The New Orleans crescent. [volume] (New Orleans, La.) 1866-1869, 1868-01-10
gofal 5ntellisenre.

yesterday, signncant OF 81 great change. Judge
Howe, radical as he is, decided that white men
only, under existing laws, congressional and
State, are qualified to be jurors; aud Judge Dd-
planter put quietus upon the radical attempt to
get into their hands the Jackson Railroad, by
decision, which will be relief to every inter-
ested in the success of the road.
The case OF Mr.. Childs, Mayor Heath's secre-
tary, who got his eyes blackened, it is said, by
Years night when Mr.. Chids was innocenty cul
tivating the art Of dancing, will come up before
Recorder Gastinel today, for examination.
The Black Forrest scenery at the st. Charles
will shortly give way 10 the more welcome pres
ence of our American Forrest.
Some people say John Cbinaman won't work.
In reply, we point to the Constitution now being
daily put through at Mechanics Institute as
specimen of Coolie labor.
Joseph Jefferson, the comedian, accompanied
by his bride, who is, we learn. neice of Mayor
Rice, Of Chicago, reached here last evening by the
Jackson Railroad, and has taken a suite of rooms
on Canal street. he will open his engagement at
the Varieties on Monday evening, appearing as
Rip Van Winkle.
eome no doubt Industrious, but unfortunate
artist, employed 10 paint sign pointing out to
laden vehicles the road to the main entrance to
the Fair Grounds, has achieved the following:
To the Fair Grounds. For loadet wagons"
man was fonnd drunk on the streets by the
police, on Wednesday night, who had no less than
sl2l4 20 in paper money, 81 in gold and 81 As in
| silver about his person.
Pending a debate in the Baker investig alton
cese, Col. Field alluding to official corruption
| which preceded the present government of
| New Orleans, stated that he had always been a
Union nsn and that one of his friends, who had
| entertained the same opinions with him, left the
Union party and became candidate on the OPP
posite ticket. Upon eXpostuaiing with his friend
| for the course he had pursued, the latter an
| swered that be was in great need, and was COM
PEELED, from pecuDisry motives, to run for the
| position of member Of the Common Council of
this city, which, as everybody knows is not re-
erstiye one, but an Office of trust only. The
| tTiCnd, we think the colonel said. elected!
A white man, named Charles MoreoD, who oc-
| cup'ed room at the residence Of Mr. J. B.
Rousie, grocer, corner of st. Peter aud Narais
STR cts, found lying dead in bis bed yesterday.
The temperature yesterday, as shown by q.
Duhamel's thermometer, corner Bienville and
| Chsrt!es streets was at 6 o'clock A. NJ, 81 de-
grees; IL A. NJ, ~ degrees; I. NJ, AZ degrees;
P. NJ, As degrees.
Pelican Division No. l. Sons of Temperance,
will publicly install their officers elect for the
suing quarter, st their hail. No. 50 Camp street, to-
| morrow at y P. N. lecture will be delivered
ty Rev. J. W. Harmon.
| The Common Council will meet in extra ses-
sion, at the call of the mayor, this evening at 81
O'Clock.
DECISION OF JUDGE HOWE AS TO THE ELIGI.
HLIlY OF NEGROES FOB JURoRs.-In the case of
| Charles Morgan and Sam Nelson. colored men,
indicted by the present grand jury for murder the
motion TO quash the indictment, argued on Satur-
| day, was overrued yesterday by Judge Howe, Of
/
a motion has been made in this case to quasd
| The Indictment found by the grand jury now in
session. There are various reasons assigned which
| msy, however, all be summed up in the general
| prCpositicn-that the graBd jury that found the
| bill was not selected from the list OF voters
gstered under the late of Congress but from
the lest registry made under the laws OF the State
| " The counsel who advocated the motion, and the
| attorney general who officially opposes it, have
both expressed their desire that all classes OF citi
| zens might be represented on the jury. 1 have
| frequently had occasion to express the same
| wish But this is not q question of prediction,
| or political philosophy, but of strictlaw. court
| car not legislate. IL IA the duty OF jGdge to
| make faithful use Of such judicial machinery
| has been furnished to him, leaving TO the pohtj-
cal department of the government the task Of i'm.
| prOvement aud reform in such way as an in.
| sirUcted public conscience may dictate. To le-
gslate on The bench is simply 10 do evil 10 order
| that good may come.
| Taking then the local law in connection with
| the acts ,f Congress and the recent order of the
| commanding general Of this district upon the
! subject of juries, am satisfied that the present
| grand Jury is lawful bsdy. and that this motion
| must be denied. The point of this order Is. o.
2O3, Dec. 5th, 1861 is as follows:
| d" To determine who shall and who shall not be
| Jurors appertans TO the legislative power. aud
until the law in existence regulating this subject
| sball be amended or changed by that department
| Of tie civil government which the Consultations
Of all The States under our republican system vest
with that power, it is deemed best to carry out
the will Of the people as expressed in the last
| legislative act upon this subject. As the COM
nran1iDg general is appointed, under the authority
| Of Congress, TO execute the reconstruction laws,
this lsnguege must, so far those laws are con
cerDed, be accepted as decisive. and so far as the
| local laws are concerned there is no question.
| at has been urged by council with much
| earrestness that the exclusion for the present
from the jury Of class of citizens may be pro-
ductive OF injustice 10 the individual accused. But
| il uUstbe remembered that the court has large
| Iowers hch may be freely exercised to pre-
vent This anticipated evil. II is 30 be hoped that
| Jurors in this pai,h will 80 far forget their
sths 8ud their seif-respect as to indict or con
| vict person through Prejudice but. if such
| breach OF Cuty should he committed the court can
swiftly protect the rights of injured innocence.
| Discharges with or without bait, and new trials
can be granted with the same rapidly With
which unjust indictments or verdcts can be found.
"Let the motion be denied"
The JACKSON RAILROAD CAss.-Judge Duplan-
tier, Of the Sixth District Court, yesterday rem
dered his decision n the case Of the State of Louis
lana against the New Orleans, Jackson and Great
| Northern Railroad Company.
Al the last annual election of directors for the
| company, Governor Wells and Mayor Heath re-
| presenting, respectively, the State of Louisiana
| and the city Of New Orleans, made up ticket in
| opposition TO the ticket of the stockholders and
| oemaLded that, in addition to the directors which
the governor and mayor are empowered by law TO
appoint, they should also vote ex-oiicio. as stock
| holders. Had they been permitted to vote. in shat
| capacity, theii ncket would nave Deen successful,
but the commissioners Of election would not allow
them 10 vote, because, as it was held by the COM
missioners, the Stale and city interests in the cor
poraiion were fully represented, in cJntempla-
lion Of law, by the directors appointed By the
governor and mayor.
Gov. Wells, seeking to put in his and Mayor
Heath's directory. hessTs. Ezra Heistand, Joseph
r. Horn or and sixteen others, had suit instituted
in the name cf the state of Louisiana, in the form
of a quo tca,Tanto. demanding by what authority
the directors declared by the commissioners to
have been elected held their Offices, and by what
authority General heauregard, elected president
| Ly the board, held his office.
| TIE pesdinCs recited The facts above stated,
and the cbief grounds Of the defense were that
the governor and mayor had no right to vote at
the elections of the corporation, aud that the
parties for whom they voted for directors were
| ireligible because the charter provides that no
| one shall he director who is not stockhOlder.
Judge Duplantier in his decision confines himself
10 the latter question. at was proved that no one
| afs sha oil bv tha cot nd m