The Donaldsonville chief. [volume] (Donaldsonville, La.) 1871-current, 1871-10-21
Bad For the Horn Books.

| Concerning the decision recently
rendered In the BoFee-HerTon case
the New Orleans ReBubIicaa saws:
Judge Emerson, who refused te
acknowledge that the American peo.
pie have constructed a government
which is SO seriously defective that
there is no way to arrest an official
Offenderin the commission of offences
is now being scahdalized by the
Democratic press in the most ex-
tended of constitutional arguments,
His motives are questioned, his prin-
ciples suspected, Ills party fidelity
derided, his judgment impeached, his
reading ridiculed, his constitutional
lore impugned. And what for? Be-
cause he decided that the first officer
Of the State, and the one chosen to see
to the preservation of the laws, sus-
pended from Office an individual who
was breaking the law. This is sim
pie statement of the case. Mr.. Bovee,
Secretary of State, perpetrated 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
a law which was not. He uttered a
document as a legal enactment which
{ ad never passed the Legislature,
'hich was without the necessary
4DFms, which had been defaced and
Ehich he knew to be defective in all
fhese particulars. And he consum-
mated this offense, not in the interest
Of society, but in the interest of a cor
poration, and in the face of public
interest. Judge Emerson decides that
there must power somewhere in the
state, appointed bE the people, en-
dowed with authority to arrest such
improper actions, NOT by any penalty
lnfileted on the agent of the Offense,
but by the suspension of the author of
the wrong from his official capacity
70 commit other and still erosser ir-
tegularities. Judge Emerson must be
fight, or else the State is at the mercy
sf an unfaithful officer. The iudc-
thent must be correct, or society has
constructed the machinery of its
government with view to the pro-
section of its own recreant agents
father than to the preservation of its
swn interests.
The suspension of Mr.. Boyee will
aot injure him in his official relations
t he shall make ii appear that he
committed no wrong. although that is
IN almost impossible event, if the
statement made by him before Judge |
emerson is TO be taken as a guide to |
he facts of the case! He was merely |
! salaried officer, and he will recover |
MS salaries and perquisites if the
legislature restores him to his stu
tion. His personal relation to the
ffice was merely that of hired man,
erving under under contract for
our years. The State employed him
o perform certain functions, for a
1ven term. at a specified salary. His
interest is the salary-the interest of
he State, the fulfiliment of the SER
ice. If the work is done and Mr..
'Ovee is paid, neither party can
and, least of all, Mr.. Boyee.
Ill this fury about the inherent right
I a man to an Office is the merest
ubstitution of aristocratic suggestions
lieu of the plain Republican 'aw of
citing and hiring.
What would business say man if
e was told that ah unfaithful clerk
AS entrenched at. one of his desks
eyond the power of removal because
I defect in the articles of partner
hip? What do the people say to
MS new Democratic suggestion, that
hen they have elected subordinate
fficeE they have erected force that
above control for three hundred
nd five days in the year, except at
he expense of an extra session of the
legislature. Judge Emerson has
lad law practically, and if the /" horn
ooks " that the Times refers to, gain
" the reason that pervades the judg-
ent OF the Eighth District Court,
len-so much the worse for the horn
Doks. blackstone says the law is
'unded in reason and common sense.
ldge Emerson needs no other text
support him in. doing a reasonable ,
nd common sense 4h;nr