New Orleans Republican., 1871-04-06

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ss., c. - Y<niuisna az -rel. Soloman &
eesSssssi, ~ james Graham, State Au-
S3s2< -7his y an application for the writ
49, warrant upon the STATE iteasefy
a. - sum Of v5O,S5l g Inc clalm stasss -
81 q an oct ct the AeEsistufo, NO. Sx,
bone1ng date March I, l0A, ers:eIca t: ~ ~
aot for tho relief O james y. Nixon, into
pgh1la printer. Inc Oil sPPfCpI1soSs s.4"o !no
afsReoatA aneunt, ana 0lEe0's MI Ing Aua.Uor u
- NaF1one 1or To same' Inc reiaoors
allaee thae ny arc . sne .sI 1ss,e1es. Ices. ~" 5s
- 81 asA..
00o4 tno WaxI1ut, OUT sngS Cne AuulcOI
ro(4oee - issue the same; wncreiore tnese
pleeee9inf..
HheAud1eef N nv tetufn urges two rca-
soos n Justification Of his refusal 10 issue
IL NArfont: First, Thet the law aforesaid
vto1n1eo the thhd annenomens 10 tne consul
tuf11a q tAeetate, IN this, that 1t increases
- deet Of the state, which y aireaay IN
exo6qD 0f the uuit Of twenty-five mnhons'
impooed BY the said amendment. Second:
TIT tho LeGislaturc has NO constitutional
aethority to mako GIT; that the sct nncer
Whieh yelAtors claim simply donates the
afocooaid amount Of money for private pur-
peeee It was also set mp that the forms
pe1Mfbe1 BY The constitution were NOT oo-
eekyod h the paseage OF the Dill, eut tnis
4l14ee was not Insisted upon.
M formal replication to the return OF tine
~ 1eat, but it Is considered as ira
veeDed- !, sn
1he rslaters insisted in argument that the
S@ss esiied mon to perform more min
is1eriI duty. md he cannot justify his
pe0Ii1l ~ setting up the unconstitutiOMality
q taS 1t imposing that duty upon him.
H1Roa e would have been better to have
- mnesh the return. but in granting this
mrnroenfiyo writ the courts ere not disposed
fo ina{sf upon technicalities.
M obieotion s. serious. When the laws
imnooa SnociAc duties upon public off,
ee1r.9 n - performances of which they
- nct 70 exercise discretion, the courts
- 5inpoaed 70 look with disfavor upon an
ezsSe1 r. pen.porformance based upon the
enlnlcn e such an olRoer, that in his view
- nGvnsiahIe rule has been established that
~ = retnrn i insufficient in all cases;
eep1cioIly il seems that the Auditor Of Pub
Rc Aoccunts oam ufge, in case like this,
tAat - csas>it 6e3on kas been violated. He
= ~ haok -keGner Of tho State; he il more,
hxS n - manager. In his Office are
l1 ~ sooon1te 81 Il debts and credits.
r. ns11rS sf - ofAce, which il Of 90 great
irSG11S1Io 800 it was established by the
~, issss.ec 'npon him the dntv o1
rrn1S21inr ~ Gfate from fraud. It is true
K r. ehlieed to audit all claims against
~ =1f1a nof re0uired to be audited by
,s1er1i ifRer ofRcer. Int. of course. le9aI
~ - innlied.
Hnf a ~ difRcultv Il presented in. this
ehis6Si1a. e = obyiated by the fact that the
Nfsfe "a Louisiana. n her sovereign ca
~e1lfv' fArnnch the Attorney General. has
ssned and ioina Nth the resDondent in
ns17iIS' ~ Observation-Disclosures Of the aci
s1si;sssii. TO this intervention the relsS1eu
AsyS aIse exceuted. n this instance. fotua1 7
~ IS vritfnF. Tho exception was ov1s
erleS Whe13er an Intervention can b
mn q s.eh 4 case vim here be preeentei
IIrSotlv % thc Supreme Court. The relator,
ssrSS fksk "a 6tate oueht not TO be per
1{f1ei to intcrycne. becsuse the writ issuel
r. ~ iame of the State: but this ia . tech
nieol fnrmalitv. Indeed. all processes issu4
n fRe nane Of the State, and vet she is mo-
rgoVented from asserting her rights in thu
epurfe. But it is insisted that the. State il
eo1upped from urging the uncOnstltutlOn
alityd its own act; OF . law binding upor
al - tho OfiCers of the government.
ThlD argument proceeds upon the assuqp
tiOn that the sovereignty of the state II
veeeod p the Leglslature. Such - nos TN
fae& Tho State, as . juridicai being, exist
sepazate nom the departments OF the gov
ernnent. The State u not bound Dy elthel
department when acting outside OF the con
stitutional sphere assigned to It, 1t ls thu
duty q each department to resist the In
constltnfio1al ccts OF the others. .s II IN,
executavc should presume TO pass 1udgmen,
npon . citizen, and to execute 1t, ne wouit
he brought before the high court esta6
Hshed BY the constitution for his trial. L
the Lcgis!ature enacts law without con
stituta0nal authority u Is the duty ana TN
: |cerogAtave OF the courts 90 70 declare
Whe0 . case - presented 10; them. II
court preeumoe 20 act oeyond It's Ju9lcla
ophete tho judge may be lmpeached ant
condemned Or ignOminlousiy dismissed
NJ - 0mCe Wnn0ut Impeachment:
ma cese Ike this the Attorney Genera
appean specially - the agent OF the execu
tive branch Of the government, TO see tha
ne laws are executed: hut the constlbnuoi