New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-11-25
THE POLICE MIDDLE.

H the Metropolitan Police "a Voluntary
Forced Instltuttons
The argument in the case OF Diamond vs..
Cain wss renewed yesterday before Judge
Cooley, on an issue raised by the court in a
decision opening the case anew for argu-
ment.
For plaintiff and the affirmative of the
question:. N. Ogden and Alfred Phil
lips.
For defendant and negative of the ques-
tiOn-E. Filleul and J Hawkins.
In opening the argument, R. N. Ogden
held that by the terms of the police act it
was voluntary with the city whether to
employ the Metz, politan Police or not.
The powers of the Mayor under the char
ter had not been lost, for the cities of New
Orleans, Jefferson and Carrollton had
never consented 10 The employ ment of the
police, and if the powers of the Mayor were
still intact, he was entitled to the appoint
ment of the Chief Concerning the act
No. 1, which stripped the Mayor OF all
power to appoint the police, it was uncon-
stitutional, because passed 10 contravention
of article 1853 OF the Constitution prohibit
ing action until the fourteenth amendment
was acted upon. The language is so un.
mistakable that it is useless TO comment
upon 1t. 9af
Mr.. Filleul, at the outset, combining bis
argument to the technical branch of the
case. said tSat 1--WE must not loose sight of
the fact that this II writ OF quo warranto,'
and being q, Contest tbeTeupon the question
of the conslitutionaltly OF the law has moth
ing to do with the que t on. Proceeding
upon this basis the counsel read section
twenty-five OF tn Metropolitan Police Act
which the counsel argued, declared that
all police power was taken, from the
Hsyor--all other police authority what
ever was excluded within the Metro
politan District beyond thaf which belong
ed to the Metropolitan Police-there was
NO room for any other police, and the coun-
sci read to some extent from various
sections to prove that the act
stripped the Mayor of New Orleans
OF all power. So il was idle, said the cDun-
sci, to,utge that the Mayor had any power
to appoint chief. The counsel proceeded
to urge that the plaintiff had no right to the
writ OF ono warrAnio, unless his rights had
been invaded, or unless be had been i'm
Peded 10 the exercise OF bis lawful func-
tons. He concluded by stating either the
Metropolitan act and all it, cnne0mitant
legislation mast tali orelse the parties had
no standing in e0urt nI@f ID
Judge Hawkins, associate counsel for Il q
defendant, eunieUted himself with an ex-
animation into the act and all Of its terms.
and presented few interpretations there
Of; and, having read several portions Of The
acas touched upon section twenty seventh
as follows:
SEC ~. Be It further enacted, etc, Taat
the Board Of Commissioners. convened as a
Board Of Estimate and Apportionment,
shall, on the fst Monday after their ap,
peintment, and annually thereafter, pro-
coed - make up financial estimate of the
suns raqiEed annually for expenses in the
execution Of ,crimiHal process supplying
for she fitting up, lighting, cleaning, re-
pairing, furnishing OF police Offices and sta
tons loekufa. houses of dstenlion, for at
tendance ID, aaailiens to, and repairs Of
fame Ior Office dninres aud aceommoda-
ton. Adxerfsina. printing ard stationery
poliee b.dssas niimbals and clubs, beds
and bedding lor the police force and for
witnesses s1d pranners. for eunnort
OF witnesses and prisoners while III
the custod = 90 Ne pollue.oio The seorat
police service ~ \ sad Gu 1sfe. ana also
for all sump neeeSsasS lor counsel fees. law
expenses fnd disbuF4mepls BE- De Board
OF Commissioners, orfeHdefed neeeiaary ID