The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-09-03
THE OLD MACHINE" :"
How the Official Journal of a Radi.
Cal administration Ventilated
ClintOn's Rascalities as
Auditor.
Some Of the Methods By Which the
"Reform Manager of the
Times is Said to Have
Achieved Success
in Business.

. Achieved Success
Il in Business.
, We have recently come into possession o
information concerning the conduct Of th.
"late manager" of the New Orleans Time,
when he was not 80 thoroughly imbued, al
he pretends to be now, with political reform
! and honesty, but on the contrary and quite
the reverse, was the usurping Auditor OF the
usurping administration of Kellogg, created
by the midnight order OF DureIl and installed
by Federal bayonets.
This Information we shall furnish the pub
lie from time to time In order to substantiate
the grave charges the DEMOCRAT has made
against Mr.. Clinton In bis capacity as pub
lie officer, and In order that he may have an
opportunity Of seeing himself as others saw
him In those days when he was the most inso-
lent and rapacious Radical of them all, and
spent the peoples money joyously to put
down the rebel skunks in the country"
The following article which appeared In the
New Orleans Republican, December 49, 1875,
contains allegations which should blast for
ever the reputation of this unfaithfuI and dis
honest ex-oficial. Will Mr.. Clinton answer
these charges by column on independent
journalism, or will he find 1t convenient to
adopt the cunning policy OF the cutie fish or
the more idiotic trick Of the ostrich2 He
must make answer to these charges or cease
to occupy the position Of political teacher
and reformer. Let him answer or 'step down
and out"
| THE CASE AGAINST THE AUDITOR.
| On the thirtieth of April, 1874, Gov. Kellogg,
| for the use OF the State filed In the Superior
District Court petition which set forth nu4
merous Irregularities In the office of tie State
| losses In money and other ways. supple
| mental petition charges further acts OF mall
| feasance. The Auditor defen1ed the act ad-
| mitted by raising questions Of law and rely
ing on advice given by the Assistant Attorney
General. The trial of the case was COM
menced June 20 and ended July 3. At the
| conclusion Judge Hawkins refused to hear all
oral argument and continued the case to No
vernber, when briefs were to be filed In ad-
ditton to the Attorney General, Gov. Kellogg
engaged the services OF Hon. r. H. Marr and
J. Q. A. Fellows and j. B. Cotton, Esqs.
Their brief is in substance as follows: The
suit Is on the bond Of the Auditor for $4,000,
and personally for many times that sum.
The first four counts Of the petition refer to
settlements with tax collectors; with Bent
ley, OF Ascension, where S10,12 81 was re-
tanned by him from December 20, 1873 to
April II, 1874; with Anderson, Of Carroll, |
$4437 ~, FROM October 4, 1873, to April 20, |
1874; with Hine, OF st. Mary, S99I6 81, from
December 81, 1873, to May 8, 1874; with Her |
ron, OF Orleans. S1165,, from June 20, 1878, to |
dence on these counts on the ground that 1t |
was not alleged the State had suffered any
loss. The fifth charges diversion OF S47060
from the school fund: the sixth, OF S269,969 70
from the interest tax fund; the seventh, q mis-
appropriation of s16 744 36 Of the current school
fund of1873. No testimony was admitted on the
same ground. The eighth charges discrep-
ancy OF $279, ,7s3 SO Of tax receipts withheld
from the State, and the tenth further dis
court eC nero naotu. The ninth count charges
an illegal issue of $50, 300 In State warrants to
James Longstreet. The issue was admitted
and a question OF law raised. The eleventh
George W. Benham and five others. The sup
Elemental petition charges that Clinton re-
ce1ved and did not account for S25O000 OF tax
funds, and that he issued warrants to J. w.
jury of merchants was consented to, the court
refused to grant it. The brief is, therefore.
limited to the charges relative to the amounts
Of S138,557 So, SIC, ,796 rs and 10000.
Gov. Kellogg alleges there was no specific J
appropriation for any Of these. On the Long !
street warrants Clinton first refused to pay. J
Suit was brought August Is for mandamus, J
rule returnable August 26, made peremptory !,
The same day. and the warrants, S53 200 and
s7l00, on act No. SO for appropriation for
militia, drawn thenext day. Suit was brought
against the Treasurer the same day service |
accepted and citation waived by the Assist =
ant Attorney General, answer filed and man
Janus made peremptory August 28, the As :
,istant Attorney General refusing to take an |
appeal on the twenty-ninth. It does not ap- Z
bear that the Auditor asked for an appeal J
Article 104 OF the constitution says: "No
money shall be drawn from the treasury but 3
n pursuance of specific appropriations made :
~ law" The act OF 1855, re-enacted In 187O 8
Revised Statutes, page 43, section 184, fs
'quaily simple and explicit: "No warrant '
hail be drawn by the Auditor nor paid by the
Treasurer unless the money to pay the same Q
las been previously appropriated by law"
Che Auditor knew no appropriation had been y =
made by act No. 50 Of 1874. The Assistant =
Attorney General must have acted with the y
and consent OF the Auditor. Ifthey e
iffered 1t was the Auditors duty to appeal. ~
he judgment must haze been rendered By con- /. ~
em. No evidence seems to have been offered. ~ ~
he Auditor did not wish to oppose the issue y
these warrants, and he allowed suit to be Il
rought merely to cover with the apparent
anction OF a judgment an act which he had
etermined beforehand to do and which he ~
new he had no legal authority to do. With ~
ut his consent no such judgment could have ~
cen rendered or enforced. OF
Gov. Kellogg proceeds to show that the ap- er
ropriation bill OF 1874, making provision for 10
.he necessary ne amoun uI a1 for IWarrants wa youeh
hich the S13S, ,557 So was drawn, was not Y
specific appropriation any more than II 1t OF
I'D read, ''the sum necessary to pay the debts "
the State Of Louisiana is hereby appropri- ss
ted." The case OF Judge Howe ig referred to. d,
here the Supreme Court denied the consti- pa
ltionality OF the second section OF act No. SO q
1874 as not expressed In The title, and as
,rted that the debt OF the State was over
\, ,000, 900. "a A., 40. The means taken by ST
ov. Kellogg to prevent the issue OF warrants 10
lder this section are fully detailed from the I'll
me OF his conferences with the Attorney n
eneraI, the agreed absence OF the Auditor OF
week after PRONUNCIATION OF the law, and az
g bringing OF the Injunction. During the q,
'sence Of the Auditor George G. Benham or
duced his chief clerk to fill out the warrants be
,out arch II or IL. They were worthless SO
lthout his signature, and on his return he at