The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-05-15
OFFICIAL JOURNAL
OF THE
CONSTITUTIONAL CONVENTION
STATE OF LOUISIANA.
Twentieth Days Proceed ings.
or THE

l
The Convention was called to order at 2
ident, and 121 members.
Absent Messrs. Augustin. Babcock, Carey,
Gaskins, Long, Mentz, Moreland, Roach,
Semmes, W. b. Smith, Strovich, D. Young.
Prayer was offered by the Rev DR.. Palmer.
The journal Of May IL was corrected and
approved.
On the motion Of Mr.. sutherlin the journal
OF May 10 was amended by making the mo-
ton Of Mr.. McGloin read, Articles 4. s, and
90" etc.
On the motion Of Mr.. Robertson the unfin-
ished business of Monday, May -, was post
poned In order to take up the calendar
| REPORTS or Committees.
| Mr., Girard, chairman, on behalf Of the
Committee on Contested Elections, presented
report in the case OF Kemp VS.. Kemp, and a
resolution confirming the right OF the incum-
bent.
The report and resolution were ordered to
lie over under the rules.
Mr.. Chiapella, on behalf Of the same COM
mittee, presented the following report:
| IN THE MATTER OF J. W. MONTGOMERY VS..
| GEORGE O. BENHAM.
Before the Committee on Co7tested Elections.
To the Honorable the President and Members
OF the constitutional Convention:
The undersigned, members OF your Com
mittee on Contested Elections, beg leave TO
file their report In the above entitled cause OF
contest for the seat OF delegate to this Con-
yention from the parish of East Carroll, and
to submit the following facts and recon-
mendations to the consideration Of your nom
orable body:
| The undersigned members concur In the
proposition laid down in the report OF other
members OF your Committee on Contested
| Elections that no one Is eligible to this Con-
stitutional Convention who Is not an elector
and citizen Of Louisiana, and resldent 81
the parish he purports to represent; ana they
are Of opinion that the fact OF ineligtbility OF
delegates can be inquired into by any citizen
and resident OF such parish.
But they are further OF opinion that George
| G. Benham is citizen OF Louisiana, an
elector and resident Of the parish Of East
| Carroll, and is entitled to a seat IN this
honorable body to represent said parish. y,
| The undersigned members OF the commit
tee find, according to the evidence, that
George G. Benham established his residence
| In the parish 81 East Carroll In 1865; that he
has represented said parish IN different Legis,,
latures; that he owns two plantations In said
| rolls as resident, and that he has paid poll
| tax In 1878; that he voted there up to 1876,
and that he sues and Is sued In the courts OF
that parish and judicial district They find,
as citizen Of Louisiana and resident OF East
Carroll, not only by persons residing there,
but by persons residing In Columbus. ONO,
and by bis merchants In New Orleans, and
other friends In this city.
or 1878 he sent his wife and family to Column
bus, o., and shipped some furniture to that
place from his plantations In Carroll parish;
| that his children are being educated In the
schools Of Ohio, and that his wife is now re-
at Tnnthpr'S Thrnli. -
| Gay street, Columbus, o.; and also, that he
has accepted a situation OF secretary OF a
railroad or projected roailroad from Column
bus to Gallipolis, Q. statute Of Ohio has
no citizen Of any other State Is qualified to
hold Office in any company Incorporated
under the laws Of that State. Finally, II 1s
proved that since the division Of the parish OF
Carroll into the two parishes OF East and West
Carroll, he has not made any declaration OF
domicile at the recorders office of the parish
Of East Carroll, and has not voted at the cleo
lions Of November, 1878, and March, 1879, nor
though he was In the registrars office during
registration and was asked to register.
| But 1t is proper to state, on the other hand,
that when solicited to register and vote at the
| last elections in Ohio he declined on the
ground that he was a citizen OF Louisiana,
and the certificate Of the proper authorities
In Columbus, o., shows that he has not had
his name inscribed as a citizen of that State
|
These are the main facts Of the case upon
which your committee had to decide the
question Of citizenship and eligibility OF the
said George c. Benham.
mass OF en parte af1idavits on both sides
i establishes that In the opinion OF some citt-
zens Of Carroll parish he was not to be con-
sidered as citizen OF Louisiana and a resi-
dent of that parish, and In the opinion OF an
equal number of citizens of that parish he was
to be considered both as citizen Of Louisiana
i an nf These
Wits were all admitted in evidence, all objec-
lions being reserved to their effect.
The returns of the Secretary Of State are
also in evidence. and show the following re-
suit, viz: .-..-..r-
George G. Benham received 5000. ITO votes.
| f. r. Barthelemy received. ....... 217 votes.
J. w. Montgomery received. ....... 1853 votes.
Scattering votes Observation-Disclosures. 3votes.
Total 1853 votes.
I The majority of Benham over all the other
candidates is not to be considered at all In
the decision Of this case, except as a declara-
ton by no voters that, in their opinion, he
was citizen Of Louisiana, and a resident Of
the parish Of East Carroll; for It will not
lightly be presumed that they should have cast
their votes for candidate who was not eligi-
BILE, especially when the question OF his in
eligibility was one OF the main issues OF the
campaign. The majority OF Benham also
avails to exclude any and all claims on the
part of the defeated candidates, for his ineli-
| gibiIity, il proved (which is not admitted by
the undersigned members Of your commit
tee), was not so notorious as to induce US to
believe that the no voters meant to throw
away their votes.
Cooley's Constitutional Limitations, page
$40, and note bottom page.
| 1t is evident to the undersigned that the
contestant has no claim to the seat now occu-
pied by George G. Benham, nor has the
other defeated candidate.
| The only results that can be arrived at are,
either to maintain the said George G. Ben
ham in his seat If his ineligibility has not
been proved, or to unseat him and declare a
vacancy to exist from the parish of East Car
roll, il he were not citizen OF Louisiana re-
siding in the parish of East Carroll.
The question OF State citizenship is based
upon domicile in State. Under the fourteenth
amendment Of the constitution Of the United
States and the decision of the Circuit and
Supreme Courts Of the United States no per-
son Il a citizen Of a State without domicile
| therein Domicile in a State is of the essence