New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-10-15
Bed FOR THE EORN BOOKS.

! BiD FOR THE HORN BOOKS.
Judge Emerson, who refused to &C
knowledge that that the American people
have constructed government which il
SO seriously defective that there is no wa,
to arrest an official offender in the com
mission Of offsnses, is now being scandal
lied by the DEN ocratic press in the most
extended Of constitutional arguments.
His motives are questioned, his princi-
pies suspected, his party fidelity derided,
his judgment impeached, his reading
ndiculed, his constitutional lore i'm
pugned. And what for? Because be de-
cided that tie first officer of the State,
and the one chosen to see to the preser-
walton of the laws, suspended from Office
an individual who was breaking the law.
This is simple statement Of tie case.
Mr.. Bovee, Secretary of State, perpetrat-
ed an act which was not more lawless
than it was alarming. He usurped all
the functions Of all the departments Of
government. He declared that to be q
law which was not. He uttered o
document as legal enactment
which had never passed the Legislature,
which was without the necessary forms,
which had been defaced, and which he
knew to be defective in all these particu-
lars. And be consumnated this ofense,
not in the interest Of society, but in the
interest Of corporation and in the face
of the public interest. Judge Emerson
decides that there must be power some
where in the State, appointed by the peo-
pie, endowed with authority to arrest such
improper actions, not by any penalty in
dicted on the agent Of the odense, but by
the suspension Of the author of the wrong
from his official capacity to commit other
and still grosser irregularities. Judge
Emerson mus! be right, or else the State
is at the mercy Of an unfaithful officer.
The judgment mus: be correct, or society |
has constructed the machinery Of its gov
eminent with view to the protection Of
its own recreant agents rather than to the
preservation of its own interests.
The suspension of Mr.. Bovee viii not
injure him in his official relations if he
shall make it appear that he committed
no wrong, although that is an almost i'm
possible event if the statement made by
him before Judge Emerson is to be taken
IS guide to the facts Of the case. He
vas merely a salaried officer, and he will
recover his salaries and perquisi:ies if the
Legislature restores him to his situation.
dis personal relation to tie Office was
merely that Of hired man, serving under
J contract for four years. The State en-
'loyed him to perform certain functions
or given term at specified salary.
lis interest is the sslary-the interest Of
he State the frlfilmen: Of the service.
+ the work is done and Mr.. Bovee is paid
'either party can justly complain, and,
east of all, Nj. Bovee. AL this fury
bout the inherent right Of man to an
flee is the merest substitution Of ar;s:o-
ratio suggestions in lieu Of the plain
republican law of letting and hiring.
What would business man say if he
'as told that an untaithful clerk was en-
-enched at one Of his desks beyond the
ever Of removal because Of defect in
ne articles CT partnership? What DO the
eople say to this new Democratic sug-
estion, that when they have elected q
1bordinate officer they have erected a
'rce that is above contro! fer three hun
red and five days in the year, except at {
re expense Of an extra session Of the {
legislature? Judge Emerson has read
" practically, and if the horn books"
at the Times refers TO gainsay the reason
lat pervades the Judgment Of the Eighth
istrict Court, then-so much the worse ,
Z the horn books. Blackstone says the 3
W is founded in reason and common i
nse. Judge Emerson needs 20 other l
1t to support him in doing a reasonable
ID common sense thing.