The Opelousas journal. [volume] (Opelousas, La.) 1868-1878, 1870-05-14
Rays Revised Statutes in Our
Da Aarica C0lrt.

Rays Revised Statutes in Our
DaA srics Court.
Our community is greatly excited over
the release Of several criminals in New Or
leans recently, by alolae prosequi, by the
Attorney General and District Attorney, in
consequence Of their construction of the
repeating clause Of the statute of the last
Legislature (Act No. o. adopting Rays
Revised Statutes"
At previous session, the Legislature
appointed a conmitteqof five persons, with
Senator John Ray as chairman, to revise
the general civil and. criminal statutes OF
the State. At the last session, this com
mittee presented to the legislature the re
suit of their labors, in the. shape Of a sin.
gle statute, containing 1890 sections, EN-.
bracing under sab.titles all the previous.
Iy existing criminal and civil laws, with
slight changes Of phraseology, intended to
simplify them merely, The legislature,
at its last session. adopted this statute "by
its title y and the last section declares,
That all laws or parts of laws contrary to
or in conflict with the provisions of this
act, and all laos m the am subject mat
ter. except what may be contained in the
Revised Civil Code, or Code of Practice, Of
the present session, be and the same are
hereby repealed, and
| that this act take effect OR, the, first day OIL
April, 1870" This act was approved by
the Governor, March 18th, 4. d. 1870.
Under the uniform decisions of our Sn.
preme, Court, that the repeal Of a criminal
statute, without any saving clause as to
prosecutions then pending, or as t. crimes
previously committed, absolutely barred oil
such prosecutions, and operated as a legis'
lative pardon of all such crimes, the Attor.
ney General and District Attorney in New
Orleans, by moAe proseQui, dismissed seve'
rab prosecutions pending in the First (crim'
naD District Court Of that city. A day OF
two afterwards, on said officers moving to
dismiss other cases, tho judge Of that Court
Judge Abell) stated that he would give his
opinion on the subject on the 14th inst. Ito.
day. and suggested a delay till them
which was acceded to. A case in poin!
has been presented to the Supreme Court
on appeal, and an early decision promised
In consequence Of the question bring
presented to our District Court last Mon.
day, in the Fersy (murder) case, his Honor,
Judge John E. King, defined to hear argu'
ment thereon, and discharged the petit
jury till next Monday, to give the court ard
counsel for the State time to procure from
the Secretary of State necessary official in
formation as to the date of the passage of
the act, (No. 96,) its PRONUNCIATION, and
the exact tenor of its repeating clause.
We understand that our District Attor.
ney has announced his determination not
to dismiss at this term of Court a single
case, in which the accused is represented
by counsel, no matter what may be the
,judieially settled construction of the new
law, but will require the accused to pre-
sent the question for the decision of the
court. His determination in this respect,
and the action of his Honor, Judge King,
as aforesaid, meet, and deserve, the warm
appreciation of every law abiding citizen Of
our parish. Ii, indeed, the law must be
construed to operate a perpetual bar to
the prosecution of all crimes committed
previous to the date when the new law
took Cor will take) effect, no blame will
rest apon our law officers for hasty and in.
considerable action.
Since the above was put intype, Judge
John n King has received the following
telegram from Governor Warmoth
New ORLEANS, May 18th, 1870.
Judge John e. King, a
Opelousas, La.
Supreme Court DECIDES reylsOry iegfsla-
ton Of 1870, does not repeal criminal laws,
but condenses them.
Ell. C. WARMOTH,
Governor Of La.
So there will be no general jail delivery,
and all crimes and ofenses will be prosecu
cuted as if the old laws had not been re-
vised. Probably no decision Of the pres
ent Supreme Court will give more genuine
and general satisfaction throughout the State
this q and the wisdom and discre-
ton Of our District Judge and District At
in declining to take hasty action in
this important matter, are now doubly ap-
parent.
CONSERVATIVE Press COnven-
IA fiOm."
Col bennett Of the Planters Banner,
Of the above convention, which
held its second session in New Orleans;
rem the 25th to the 2ssh Of April, says:
The editors there assembled resolved to
- cor &ha Gtoto end tho naonfp nramnfly