The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-12-05
EVENING SESSION.
Recorder smith Answers by Letter and Is
Finally Removed from ONCE.

At the evening session the Mayor and ali the
Administrators were In their seats punctualy
ut o'clock Recorder Smith was not present
After the calling of the roll the Mayor said
Il will sta 9 that the secretary has received a
letter from Recorder Smith. which he will read"
The letter after charging the Council with at
tempting to railroad the case through. declares
the Recorder elect Mr.. Michael Sheehan had
already qualified according to law aud that the
beys g. me tec3 tr office had been left by
Sheehan.
Administrator Houston here moved that tho
Council proceed with tho I'm peachment
Admin TRAITOR Cbevalloy asked the City At
torney whether, ia his opinion, the impeaoh-
Smith hal ceased TO be a city official
In answer Mr.. McCaleb said that there was no
official evidence before the Council to that ef-
feet. and that Recorder Smith could not resort
tosuch short cut to avoid impeachment
MI. McCaeb then read the law relative to the
Impeachment Of recorders. y
. Admin traitor Houston. In bis turn said that
the successor Of keco.de Smith. Mr.. Sheehan.
was not in possession OF his commission from
Secretary Of State and taken tho oa tn of office
:, Administrator Chevalley asked for informa-
1ion Whether city officials required commits
sl0ns from the Governor. He thought not
To this the Cry Attorney replied that there
was nothing before the Council to prove that
the contents Of the letter of Recorder smith
were true. and that In the absence Of such evil
dence the Investigation should be carried out
a unanimous vote was then given to 20 on
with the proceedings.
Administrator Isaacson being sworn said. In
substance In answer to the questions of the
Oily Attorney.
am the Administrator Of Finance Of tho civ
OF New Orleapts. and have been such since the
eighteenth OF November. have not since tina;
smith any sm 6h ssid n
with me that he had retained the moneys TO pay
himself for his salary due by the city; that ne
showed u disposition to do 30. Recorder Smith
did admit that no had received fines during the
time mentioned.
The next witness was Administrator John
Glynn. who said: am Administrator Of Ac.
counts OF the city Of New Orleans. Recognize
Smith. published In the official proceedings of
the Council. rs being identical with the original
assumed the duties Of Admin traitor OF Ac-
the reception OF Recorder Smiths answer told
his messenger that would be glad to mGst thu
Recorder to make the settlement refer Nd to
IN his letter. saw tho Recorder the next day
long after the hour appointed for the meeting
ne told me he had not called at my Office accord
OF the correspondence In the DEMOCRAT He
admitted TO me that he had kept money paid for
tnes. and added that he kept correct accounts Of
to walk up and see the book. answered that |
had no desire to see his book. and that would
have to do my duty as Administrator Of Ac-
MIR. McCaleb here declared the case closed for
the city. and there being no evidence for the
defense he proceeded to argue the case for the
prosecution. The argument was brief and TO
The point After reviewing In few words the
articles OF impeachment, he said that. so far as
the Recorders retaining the money he had
collected for fines. he was not authorized
W do so under any law. Three decisions
In the ANIMALS supported this argument. Mr..
McCsleb then read ut length the decision of the
Supreme Court. 2! Annual. .. l61. Morgan Judge.
An the case OF the city W.. Martin Finuerty.
gshatlnger. The close Of the argument was
Gals: thCt the recorders giving no bond the
people could only look to their integrity and
honesty ns security against malfeasance;
In seeking to evade the law by an at
tempt TO vacate his Office. and his weak
defense OF desire to settle with the city Mr.
McCaleo said that II the course of Recorder
provoke confusion and dishonesty; that any
other official might plunge his hands into the
city treasury, to tho detriment of all the other
creditors OF the city. %
The argument being at AMEND. Administrator
Chevalley introduced resolution asserting
that the charges against Recorder Smith were
satisfactorily proven. and declaring that he be
rnmoved from office. which WAS unanimously
M,,.or Patton thereupon said that the law re-
uuired the votes Of five members Of the Council
To impeach an official. Seven had voted in
favor OF the resolution; therefore Recorder
smith was removed from Office
Administrator Houston moved that COPY OF
the proce dings be served on the late Recorder,
and also on the chief OF police for his guidance
resolution authorizing and empowing him, as
Administrator of improvements. to do the
work upon the streets abandoned by the strset
Contractors, Messrs. BARLEY Fayssoux. {
Mr.; Houston. In exclamation. SAID d thaI' ac