The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-02-04
THE NEW ORLEANS DEMOCRAT WEDNESDAY FEBRUARY 1880

than $25OO could be- realized on executo
against him and his security. y was N
opinion that the settlement with Young wa
d final settlement between him and the boarf
and could be- pleaded In bar Of another &C
| tion."
From this testimony 1t appears that tn
| resolution of tho board with the Judgment Q
| dismissal and certificate Issued In pursuanf
| thereof were in execution OF n cempronls
with Young by which the board consented T.
accept $500 IN cash and the transfer OF tn
credit In the insolvent Froedmen's Bank II
| satisfaction Of this indebtedness. amounting
to the sum Of $33oi2 33 Your COMMITTEE
| have nothing to do with the motives this
| aetuated the board, nor with tho question o
their authority to mako this extraordinary
settleIuent The Investigation Was made II
discharge Of the duty imposed on them t.
ascertain If tho certificate before them was II
| substance what 1t purported to he, evidence
Of q bona .fttc settlement by Young OF his LII
debtednnss to the parish.
| II your committees had been able 70 hscer,
! tain that there existed any difference OF
| opinion or any doubt as to the fact on amount
| Of Youn4s Indebtedness, and that this com
promise had been made to reconcile sueJ
doubts or differences, u spirit Ut fairness and
equity would prompt them To accept sueh
settlement as conclusive, but with the evil
dence before them THAT tho compromise, II
compromises IL can be called, was forced on
tho board OF school directors ny the fact
that Young and his securities had made way
with tho moneys belonging to the school
fund and had put their property beyond the
reach of legal process, and with tho distinct
statement of the Hon. George L.. Walton,
that tho settlement was not y settlement
based upon tho Indebtedness Of Young to tho
school fund" 1t would be moustrous per-
version Of terms to say that there has been q
bO,sn f,fe settlement of this Indebtedness
Your com mlttee have taken both the letter
and the spirit Of article III OF the constitu-
ton. They have aseertnined that the lndebt-
eduess Of Young to the school fund NJ the date
of his removal I'm 1877 amounted to the SUN
OF S3a92 49, that the certificate which WAS
submitted to them. and which poseessed In
form tho requirements of tho article of the
constitution. lacked the essential element OF
reality. and instead ~ "videnClng an honest
settIemeutby Young Of bis indebtedness, evil
deuCad ~ settlement under circumstances,
which should aggravhte rather than mitigate
the original o1euse.
In conclusion, Your COMMITTEES feel con-
strained to say that To admit tho person hold
Ing H. cert iticats thus, obtained to y scat I'm
your honorable body would be to violate tho
letter and spirit of article III of tho Gonstitu-
tion, md to practically defeat tho intent Of
the trainers by putting it In the power Of
every defantlng custodian of public moneys,
whose property could not be reached on exc
cution. To purchase immunity by a payment
of u tithe Of the sums etnbenzled
1t has long been notorious that tho civil
and criminal courts VI tho State arc almost
p3WtilttsS W JsHtH NIS GIASS hl DItrlueES,
and. II this honorable body, which is the sole
Judge Of tho qualifications of Its own mem
beers, should from mistaken Ienlency, or by
adhnrng too closely to the letter Ut the law
in disregard of Its spirit. create - precedent
which will render the constitutional rw3trtr-
tion Imperative, by putting il In the power Of
such Offenders to condone their nlfeDaes at
every time hy colIuding with or by taking
advantage of tho weaknesses or necessities
of other public servants, society will be- de-.
~
guards. and the law will cease To TO q terror
To evil -doets
We have tho honor to report That David
Young has smbez1led 833,9l2 33 of the
moneys of the school fund of tho parish of
Concprdiu, OF which sum he has restored only
$500 and the value of the credit In the insol-
vent Freedmen's Bank, nnd that he la ineligt-
bio to II seat In this House.
Il. G. MCCULLOUGH,
Chairman,
w. s. PRITCHARD,
JOHN l.. HANEY.
mittee on Elections and qualifications, pre-
sented the following report:
Rooms COMMITTEE or ELECTIONS
and Qualifications. !
Now Orleans. january &c. 1870. }
To the speaker aud Members Of the House Of
Representatives.:
The undersigned, q majority of the Com
mittee on Elections and Qualifications, to
whom WAS referred the matter OF David
bility to tho General Assembly under article
III OF the constitution, 1t being charged that
he WAS defauter, and therefore Ineligible to
tho General Assembly, beg leave to report as
follows:
The COMMITTEES have carefully investigated
all tho facts connected with the case. 1t ap-
pears that certain judicial proceedings, both
civil and criminal, had been instituted against
Mr.. Young by the school board OF the parish
Of ConcOrda through the district attorney.
In consequence OF q settlement made by Mr..
Young, which discharged him Of all liabilities.
Mr.. Young produced the Judgment OF court
which WAS rendered Ia his favor by resolu-
tho district attorney, he also produced q GER
tlficate OF discharge, showing that he had
made a settlement to the satisfaction Of the
board; Judge Mayo, who was then district
and Senator Walton, who was a
member Of the school board, testified that
the settlement made was final and complete,
and discharged MIR. Young of all liabilities as
treasurer of thesschool board.
Wherefore your committee respectfully re-
port that they are Of the opinion that Mr..
Young IS eligible. and they respectfully rec
that he be recognized as tho duly
elected Representative from the parish OF
and rs such entitled to he sworn
Ind to take his seat In this honorable body.
H. bODIN
II. g. MORGAN,
EDW. WILLIAMS,
Z. LANDRY.
Mr.. Kavanaugh offered the following reso-
ty9on:
Resoiped. That the Attorney General Of the
state be required to give his written opinion
% this House concerning the eligibility Of
David Young, claiming a seat In this House
rom the parish Of Concordia.
The resolution was adopted.
Mr. Allain moved that the reports of the
Committee on Elections and Qualifications be
printed In the journal, and that both parties
10 heard before the House by counsel or
otherwise. @.<@ 5@ @.
The motion was carried by rising vote OF
g yeas to IS nays.
Mr.. Ogden, rising to point OF order,