The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-12-05
THE IMPEACHMENT.
SOMETHING ABOUT STREET CON-
TRACTS SMITH PALS
TO APPEAR AT THE APPOINTED
HOUR TO STAND HIS TRIAL.

Yesterday ut noon the Council was called to
order Mayor Patton In tho chair and full
board present.
IT, Howard McCaleb. ESQ. City Attorney. asked
what return was mado on tho notice OF i'm
parchment.
The Mayor. addressing the Council. said that
Recorder Smith had waited on him In tho morn
Ing 10 say that he could not appear at ,ha bar Of
the Council Mt noon. because he Recorder
SMITH had received three different summons 70
appear in The District Courts ut tho same hour,
Admin strator Behan wanted to know what
proceedings could be taken under tho cIrcum-
Mr.. McOa'eb replied that suder the law the
Council could either prOceeF with the nvesti
CATION or let the matter go over.
Administrators Houston said that he would OBJ
iect, 70 the matter going over. because there
could be no question that Recorder Smith could
have been relieved from answering the sum
mona OF the District Courts If he had made
proper representation that he was himself on
trial before the Council. He had failed to APP
pear or taken any precaution TO be represented
BY counsel. Recorder Smiths term Of
office Will expires In day or two. and
TO enforce tho law Recorder Smith was acting
In contempt of the Council The question to be
determined was simple one. Had Recorder
Smith failed or not TO pay over to the city the
fines and forfeitures collected by him since Sep
TENDER 4, 1873. az charged2 His answer to the
A Adm Of Accounts proved that he 50
Administrator Marks arose to point of In
formation. He wished to know Of the City At
torney whether the Coupcll could proceed under
the existing circumstances y
DIR. McCaleb, in reply. said that the Council
had undoubtedly the right 70 90 so.
with the investigation.
Mr.. Chevaley, for information. wished to know
OF the City Attorney whether the Recorder
could be prosecuted after he had vacated his
ofce.
Mr.. McCaeb answered that tho Council would
have no right to try him then. as an ofIei
lie can however. be prosecuted crminally.
AT this juncture Mayor Patton said that he
Council to compel the attendance OF person
summoned before q court Of justice. and he
would suggest that the trial be postponed until
2or 3 or even 4 O clock. when the Recorders at
tendance at court light not be required.
Administrator Behan said that he agreed
with tho Mayor, and after some desultory dis
GussiOn motion to postpone until o'clock
was adopted unanimously
Mr.. Behan here moved that the Mayor and
Administrators proceed In a body to the Com
mercia Convention. Adopted
Adminlstrf@lr Houston now took the floor to
ask that the Council take some action regard
ing the Abandonment OF work on the streets by
the contractors of the sixth aud Seventh Dis
tricts. Of which they had given notice to the
municipal government. He added tn i he had
assumed the responsibility of having the
Kitchen garbage removed. and had directed his
ward officers to employ the necessary carts
therefor.
Mr.. Behan suggested that 1t would be best to
had been asked for, and also the report of the
special committee appointed to inquire whether
these same contractors had complied with the
provisions OF their contract both OF which
isrator Houston having assented the Council
adjourned to meet Mt O'Clock n m