transactions arising out of the
difficulties of 1874. They report the dis
covery of irregularities in the manner Of
drawing money from the State treasury,
and state, on the authority of the Treas
urer's stub book, that checks were drawn
against the interest fund without war
rant from the Auditor. But as all the
amounts thus alleged to have been drawn
from one fund to meet claims upon an
other have been faithfully replaced, and
not dollar has been lost to the State by
any transaction, either regular or irregu-
lar, We fail to see wherein any guilt at
taches to the high officials whose names
are dragged into the report. If no harm
has been done to the State, nobody is
guilty Of doing harm.
In any case, the attempt to associate the
Governor with transactions to which he
could not have been party, argues the
inability of the opposition to find any
thing tangible to accuse him Of The
control of the executive over con-
stitutional officers is limited to giving his
individual opinions in cases when called
upon for that purpose. Even this does
not carry with it the weight of the opin-
ion of the Attorney General, who is pro-
tected by law and usage from any per-
sonal consequence growing out Of errone-
Gus advice.
The committee have not even alleged
corrupt motives against the Governor or
Treasurer. They are simply charged
with what may be called an error of judg-
ment in matter which involved the exer-
else Of discretion. We are not informed
what steps were necessary for the Gov
ernor to take to save the State government
from overthrow in 1874. We only know
he saved it from its enemies without det-
riment to any fund. Perhaps there was
q temporary loan from one fund to an
other If so, the money has been
long since repaid. The committee does
not enlighten US on this point
Nor is it material that such explanation
should be made. On the face of the
papers, all the cash which the law re-
quired to be in the treasury to the credit
of the several funds on the first Of Jan
uary was there. If, at any time anterior
to that date, there had been q transfer
from one to the other, which is not fact
established by the committee, except by
inference, the responsibility, such as it is,
would rest with the officers having the
funds in custody. Plainly, the Governor
is not such officer. His authority in the
Treasurer's Office is inferior to that Of Mr..
Dubuclet and his responsibility for the
acts of the Treasurer no greater than that
Of an unofficial person.
We can. therefore, see no just grounds
to accuse Governor Kellogg Of such high
crimes and misdemeanors as justify his
in any of the acts alleged
against him by the reports of the two
Nor is there any necessary
connection between these reports and the
now pending in the confer
ence committee on the election bill. We
have Democratic authority for stating that
the Democratic caucus has decided to let
the two reports lie over few days without
action to see what the Republicans
intend to do about the Return
ing Board matter. The plain in
ference is, that if the Returning
Board is surrendered and the election
law amended to suit the Democrats, and
further, if the constabulary act be re-
pealed, there will be oblivion for the Gov
ernor. But on the other hand, if the Re
publicans remain firm in their support OF
the Senate BILL or continue the present
law by non-action, then resolution to
impeach the Governor will be passed by
the House. All this looks to us like
conspiracy to coerce the Governor by
threats, as an attempt to browbeat the
Senate was made but short time ago.
The Senate remained firm, so the Cover
nor is to be tried.
We leave out of view the immunity
promised by the Wheeler adjustment for
all acts of the executive taken to protect
his administration from being overthrown
by revolution. and claim that his efforts
to that end are justifable upon far higher