New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-09-28
SCommunicated.2
lelonflfcr or RntIlorisYn

| ERROR Republican,
Ghe strange conflict Of authority now go.
! ing on between Fhe executive and judicial
STATE is Of such grave character as Go
| merit the most careful examination and con-
sideration by all classes of the community,
who take any interest in public affairs, Or
pride in abe &meEica9 constitutional gov
ernmentso
gheextraopdinarg spectacle of the nigh
est financial officer Of the State being cast
into prison among fe1ons and thieves, for
refusing tobe dictated 60 in the discharge
of Che duties of his office. by an equal and
coordinate branch OF the government may
well give rise tosdoubts as 60 $he success of
the present form of government and make
us lose faith in those ancient and honoge6
&heories of ''checks and balances OF Che
equal distribution of the powers Of govo
eminent among the several departments.
each Of which is supreme and independent
in its sphere
If the Judiciary can dictate 20 the execUo
tive department how TO perform its func.
tons, why not the Legislature If the
door is once opened, who can tell what
abuse, may enter. Besides. the judiciary
may find that the sword which they are
forging is two edged. VIII not the execu-
tive with equal right dictate the judgment
to be rendered! And if this unfortunate
conflict should arise there is an end at once
of all hope for justice, Of security of prop
erty, liberty, or life. This dark picture
surely will not be confirmed
Our intentionis solely to bring home to
the public, and the actors, the direction in
which they are drifting in the case of the
State Auditor. We do not propose in this
article to inquire into the justice of the
claim-whether it be an honest one or not:
whether the Auditor is morally right" OF.
illegally wrong" in his course of action, but
to lay the legal and constitutional position
before the people.
The chief financial officer of the State is
elected by the people to transact the fnan-
cial affairs. Of the State and is responsible
to the Legislature and to the people alone
for the proper discharge of his duties. An
injured party always has his remedy
III INC L6giStatuLc' AhC EA"NAAIOA S1"h w 1AAA
peaehed.
To hold that such an officer is at the
mercy Of petty courts Of the State-courts
presided over, in too many instances, by
Judges having little knowledge Of the law,
and less of finance-is monstrous and con
trary to all accepted theories Of republican
governments.
Can the courts say to the Governor: zap
point such and such an officer, sign this and
veto that act 2" To. the Treasurer: 'Pay this
claim and refuse that!" This, in effect.
would be to make all these. officers mere .
ciphers, and the Judiciary the supreme and
ruling power of the State Yet this is the
real position in the assessors case.
The distinction attempted to be made by
some Of the courts between ministerial and
discretionary or political duties, is SO IN
certain and so dangerous, because it places
the courts above the other branches Of the
government, that it can not be maintained
with any hope Of success.
Locking at this and other cases from this
standpoint, with the light of the Oliver de-
cision of our own Supreme Court before US,
we can not but conclude that the courts
can not coerce. any of tie executive officers
to perform any class of acts, whether min
isterial or not, and that the Auditor is doing
no more than standing in defense of the
legal ana constitutional rights and dignity !
of his office, and that his imprisonment is