The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-05-15

new one be acquired amino ct tuctO.
Hennen Dig; Domiclie, p. 81, w NJ, 49, +a
undersigned members OF your CoinmiIsee , ~
Contested Elections have come to the conclu-
sion that the fact OF o dom1elle IN Vnlo mas
not been established by such aDundanI cyl
adduced by the defense. and to rebuff the pre-
sumption Of law OF the former domlcile oeing
retained by the said George g. Benham.
The undersigned members OF your commit
tee consider that 1t Is immaterlai Wnere s s
they do not impart their domicile to the nus,
band and father but, on the contrary, In legal
contemplation, his domicileis theirs. Il @. O..
30, 1870; is An. 687, 20 An. 315.
Nor does 1t matter, In the opinion OF the
undersigned members Of your committee,
that George g. Benham did accept g situa-
tiOn of secretary OF railroad COM
pany In Ohio, where the law disqualified nom
residents from holding such office: This may
road company to turn him out OF their en-
ployment, but it is no decisive criterion OF his
having established his domicile In that State.
AS 10 the intent of the said Benham to estab-
proved satisfactorily to the undersigned
members Of your committee. The election OF
domicile in the parish of. EastyCarrol for the
purpose of bringing and defending lawsuits,
his declaration to persons In ONO thaG ne
was q citizen of Louisiana, more than out
weigh declarations to several persons that
che did not feel that he had any longer m1ch
interest in this State" or that "he would soon
leave this God-forsaken country for Gods
country or that ''the nature OF his business
in Ohio was such that he would soon have TO
establish himself there permanently"
The fact that his intention to abandon his
former domicile In Louisiana was not fixed
and positive, but remained In q latent condi-
ton and had not ripened into absolute voil-
ton, is proved to the satisfaction OF the nm
dprniUDnd TnambprS or YOUR committee by
two leading facts, viz:
l. That whilst he owns two plantations ele-
gantly furnished In Louisiana, he has no
home In Ohio, and his wife Is merely sojourn-
ing at her mothers house In Columbus, Ohio.
g. That he has not made declaration OF
domicile In Ohio, nor taken the proper steps to
become citizen OF Ohio, at the risk OF losing
his situation In the railroad company under
The conclusion, we think, is irresistible that
II Benham had had the intention to abandon
his Louisiana citizenship, his interest as sec
rotary of the railroad company would have
dictated to him immediate action towards the
ACQUISITION of citizenship of the State of Ohio.
The fact that he did not register at the last
election we deem of no great moment, for 1t
would have been useless and vain fOrnal1ty
on the part Of candidate who knew he would
not be present on the day Of election.
Finally, the declaration Of thirty or forty
atlantis that they do not CONSIDER Benham as
citizen OF Louisiana, and that this Is the
common reputation In the parish, Is con-
fronted by the voice OF eight hundred electors
who would certainly not have voted for an
Ineligible candidate.
The undersigned members Of your com
mittee think that the preponderance OF evil
denceis with the contestee. But II the case were
at all doubtful, they would feel very reluc-
tant to defeat the will of such a large consti-
in this Constitutional Convention, and to
override the presumption OF law OF no change
of domicile until expressly and positively
proved,
the foregoing facts, the undersigned men,
bers OF your Committee on Contested Elec-
tons recommend that the application of the
contestant be rejected. and that George @.
Benham be confirmed in his seat as the repre-
sentative OF the parish Of East Carroll In this
HENRY CHIAPELLA,
). G. WHITE,
LEON JASTREMSKI,
CHAS. BYRNE,
I'll. G. WARMOTH,
r. B. STAMPS.
Mr.. Girard presented the following minor
ity report In the same case:
To the Honorable President and Members OF
the Constitutional Convention:
The undersigned, members OF your Com
mittee on Contested Elections, having duly
considered the matters involved in this case
of Montgomery and Benham, referred to said
committee, beg leave to present this their re-
port:
The contestant claims that Geo. G. Benham
Is not eligible to a seat In this Convention, for
reasons that he Is not a citizen OF Louisiana.
The defendant presented an exception thereto
that the plaintiff or contestant has no cause
Of action or no interest In contesting his seat,
for the reason that even If the defendant were
not entitled to the seat, the contestant does
- ay,1,r Of
votes cast at the election, but on the contrary
received the least number three being. the
candidates voted for), he would have no right
himself to a seat.
This exception was overruled because the
contestant claims the seat and for the pur-
poses of the exception, all his allegation are
taken as true this shows his interest," he
may, therefore, allege as one ground Of his
contest that the defendant Is not eligible to a
seat in this Convention, which fact might be
brought to the notice of the Convention by
any one and might be taken cognizance OF by
the Convention even without contest and on
simple resolution Of inquiry.
It certainly cannot be seriously denied that
this Convention Is representative body as
much so as the General Assembly, being COM
posed Of men elected In the manner and
chosen by representative districts, and all
written laws from the constitution Of the
United States to those OF all the States re-
quired thata representative shall be an inhabi-
tant of the country or community from which
he may be chosen. Reason also, as well as
the universal sentiments Of the American
nation, indicate that this is and should be a
fundamental rule to govern all representa-
tive assemblies IN its composition and the
qualification Of its members, because If one
section or parish may select nonresident or
alien for its representative as delegate then
two or more may do likewise, and it might
happen that the whole body would bel COM
posed exclusively Of aliens, taken or imported
hjthar from foraipp noIJntrinc