New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-09-28
THE COURTS.
Second District Court.

- clubs Of Eve or more.
THE COURTS.
Second District Court.
The testimony in the case of Fuentes e
ais, against Myra Clark Gaines, a suit Il
annul the will of Daniel Clark, was yester
day closed. The case has been pending fol
about eighteen months. 1t is fixed fol
argument ON the merits for tomorrow.
A judgment of Introduction was rendered
against Mrs. Catherine Hervey, otherwise
called Eugene, forever disqualifying hel
from administering her property. The
cation by one of the creditors Of the estate
The interdicted was at one time the prOpri
tor of notorious house ON Toulouse street
She labOred under the hallucinatiOn that
she had invented cettain kind of pOmade
by which she would realize an immense for
tune. So - -Jril
Sixth District Court.
Before this court yesterday morning came
up the petition of William Mclaughlin, re
Gently sentenced to the Workhouse, under
the vagrant ordinance. by Assistant Re
corder Draper, Tbe Retition in the case i
State ex rel. William Mclaughlin vs.
Buckley, keeper Of the City W'orkhouse:
The petition Of William Mclaughlin, Of the
city of New Orleans, respectfully shows:
That he is Illegally imprisoned and deprived
Of his liberty by one 49, Buckley, the
keeper OF the City Workhodse Of New Or
leans; that he tpetitioner) was, on the
twenty-third day Of September, 1871, SEN
fenced to penal seryit1de in the City;Work.
house for a term of thirty days. under the
-charge of yagrancy, by one T. H. Draper,
pretending to act as Assistant Recorder Of
the First District of New Orleans.
That he was charged with vagrancy in
conformity to a suppositi0us law. known as
ordinance 1925, Administration series, and
emanating Fl ON corporation known under
its municipal appellation as The Board Of
Administrators Of the city Of New Orleans"
Now, petitioner AYERS that he is falsely
held. because
l. The ordinance No 1925 is in conflict with
the we'll known constitutional principle
that no statute can obtain, in cOntraven-
ton to the right Of personal liberty to indi-
viduals. unless deprived Of that liberty by
due process Of law, as understood by our
juriscOnsults.
g Petitioner was denied the right of trial
by jury. upon which subject the Legisla-
ture of the State of Louisiana has already
fixed its mandate as far as relates to war
rants.
3 Even if the law were valid the penalty
magistrate in view Of a tirst otfense.
4. L. II. Draper is not magistrate, and
can not administer Oaths in a judicial pro-
ceeding, and is consequently incompetent
and powerlcss to try or decide any case.
Wherefore, the premises considered, petit
toner prays. that a writ of habeas corpus is
sue from this honorable court, directed to -
Buckley, keeper Of the City WOrkhouse, or
whOmsOever has in charge or custody, this
petitioner, William Mclaughlin, command
ing him. Or them, to produce the body of
said William Mclaughlin in this honorable
court at ten o'clock A. NJ. September q !,
1871, and that after due proceedings had
the said Mclaughlin be discharged, and he
further prays tor all other relief in the
premises, etc.
The writ was returHable at ten o'clock, at
which hour the prisoner, with his counsel,
was on hand, when, after hearin .tbe appli-
cation, the court ordered the VIZ; .:tbe made
absolute
said: The ordinance termed No. lUs5 Will
not hold water: if it would. then parties
jerked up by the State law relative to vag-
rants, and which provides for something
very different, would afterward be arrested
under ordinance No. 1925 and put through
another process on the same charge.
Even If 1t be admitted that the Council
has the power to pass the ordinance refer
red to, the concurrent power as vested in
the State and city gives the State SUI
periOr authority, and exhausts that Of the
city in the same case. This is case similar
to that in which Congress and the State
possess concurrent power. but the power Of
Congress exhausts that of the State; there
fore, the latter can not legislate to interfere
with the act.passed by the former.
In this case the principle is the same, and
as the act has been deemed of sufficient
gravity to be passed upon by the State, the
police regulations Of the city can not legis-
late for the purpose Of Furnishing for the
same offense. 30.
/. know Of many of the city ordinances
which come under the same category, for
they seek to make certain offenses penal
which have already been passed upon by the
State. Were these acts by the city recOg-
nized as valid, it would amount to pe1se-
cutiOn Of the people.
In my opinion, the vagrant act passed by
the State exhausts the subject, and does not
give the city the power to make State
crime a crime against the city. and, there.
fore, consider city ordinance 1925 null and
void. Let the prisoner be discharged.
Eighth District Court-suit Of the Clever.
nor to Recover salary.
To the petition Of Governor Warmoth for
writ Of mandamus to compel Auditor
Graham to warrant for his salary during
the time it is alleged he 1.-THE Governor) was
absent from the State, the Auditor has filed
the following answer:
Now comes respondent, who admits that
relator is and was Governor of Louisiana
at the dates named; and he further AYERS
that relatOr was absent from the State Of
Louisiana, viz: at Pass Christian, in the
State OF Mississippi, from May to May 10,