New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-05-07
CONFLICT OFJURISDICTION

s. N. Burbank VS.. Metropolitan Police
Board.-In this case Lieutenant Governor
Oscar J. Dunn and others, members OF the
Metropolitan Police Board, were ruled to
show cause why they should not be punished
for a contempt of the authority Of this
court.
1t appears that on the twenty-ffth of
October, 1869, s. N. Burbank obtained an
injunction from this court, restraining the
Police Board from electing a successor to
his Office of treasurer, from which he had
| been dismissed by resolution of the board.
Pending this Injunction, the parties
defendant brought a suit in the Eighth
District Court, heretofore reported, by
which it is alleged they committed con-
| tempt OF the authority OF the. SIKH District
Court.
The parties all appeared in court, rep
resented by E. c. Billings, ESQ.
| Mr.. Billings read the answer Of William
| NJ. Robinson, stating that he was not party
to the original suit. and asking to be dis
missed He also read the answers of the
| other parties, denying the alleged con.
| tempt. ard the answer of E. Filleul, attor-
ney- at law, showing that he acted consCien-
| tlously as an attorney.
| L. Madison Day was requested to act as
| dnaicuS cltride, and accepted the trust.
| The answer of Mr.. F!leul was adjudged
| to be sufficient, and the rule as to him was
discharged.
After somewhat lengthy argument by
counsel, Judge Cooley said:
| | Can not admit as an excuse that these
parties acted by advice of counsel. II this
is al excuse, there Is DO use for courts.
I ,t.t> nd lie
reputable. Some will give whatever advice
| that may be wanted.
| The matter is a plain one, in my Judgment.
| The parties have a remedy in the supreme
| Court, and if they consider themselves in
| jured by judgment OF this court, they can
| appeal.
The idea that the Eighth Court is investe d
with exclusive jurisdiction in these cases
| may be correct, but | 40 not think SO. Ine
| Supreme Court must decide.
Nv own knowledge of the disposition OF
| these men satisfies me that they intended a
| contempt of this court. Mr.. Flileufs case
| is protected by the law, and the rule as to
| him must be discharged.
| As to Mr. Robinson, he was not a member
| OF the board when the original suit was
| brought. and he is discharged.
| The other parties have been guilty of con.
| tempt.
| The Judgment of the court is. that Oscar
| J. Dunn Thomas Isabelle, william George
aud the other parties not specially excepted
| shall each be imprisoned five days and con-
| demned TO pay fine of ninety-hye dollars.
! They can relieve themselves from lmprlson-
inert by Withdrawing the suit in the Eighth
| District Court.
HABFAs CORPUS BEFORE JUDGE DIBBLE.
| Immediately after the decision by Judge
| Cooley, Mr. E. C. Billings asked f0r a copy
| Of ta prnpapdpG n "a w
up petition to Judge Dlbble for writ OF
| habeas corpus, with view TO discharge OF
the prisoners. =.
By Lalf-past one o'clock Sheriff Maxwell
| produced the prisoners IN court, and the
| trial proceeded.
Mr.. Billings read the petition Of the pris-
oners, explaining that they were illegally
swer Of the Sheriff, producing the commit
mens By Judge Cooley as his Qualification for
| holding the defendants in confinement.
DECISION OF JUDGE DIBBLE.
| EsThe Judge remarked that he was called
| upon to act in matter of very great deli
| cacy. He felt how absolutely necessary it
| was for the proper administration Of Justice
that judges should recognize and respect
| the orders of other courts; bnt still there
| was higher duly. which required Judge
to protect parties litigant who had sought
| relief at his hands.
He went on to remark that the law Great
| ing the Eighth District Court had abso-
lutely and unequivocally diveste- the Sixth
| District Court from control over the case OF
! S. n. Burbank vs. the Board of Metropolitan
| Police; that the law left the judge of said
court with no power, except to transfer the
cause to the Eighth District Court, and vest
ed said court with full and sole jurisdiction
over the case; that any and all orders made
by the Judge of the Sixth District Court were
therefore totally null. void, and of no effect.
The cause was actually pending in the
Eighth District Court.
| The suit which was brought in this court,
and for which proceeding 6 lDe REALTORS have
been arrested and confined, was Instituted
under the eye OF the court.
| The Judge remarked that in granting the
order he had considered, and now held that
| the Judge of the Sixth District Court was
without authority to proceed further In the
| subject matter of tie dispute.
| Judge Dibble then concluded by saying
| that, inasmuch as he must consider the
| order of attachment against relators as
| having issued in case really pending IN his
| court. but by the process of another court,
and therefore null and vod, and as he felt it
his duty to protect lltigants in his court, he
! ordered the reat0rs to be released.
| The Judge then continued to say, that, III
| order to protect the litigants who are rela-
, tors, he would make the following order:
ORDER.
That the Sheriff of the parish of Orleans,
be and he is hereby ordered and required
not to serve writs OF attachment or other
process, against the members of the Board
of Metropolitan Police, in the suit OF s. n.
Burbank Vs. The Board of Metropolitan Po-
lice which was originally brought in the
Sixth District Court for the parish of Or
leans, but which has been by law ransferred
to this court; said law Civesting said
Sixth District Court Of all jurisdiction In
| sand case, except for the purpose OF entering
an order of t.ansftr to this court, and vest
ing tt is court with full and exclusive jurls-
diction to hear and determine the same
under penalty of suspension from office.
Messrs J. 8. Cotton and Alfred Philips rep
resentng the Sheriff. whom they remarked
was only desirous of obeying all proper
orders that might be directed to him, re-
Quested Judge Dbble to consider that this
order might have the effect of removing MIR.
| Maxwell from Office. The judge replied
| that the order seemed necessary to protect
the relators, who, as htigants i'll his court
were entitled to protection; that as far IA
possible, he would protect the Sheriff, but
In this matter he could not take into con :
sideration what might be done by another
Judge. The order must accordingly be en-
tered upon the minutes of the court.
The Sheriff after consultation with his
counsel, released the prisoners from
custody.
The Summit (Mississippi) Times laments
the threatened extinction of the Conserva-
tive press of that State by the withdrawal
of official patronage from them. A leading