New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-01-03
! attention is re-

reading OF this
he General Assem-
to avoid the too ire
trials, arising out of
Of one race against
this. they attempt to
iirect enforcement OF ar
!r ''l,ill Of rights Much,
lay regret that the laws
we ought not to desire the
act the provisions OF which
latien Of other parts of the
Our State. and which, there-
BIT be enforced by the courts.
nv to good morals and good
do evil IN order that good MAY
is as follows:
fOrbidding TN lust discrimination on
Int of color or race, aud to provide
us for enforcing the same.
kCTION l. BE it enacted by the Senate
House of Representatives of the state
Louisiana in General Assembly convened.
hat it shall be unlawful tor any person or
persons keeping or attending any place OF
ypublic resort where license is required. or
4 any public conveyance, 10 make any dis
| tinctIon or refuse any accommodation, on
| account of color Or race. in this State. and
any person or persons who violate the pro
visions of this act shall be fined not exceed
ing fifty nor less than ten dollars. By any
justice Of the peace i'll the parish wherein
the Otlense shall have been committed.
| SEC. 2 BE it further enacted. etc. That
| il shall be the duty of the Police Commits
| sioner, or any of them OF the Metropolitan
| Police District. when any provisions OF this
| act shall have been violated within said dis
trict, ON affidavit filed and certified. to cause
any person charged with such offense to be
arrested and brought within fort -eght
hours after arrest before any Justice of the
Peace or Recorder in the parish, where
i'll the offense was committed, TO he tried;
and it shall be the duty Of said commission
er or commissioners to cause the establish
ment wherein the ostensc was committed 10
be closed until satisfactory assurance IL
given for the compliance with the law.
"SEC. 3. BE it further enacted. etc. That
this act shall take effect from and after its
passage
My objections to this bill are four fould
First-It violates Il provision OF orr consti-
tuition. artitls nnety-trur. which is Is FOL
lows:
"AET. 94.-No judicial powers. except as
committing magistrates in criminal cases.
shall be conferred on any officers other
than those mentioned in this title: except
such as NAV he necessary in towns and
cities, and the judicial powers Of such Off
nizance Of cases arising under the police
regulations OF towns and cities in the State.
In any case where such officers shall assume
jurisdiction over other matters than those
which may arise lndcr police regua-
items, or under their jurisdiction, ii, com
hitting magistrates. they shall he liable to
an action of damages in favor of the party
injured. or his heirs. aild verdict in favor
OF the party injured shall iy,so ,ncfo operate
Il vacation of the Office of said officer
The bill as copied above provides for the
exercise of judicial powers. beyond those Of
committing magistrates, hv any of the
police commissioners in the Metropolitan
district, by the Recorders Of Jhe parishes of
st. Bernard and Jefferson, in the same terri
tory, by the Recorders of New Orleans.
The affidavit mentioned in tue second sec
ton is to be flied with the Police Com
missioner as if he were magistrate.
He is, then. if he sees fit, to issue an order
of arrest. as a Judge ISSUES warrant: and
thereafter, and in the exercise of judicial
discretion. he is to close the establishment
until assurance satisfactory to his judicial
mind is given for compliance with the law.
!; is plain that judicial powers are thu,
conferred of an extraordinary character,
and of kind most liable to abuse
Again. by inadvertcnce, perhaps. but no
less in reality. the Parish Recorders OF St
Bernard and Jefferson are endowed with
judicial powers. to try the offender and con
denim him to pay the fine established by the
first section. This is manitestly unlawful |
These parish recorders are officers whose
duty it is to take charge Of certain records. +,
chiefly of real estate. and they can no more |
be made to hold court than can The col |
lectors of taxes.
But again the recorders OF New Grlean. |
are included i'll the grant OF judicial power |
made in the second section of the bill, and |
are to. pass .tnoNy upon the rights OF the
accused to the extent Of the fine imposed |
by section one. This is evidently Illegal. |
as will appear by reading article ninet v-tour |
OF the constitution. 1t is unlawful for the |
Legislature to confer any judicial powers, |
except us committing magistrates. upon any
but the judges and justices named in the |
constitution.
These are not my Oninion. merely. They |
are Il statement of oar Jurisprudence. In |
the case of LafUn va. Dutrocn decided by |
our Supreme Court in 1854 y Ann. p. 800. |
it appeared that the Legislature had at
tempted to confer Judicial! powers on the
unanimous in holding that it could not be |
done under an article similar to the one in |
the constitution of 1863, which vested judi
cial power in the Supreme Court. in district |
courts and in justices Of the peace. In the |
case of Maguire vs.. Hughes, - Ann. s.sl.
the case OF Lafon was limited and |
explained. but it was still held that |
the Leg islature could not confer judicial |
powers upon any officers except supreme, |
and inferior judges and justices Of the peace.
These decisions wore made in the absence of |
such an express article as nucty four of our |
present constitution. and on general prin- |
ciplcs.
Still more with the article ninet v-lour |
staring us in the face. we ought 10 pause !
before passing such II bill as the one here
with returned
may also observe that the article ninety
four imposes severe penalty on the officer.
other than judge or justice. who shall |
attempt to exercise any judicial powers be-
yOnd those of committing magistrates. |
In this regard the bill is pernicious,
for it imposes duty on police commissioners
city recorders and parish recorders. in siich |
II way, that if they discharge it they are
liable to lose their offices by the verdict of
a jury in favor Of any person concciving
himself agsrieved. We ought not to put |
these officers thus between two fires.
Second-The bill violate. the provisions
of article six CT the constitution. which |
declares that prosecutions shall be l,y in
dictment or information. and that the ac-
cused shall bc. in all cases. entitled to Il
trial by jury. 1t is evident that in the plan
OF action proposed by the bill. there is no
for on indictment or iniorma-
ton. Tho accused i- not to be
appraised with iega! accuracy OF the
nature and circumstances OF the OF
Tense with which he is charged. nor is it to
be SO described that record may be kept
which will prevent him from bcn. tried
vice for the same Nf1cnse. Nor is there any
pa,vision for jury. The Justice Of the
Feacs can not summon jury. There is no
Ia" l3r hat. The city recorders and parish
1 .s'e. il possible, still more power