The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-05-15
THE NEW ORLEANS DEMOORAT THURSDAY, MAY Is 1873

about 1876, permanent resident Of Lou
isiana, and owned q plantation In Car
roll parish. That about 1876 he removed
his family to Ohio and purchased large
interest In q railroad there. and spent a
portion OF his time In Louisiana and por-
ton of it in Ohio. He also owns cottage In
Putin Bay, for, 1t is said, q sum mer residence.
Since 1876 he has not caused himself to be
registered as citizen OF Louisiana for the
purpose of claiming or exercising the rights
witnesses from Carroll testify that It is the
general impression throughout that parish
derived frorn his acts and statements, that ne
has left his home in Louisiana permanently
for home in Ohio, whilst some also declare
otherwise.
It Is shown that his poll tax of 1877 is paid
and that he is carried on the tax roll as resi-
dent taxpayer; but these are not his own per-
sonal acts, but the doings Of the assessor, pro-
badly during the absence OF Benham, and may
be purely accidental, resulting from careless
ness In copying from the tax roll. SO far as
the tar Is concerned, 1t mattered little whether
he was assessed as q resident or nom resident,
and after the tax roll was completed and be-
came final he could not help payhn,g MS poll
1t is also shown that he has been sued 10
some court of East Carroll and did not plead
to the jurisdiction OF the court. This proves
nothing on this point, because he m1ghL 1or
very good reasons prefer being SUED ID Carr9li
engaged in business: and besides there Is q
law passed in ----- authorizing a nom
resi- Rs in Certain cases to be sued in our
courts, and in the parish where his plantass
tfon lies 1t was possibly under the sanction OF
that law that he was sued, though a nom
rasident. besides. he has an agent in that
parish representing him fully, and even an
absentee may be sued by attachment when
he has property In the jurisdiction OF the
court. But it lis also shown that shortly be-
fore the last election his attention was called
TO the repatriation, and he refused to be regis
tered. Il is further shown that he has accepted
In Ohio and is exercising the duties OF an
office requiring great deal Of his timen sec
ton for which, by the laws of Ohio, Is that he
sho,,ld he q resident Of Ohio. It is not to be
presumed that he violated the prohibitory
laws OF Ohio. Does not that act Indicate
more clearly and unequivocally than any
other his real intention as to residence, espe-
cially when coupled with the fact OF his re-
fusaf to register here on the eve Of the cleo
ton, and the further fact that he admits him
eelf that he did tell the people OF Carroll that
his interest in the railroad In Ohio would
eventually force him to abandon his resi-
dence in louisiana
These facts induce us to believe that when
he removed his family from Louisiana 1t was
without the fixed intention OF retaining his
his family or himself, as has been stated by
one witness. said to be his attorney at law.
And we are Constrained to come to the con-
cI,1sion that he is q citizen of Ohio, his family
residing In Columbus, O., with summer re-
sort in Putin Bay and plantation In Louisi-
ana which he occasionally visits to collect
his rents and On business only.
II ia also evident that his friends and as
sociates in Ohio believe him to bea resident of
Ohio and entitled to vote there, as he was So
licited by them to vote there. Although he
refused to do SO at that time mo specified date
being shown) m the ground that he said he
aS haga beep beope his @
~ The office 40 secretarv of the rail-
road and cannot disproye his accept
ance of that office, requiring him to
and the performances of the duties in
cmmbent mon him al such. recurring much Of
b;e time entail ,lnon him irrevocabIv the con-
sanuanca ~ his act and virtually proves his
actual and legal residence to- he in Ohio from
tha tina no Consented IL All and did fiji the
d,tias RI that, charge in that State. In this
ref,1saI he was certainly actuated by some
strong reason.
It was In his own power to have settled all
the doubts OF this qqestien u ms davoI w 4h;a
ronvention and before the election. when his
act could not have been looked upon with
any suspicion by coDsenting TO De registerea
ao 70 So instead ~ ref1,sinp 70 do it. neriaps
and most probably because he thought or
knew that II he had done 80 he would have
forfeited his secretaryshlp OF the railroad 1
tnrpa.t e =, ~ - SEo M N '0'Ao - : -
For these reasons we cannot but consider
Geo. G. Benham not a resident OF Louisiana
anu not enMIled 10 represent IL 1nis pouy any
po.llun ~ IAs p55Vtpie - ~ ,a IouLoIa ,o ho,-
leave to present a s,,pplemental report on
that part Of the case, and offer the following
resolutions. ,,..oa
-'e0foo'' 0N M II GIRARD. ~
CLAY KNOBLOCK,
nj. ). CUNNlNGHAM.
7eso thi naa ~ ronue, III
,nIasa 10 I Io .n niii1en ~ Inniaiana
That " 70 Si' Renh ~ is nnt oi+;zan RI
ahaI ITO - t nt;taa - noI aat 10 tbia
Convention.
That the Committee on Contested Elec-
tlons De alio wv 1urLner Zine 10 report on tae
Gonuention aa naIeeata from the narish RI
East Carroll