The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-02-17
IMPEACHMENT or Ntl,SSRS. KELLOGG
AND DUBuCLET.

DubucIct, State Treasurer. on proof set
forth in the report, of having repeatedly.
In violation OF the laws Of the state eN-
pressly prohibiting such acts under
heavy penalties. both deposited large
sums Of money. Of his own motion and
discretion, In the treasury, without the
knowledge or supervision Of the Audi
tor. or of the law and drawn out AT
his sole will and pleasure, other large
sums. without warrant Of any kind. IL
appears that the evidence furnished by
tho stub check book OF the Treas
urer together with the dates anu
numbers Of the warrants with which
they were compared. establishes beyond
dispute the legal guilt Of Mr.. Dubuclet
The 18th section Of act 81 1874. ana
| section $40 Of the Revised Statutes are
tho laws jealously guarding the safety OF
Tho hubble funds and prescribing heavy
renalties for their evasion or violation.
which Il Is alleged that Mr. Dubuclet has
failed 10 respect. The two sections In
question read as follows
| ..Sac. 7. He Il further enacted, etc.
That a tax OF Ave and n half mills on the
dollar of the assessed value OF all real
and rersonal property In the State Is
hereby annually levied, aud shall pc
collected for the purpose OF paying inc
interest and principal of the conso,l-
dated bonds herein altlofiacd, ana the
revenue derived therefrom Ia hereby set
anart and appropriated to that purpose.
and no other. And that II shall be
deemed Il felony for the Fiscal Agent or
any officer Of the State or Board OF
IiSu,dators to divert the said fund from
ia legitimate channel IA provided. and
,,pon Conviction the said party shal! be
liable To Imprisonment for not more than
ton years nor less than two. at the DIS
erection Of the court. :,
sSec. $40. Should the Treasurer vii
| fully neglect, or refuse to perform any
1 duty enjoined by law, or be guilty d any
oppression or extortion IN the perform
at,cc of any duty Of his Office. or receive
any fec or reward not allowed by law .
or sho,lld he. by color of his office. know
inrly do any act not authorized by law,o
IN any other manner than Is required by
| law. or illegally usc or misapply any or
| tho money belonging to the State. he
shall be deemed guilty ola misdemeanor
| IN office. and upon conviction, shall be
| fined not less than one thousand dollars.
and imprisoned i'm the pcnitentiary az
hard labor for not less than tivc years.
Dubuclet il charged. not only with
having on sundry occasions both de-
rosited and drawn out from the Treasury
large amounts Of money without war-
rant from tho Auditor. but with having,
on tho oath and 2sth Of October. 1874. di-
verified to the use Of q person. not au-
thorizcd to receive the funds by law. y
norton of The Interest Fund of the State
thirty-ilve thousand dollars to }. H..
Oglesby. Ia two checks OF tho respective
dates mentioned. the one for ten thou
sand and the other for twenty-five thou
sand dollars. That on the I'd day OF
January 1875. he. again, without the
Auditors warrant, and OF his own Will.
within. or pleasure. diverted fifty thou
sand dollars from the legally sacred In
terest Fund Of the State, by check to the
payee o. II. Oglesby, we presumed for
81, 4se IL, and by paymentin cash. from
the Treasury Safe. OF tho balance. after
deducting the amount of the check from
fifty thousand dollars.
There could be nothing more explicit.
either In the facts or law, for ascertain
ing. describing and fixing tho charge OF
an impeachable offcnse or crime on the
accused Official.
The Minority report, presented by
Mr.. l.. A. Snaer, n Radical politician
we presume, from the specimen we have
Of his reasoning and philosophy in the
premises, admits. either virtually or
actually. the violations of law by the
Treasurer, In appropriating. without
warrant, a considerable portion OF the
interest fund. and not keeping and using
Il as a sworn servant of the law. but dis
posing of 1t as a despotic act OF simple
personal government, and Looming 1t,
notwithstanding the stern and penal
voice Of tho law positively forbidding
such transaction. to the Metropolitan
Police Board. Ii was loaned by him,
through Mr.. J. H. Oglesby. Fiscal
Agent. who managed to absorb six OF
seven thousand dollars IN construc-
tive commissions, etc, between
the delivery of the check and
money by him to Mr.. Dubuclet, and the
payment to the Police Board. OF the
interest fund thus diverted. While thus
admitting the criminal acts OF the Treas
urer, Mr.. Snaer attempts to excuse him
on account OF tho necessity OF de
facto Gov. Kellogg having to maintain
the very police system so abhorent to
the people Of New Orleans, II not to the
State. Necessity is ai'cays the tndntS
plea. The liberties Of the people are
invariably swept away, whenever they
are destroyed, because some tyrant. or
robber OF the peoples rights. sees some
necessity for substituting his will fol
theirs on account of the peace, pros
perity and welfare of the State. A bur
glar, a sneak thief, will always inform
one that they steal from necessity, and
even will oftentimes, il persons would
consent to listen, excite their sympa
thies by ingenious stories, for the pur.
pose Of demonstrating, that between
stealing and starving. no human indi.
vidual should blame them for preferina
the first to the last.
We do not know whether the public
money, being thus treated by the Treas
urer as a private fund Of his own, was