New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-09-25
Auditor Graham in Court.

| tO46 py Judge cooley last Saturday to ap-
| pear yesterday in the Eighth District Court,
| entered the courtroom at the appointed
hour accompanied by his attorney, Joseph
z. Bornor, Esq. Some twenty members OF
the bar were present, brought hither by
curiosity to learn what new phase the case
would assume. Judge Dibble had resumed
his seat upon the bench, after an absence
Of some weeks in the North
| Mr. Hornor addressed the court in behalf
of his client, briefly reviewing the progress
| Of the case from the time the judgment had
| been first rendered by this honorable court,
and the suspensive appeal taken to the Su-
| preme Court, and Mr.. Grahams various
| answers were read for the information of
the courto These facts are fresh in the
minds of our readers and need no recap
itulation at our hands, In committing Mr.
Graham to prison, Judge Cooley declared
that the Auditor was morally right but
legally wrong in his persistent refusal TO
issue the warrants as per judgment of the
COURT After being incarcerated for some
days, the executive was appealed to- the
executive pardon was issued to Mr.. Graham
and he was released. The court has done
it's whole duty-has punished Mr., Graham
for his contempt, and can have no further
hold upon him.
Judge Dibble asked Mr.. Hornor why he
| had not had recourse to the Supreme Court.
Mr.. Hornor said he had done sos he had
applied to Associate Justice Howell tor a
writ OF prohibition and for writ
Of habeas corpuso but he had been
refused. Judge Howell had told him the
place to obtain writ of habeas corpus was
in one of the district courts This advice,
however, Mr. Hornor declined to follow,
his idea of the proprieties, as lawyer, for
bidding him attempting to bring about
conflict of authority between two courts of
concurrent jurisdiction. There is no use of
this court locking Mr.. Graham up again, he
argued, because it will not force him to issue
the warrants, When Mr.. Graham swears he
will not issue these papers, we know he
will keep his wordo
Mr. Howard went into the legal merits of
the issue of the warrants. OF their lawful
ness there could be no question. The act
was perfectly in harmony with the act of
the legislature The Auditor had no exer-
else Of jurisdiction under the law. The act
No. 2r OF the last Legislature was passed
JUST on accouct of the extraordinary CON
duct Of the Auditor. and his strange prone
ness for Iitigationo AS citizen of the
Stateo Mr.. Howard deeply regretted that
the Auditor should be continually placing
himself at variance with the courts and
with the rights OF the peoples He is willing
TO lie in Jail ratheE than pay the account
because be believes the claim to be fraudu-
lento Perhaps, if he chooses to pursue this
line of conduct. iS may be better TO have
him removed from office, and have man
appointed in his stead who VIII perform
the duties Of the office IL e proper way.
Mro Howard then quoted several cases
where Mr.. Graham. he alleged, had not dis.
as he had in this caseo
Mr. Fileui followed Mr.. Howard. He did
not propose 60 argue the case. as this |
had been done alreadyo There are but two
ways Of getting rid of judgment Neither
of these had in this case been resorted to by
Mrs Grabam4 His conduct therefore, in
disregarding tie order of this honorable
court is culpable for its extreme frivolity-
it is simply criminal 1t is discourtRous for
an officer to come before % court and talk
about his conscience and his honesty, when
the voice of the people has named Simeon
Beiden as his attorney and he has dismissed
the appeal llndeg which Mr. Graham is
fighting. The people have solemnly told
eL,s, 1r g,
them. and he has done it-and the .judg-
ment Of this court is the result We have
applied to the Auditor for the purpose of
having this order Of court complied with,
and he has the te1nerity to come into court |
and talk of his morality in the face Of the |
lave the court and the Judge The learned
counselor yead the executive pardon;
claimed that the issuance of the same was
prima facie evidence Of the commission of
the crime on the part Of tie Auditor He |
closed by calling Upon the court TO find |
some way OF curbing this rebellion on the
part OF the Auditor. to vindicate the dignity
Of the court and protect the interests of sos
ciety.
Mr.. iioInor called the attention of the
court 70 the iact that there was no appro-
priation TO warrant upon for this claim it
had already been exhausted He assrued
The court, in addition. that should the court
see fit to remand Mr.. Graham to the Parish
Prison again. he woul3 take no further
steps voluntarily to secure his release.
Judge Dibble stated that ne would sub
nj: his decision today at eleven O'Clock,
and 3he court adjournedo