New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-10-13
TIE BEE VS.. JUDGE EMERSON.

TIE BEE Us. JUDGE EMERSON.
It is always gratifying to the Rrrrr
L1cAS to be able TO speak well of the pub
lie servants Of the State. Whether thes
be Democratic or Republican in polite
makes no difference. We endeavcr t.
weigh their characters by their acts, ans
judge them accordingly. 1t has been cul
! good fortune to testify on more occasions
than one to the ability and fidelity te
justice DISPLAYED by Judge Cooley in his
interpretations Of the law; and again il
has been our misfortune to disagree with
him in other important cases. But We
have always endeavored to slow reasona-
BILE grounds for our opposition, as We'll as
our adherence to the views Of this
learned jurist.
And it strikes us az not little singular
to find that we are now called upon to
defend another Democratic judge from an
attack from one of his party organs. The
Bee made the mistake of prejudging the
Bovee case before Judge Emerson had
time to pass upon it judicially. And as
our contemporary has been fattered ly
partial but indiscreet friends into strong
belief in its own ability to discuss abstract
principles of law, it naturally clings to
its own opinions with great tenacity It
sacrifices its fealty to the officers Il its
own party to its pride Of opinion. This,
in itself, is not censurable unless coupled
with the unfortunate fact that its position
is wrong.
Our contemporary falls into the error
of assuming that the Governor is mere
ly ministerial officer, who is bound only
to perform such duties as are prescribed
for him By the written law. His duties
are sententiousiy defined in the constitu-
ton. He is charged with the supreme
executive power. That is, he is vested
with the general control and direction Of
al! the officers in the executive depart
Ment Of tie Slate, Of which he is tie
supreme head. The Auditor, the Treas
urer and the Secretary Of State are mere
" subordinate officers in the executive
department whose duties are defined By
law. In case either Of them, or any other
officer in the executive department. neg
lects or refuses 10 obey the laws, or a.
tempts to exercise powers or perform ac:s
repugrant, TO these laws it at once be-
comes the duty Of the Governor, who IS
vested with tie supreme executive pow
e-, and charged with seeing that the laws
are faithfully executed, to interpose lis
authority IN the interests Of the State.
Gle IS the proper representative CT the
State and bound to protect her interests.
So says the Supreme Court, and the as.er-
hon is entirely - accord with our notions
Of common sense.
VIVA. would be said Of an executive who
remained silent ard inactive while lie |
officers Of his department.
were committing repeated acts Of wrong: |
He would not only be in legal sense an
accessory to the crimes, but his admins !
ration would te held responsible :cr
hem in the public estimation. And as a
complete set Of rules prescribing the mode
# procedure in every supposabie case is
no attempt has been made
~ tie lawmakers to introduce them into ,
'ur Jurisprudence. The Governor is
ERECTED, il general terms, to assume 81.
IRENE control Of the executive depart
oent, and take care that all the laws are
beyed. He must be presumed 20 be
lothed with power to perform this duty,
S a command to do thing con:ers upon
be mandatee all necessary authority to
mploy the proper means to do it. And
0 suppose that the Governor would find
imself withou. the physical power to ex-
cute his official functions would be to
ssume that all the civil and executive
Ulcers Of the State would prove taithless
their obligations. It is a very violen.
to assume that any
fdcer will fail to discharge his
uties. The rule is that all
Re faithful. The exception is that few
re faithless. Besides, if it were possible
" US to suppose that the police authori-
es We're to refuse to obey the orders Of
Re Governor in a case Of the kind suc-
ested by the Bee, and that all the civil
ices OF the State were likewise d;sobe-
ent, tie Governor would be justified il
sclassng martial Law, and calling the ,
ilitia to his aid. We can not go further
to this supposing business, for we viii {
It believe that an entire community. as
rye as the State Of Louisiana, can be
und in the world, that would refuse to {
sist their Governor in enforcing the
US. When the executive is right the q
liens are bound by4heir natural obMga-
ms to aid and sustain them. To refuse j,
do so would be revolutionary, and We il
not think cur neighbor, the Bee, is pre-
red to urge the controversy to that
int. o
Another suggestion Of the Bee is, that =
2 Governor ought to have rushed into 7
, Eighth District Court, and obtained a Y
it enjoining the benefciaries of the :
escert City N'aterworks bill from al
npting to avail themselves Of the fran Il
ses granted, and judgment declaring P
act void. Well, that would be one way :
nleatinc, that diffcn1tv hr- - ,ro,,11