The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1883-05-12
ssTHE McENERY LAND CONTRACT. ,

ouCn iS tue HeduAuS Va ANSA"''' 80
ticles and communications which have
recently appeared in many OF our State
exchanges and we adopt it for the
simple reason that it is expressive;-
the subject is ga CONTRACT" pure and
simple, and as such must be dealt with.
The only point of doubt on this head is
as to the power Of Gov. Wilt to have
construed the words of the Act of the
legislature, to-wit: sthe Governor is
specially authorized herein to make all
agreements or contracts to carry out the
purpose Of this Act" as giving him au-
thority to substitute scrip, or warrants
for can allowance out Of the lands'' re-
covered by Col. McEnery, with whom
he subsequently contracted.
ssThe purpose of the Act" manifestly
was nothing more nor less than to OBJ
tain payment of a debt due the State
by the General Goyernment,--to get
the lands, or :the value of said lands"
donated 10 the State) Gin money, or
government scrip" We presume that
the members of the legislature would
have given the preference in their Act
to "the value of said lands," had it
been rendered, and that Gov. Wilt, be-
lieving any recovery doubtful, excr-
cised the discretionary power especial
~" given him in the clause of the Act
we have quoted, and so entered into
the contract with Col. McEnery.
This feature of the controversy elm
mated, the validity of the scrip is no
longer in question, nor is there any
thing to hinder the entry of lands with
this scrip. It's marketable value be-
comes the only question of importance
to the citizen, and of that he who en-
tiers lands is to be the judge.
It is alleged that Register Richard
son, however, has in some, if not seve-
raj instances substituted this MclInery
scrip for money forwarded to him
with which to effect the entry of lands.
This being the case, the validity of the
entry may be questioned, but it cannot
be questioned that Major Richardson
has clearly gone wrong, if he has not
violated the express provisions of law.
And yet, disposed to be impartial in
censure, we cannot overlook the fact
that many public officials of the State
and of the several parishes have for
many years combined the duties of Of
flee and the profits of brokerage in one
calling. What they have not been
prevented from doing, however, should
not have tempted Major Richardson
into involving Gov. McEnery's admin
istration in this disagreeable trouble.
Major Richardson should know best
how to relieve his friend, the Cover
nor, and at the same time preserve his
high standing among the people.
Regarding Gov. McEnery, it is not
only not improper but just to say, that
he is nowhere censured for wrong-do-
ing in this matter from the beginning
-(having found tho entire machinery
in operation upon entering into office)
until since the disclosures have been
made public, and it is now urged that
he has been tardy in using Executive
authority to correct the wrongs COM
planned of. For answer, the Governor
says that he has no authority to annul
the McEnery contract, already execu-
ted, nor has he any to prohibit tho use
of McEnery scrip; and that it must be
parties in interest, or the General AS
sembiy which shall bring tho matter
before tho courts for final adjudication.
On these purely legal points, certainly
the Chief Executive has a decided
right to his opinion, and having it,
should maintain it, his responsibility
to the people of the State, for whom he
Is acting, being the guarantee for his
official integrity.
OF the scope and effects of the Nc
Emery land contract, of the character
of the legislation which created it, and
OF what is now necessary to be done,
it is not our present purpose to speak.
Perhaps, some of our contemporaries
will go in the van.
IMPORTANT LEvEE WORK.