The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1870-01-01
Decisions of Supreme Court.

oAutt 90 jCL. IL. c. OtIGCI' Us. III.
@. W|urmoth, Gorernor, ct a., the
State Itercenor-Appeat from the
Sinth District Court Of NeaU Or
leans.--Taliaferro j.: This is an
appeal from a Judgment dismis-
sing the Intervention and render
ing gperemptory amandamus issued
upon the application of the
relators against the Governor of
the State, to compel him to exc
cute and deliver to them forty
eight State bonds, in payment of
certain public work authorized to
be done by act Of the Legislature
of Sth September, 1865, entitled
ssan act to provide for the improve
ment Of the navigation Of Red
River.''
Defendants contend that the
court has no power to compel, by
mandamus, the Governor to per-
form acts within the sphere of his
department.. Defendants also al
lege the unconstutionality of the
act of the Legislature under which
the REALTORS demand the bonds.
The constutionality of the act
cannot be inquired into in this
proceeding.
The only inquiry is as to the
power and authority of the court
to order, by writ OF mandamus,
the performance by the Governor
Of the acts required by the law to
be done by him. In the organi
zation of the Government, three
separate bodies Of magistracy are
established-the. Legislative, the
executive and the judicial.
1t was intended that the func-
tiOns of these coordinate branches
should be conjointly exercised,
but that the functions Of each
should be separately and distinct
ly exercised, within its own sphere,
and as far as practicable indie
pendent1y of those Of the other
branches. Neither branch is per-
mitted to exercise the powers ap-
propriate1y belonging to another.
The Governor must be presum-
ed to have the discretion and the
right Of deciding what acts his
duties require him to perform;
otherwise his functions would be
trameled, and the executive
branch Of the Government made
subservient to the Judiciary.
There is error in the order of
the court below, rendering the
mandamus peremptory.
Judgment reversed, the writ of
mandanus set aside, and REALTORS
to pay costs in both courts.
State on the relation, ETC.,
against John L. Lewis, Judge Of
the Eleventh Judicial District Of
Louisiana.-This suit is brought
under the intrusion act against
John L. Lewis, claiming the right
of exercising the duties Of Dis
trict Judge of the Eleventh Dis
trict. The defendant appealed
from a Judgment Of the District
Court, divesting him Of the office.
The Court, Taliaferro, Judge,
Overruled the motion to dismiss
the appeal, affirmed the decision
Of the lower court in overrulinG
the bills of exceptions, and con-
cluded in a decision upon the
naked merits Of the case, which
affirmed that the Judge was dis
qualified from holding his posi-
ton. The point made is: "That
the defendant held in the State of
Georgia the position of Solicitor
General, and was a member Of
the State Legislature, in which
Office having taken oath to sup
port the Constitution of the Uni
ted States," he subsequently
engaged in the rebellion, and
hence the disabilities incurred by
the third section of the fourteenth
amendment have not yet been re-
moved. The Court pronouncing
upon oaths, ,justifedthe strong pre-
sumption that, as a member Of the
Georgia Legislature, the defen-
dant took an oath to support the
Constitution of the United States,
nothing is offered to rebut the
presumptions, therefore the judg-
ment of the Court below is correct.
A number of gentlemen of
wealth and influence, we learn,
have organized a subscription to