The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-03-08
STATE OF LOUISIANA.
Ferty-elshth pays Proceedings.


Governor and President Of the Senate
On call Of the roll the following Senators
answered to their names:
Me,srs Allaln. Bryant, Burch. Demas, Du-
mont, Goode Mitchell, Richardson, Robert
son, Stamps, Stubbs, Wakefield and lacha-
rie--13.
Absent Messra. Boatner, Breaux Gage,
Dueros, Ellis, Garland, George, Ola, Grover
Harper, Kelly. Landry, ODonnell, Ogden,
Perkins, Sandiford. Steven, Sutton, Texada
Twitchell, Wheeler, White aud Young 20.
Thirteen Senators present. md no quorum.
On motion Of Mr.. Robertson the Senate
took recess until II o'clock n. IN.
sThe Senate was called to order at II o'clock
n. m. by the Hon Louis A. Witt, Lieutenant
Governor and President Of the Senate.
On call of the roll the following Senators
answered to their names:
Messrs. Breaux Bryant, Burch, Cage, De-
mas, Ducros. Dumont, Ellis Garland, George,
ella, Goode, Harper, Kelly, Landry, Mitchell,
dlford, Stubbs, Sutton, Twitchell. Wakefield,
Wheeler White, Young and Iaclarie-a9
Absent -MessrR. Allain, Boatner, Grover,
tODonnell, Stamps, Steven and Iexada z.
On motion of Mr.. Kelly the reading OF
the journal in detail was dispensed with.
REPORTS or COMMITTEES.
Mr.. Ducros, chairman Of the special com
nttee to investigate charges against parish
officials of Madison parish. submitted the fol-
lowing report, which was received and lies
over under the rules, aud was ordered printed
In the journal
TO the Honorable President and Members of
the Senate
Your special committee appointed to lnves-
tigate charges brought against w. Il. j.
Clemens, clerk, and II. w. Peck. sheriff. Of the
parish Of Madison. after having heard great
r.
ton. has come to the conclusion that under
the peculiar circumstances OF the said officers
cases, IL would not be advisable for the Cen
eral Assembly to exercise the judicial power
conferred upon it by ticle LOG OF the consti-
tuition providing that ''al civil officers shall
be removable by m address Of twothtrds Of
the members elect to each house of the Gen
eral Assembly. except those whose removal Is
otherwise provided for by said constitution"
1--cLEMENs' CASE.
d. Clemens, although d man Of some edu-
cation courteous, atfable IN his manners and
ready to ohlge the members Of the bar and
the public In general, is incompetent rs Il
officer of court, and SO dsorderly in bis
habits that the records Of his Office have been
thrown, since his entering on the discharge Of
his official duties into the greatest confusion,
to the great annoyance of the attorneys at law
and parties having business with his Office, and
TO the great danger OF the loss of important
papers and Documents: but your committee
has thought ii inexpedent to advise his being
addressed out Of Office on said grounds, mas
much as he was incontsstably chosen to the
position he now occupies by the verdict of his
fellow-citizens, who are presumed to have
known, prior to his election, his fitness or
want Of capacity for the public functions de-
voved upon him by their suffrage and also
for the reason that two many other officers In
this State are liable to the same objections to
justify the General Assembly in combining its
attention to and wasting Its precious time on
this particular, case
b. On the charge of having DESTROYED and
done away with public documents. such rs
the scrip book of the parish, for instance,
and which was subsequently, recovered from
the waters OF the Mississippi by fisherman
of the vicinity, although strong suspcions of
criminality fasten on Clemens, yet your com
mittec could not conscicntiously call upon
your honorable body to pass judgment there |
c. As to the charges of perjury forgery and
extortlon IN office, your committee would say
that Clemens has been indicted and informed
against on said charges In his parish, and will
soon be tried thereon by u jury Of his own
parish, and that 1t would DO unwisc, In your
committees opinion on the part OF this hon |
orable body or OF the General Assembly to |
forestall the verdict or sentence Of the local
authorities. which are called upon to pass
upon his guilt or innocence with regard to
said accusations.
2-PECK'S CASE.
a. Peck's ucompetency as Sheriff has
been shown by the evidence heard in commit
tee, but II appears from said evidence that he !
hns and has had competent deputies to fulfill
the functions of his Office.
b. Tho charge made against him Of hay
ing destroyed public property is absolutely
futile and disproved by the evidence, which
has established the fact that il any damage
has been done by II bear chained and kept by |
Peck in the court yard the damage has not
exceeded the sum Of two or three dollars.
C. The conduct OF that officer is rather Of
an immoral character but the charge that he
kept or lodged women Of ill-famein the court
house Is not made good by the evidence, which
shows that once on u certain evening women
OF that description were found in one room Of
the court building in indecent company with
the deputy sheriff, but without the knowledge
or consent Of Peck and during his absence
from town. and that said deputy was dis
charged by Peck us soon as ne heard Of the
ScandalOus occurrence.
d. This immortality and other acts of com
mission and omission on the part Of Peck do
not, In the opinion OF Your committee war
rant the action of the Senate or of the Gen
eral Assembly III the form Of address for
his removal from Office.
G. And on the other hand, he IS indicted for
bgamy by the grand jury Of the parish Of
his domcile, of the reasons hercinabove. given
for the propriety of the observation-disclosures Of
the General Assembly with the criminal cases
pending against Clemens, apply with equal
Justice to Peck case,
Your committee would, therefore, respect
fully suggest the suspension OF all action for
the present on the part Of the Senate relative
to the charges brought against said officers.
PA. DUCROS, JR Chairman.
Mr. White, for the Committee on the Judi
ciary, submitted the following report, which
was received and lies over under the rules
Your Judiciary Committee report favorably
on Senate bill No. ZIG, with the following
amendments
After whenever" in line 4, insert amy tax
payers of any parish representing directly, as
owner, a ma ority Of the taxable property Of
such parish" and strike out all after when
ever, III line 4, down to parish" inclusive in
line B.
Z. d. WHITE Acting Chairman.
Mr.. Ogden, chairman of the Committee on
Parks and Public Buildings, submitted the
following report, which was received and lies