New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-18
THE COURTS.
Third District Contamination of the


the Third. District Court, entered that TT
bunal and occupied a seat within the ba
IN conversation with his counsel Mr.. Filleu
and other friends
AT eleven o'clock precisely Judge Monro
assembled the bench.
Alter the minutes of Monday were read
Judge Monroe asked the members of tn
bar present if they had any motions t
make.
Mr.. FilleuI presfn ed the commission o
Mr.. Meunier, and moved that the latter b
allowed to take his seat as judge of tn
court
Mr.. FilleuI, counsel for Mr.. Meunier, thel
handed to Judge Monroe the commission
from Governor Pinchback, and oath O
office OF Mr.. Meunier.
The Judge remarked that in his own be
half, III behalf eff his constituents, and il
| behalf Of the judiciary of the State, he
would state the following reasons why he
| Gid not recognize the papers exhibited as
sufficient to dispossess hun of office, viz:
That he is not aware and does not believe
that the applicant was duly elected
| That he IS not aware and does not believe
| that the applicant was returned by any au
thority or returning board known to any
existing law OF Louisiana.
| That the returns under which applicants
claims were made, he suppose5 were made
| by L0ngstreet Bovee and Lynch, claiming
to be the returning board.
That he believes such returns to be u1-
| true and illegal.
That he believes said pretended officers
have represented him (Nlonroe) 10 have re-
| ceiTed 1000 votes less than he actually and
| lawfully did receive.
That he does not believe and is not aware
! that applicant was commissioned by any
competent authority.
That his (Monroe's) oath Of Office, and his
| being in possession and having been in
! possession, make it his duty to maintain
! the bench in behalf of the people of Louis
lana who elected him. and this is as much a
| duty as were his judicial duties.
That it is incompetent for any one claim
/ ing under commission Of Pinchback TO
| dlspOssess him (Monr0P) by any other
means than by due process of law.
| That he does not recognize any authority
III the papers shown by applicant to cause
| him (Monroe) to relinQuish the office to
which the people had elected him.
Mr.. Filleul-I am convinced it is the
| duty Of your honor to obey that commits
sion. l call upon your honor to say if you
| have decided to resist. Although | have
always had the highest respect for your
| honor, it will become my duty to call on
! the sheriff to induCt your successor into
office.
Mr.. Le0vy, as 0n'icUS C'u'jT, said-I would
| like to know whether the sheriff was pre-
pared TO dispossess Judge Monroe by force.
IN order that there might be no undigniied
personal conflict.
Mr.. Filleul, addressing Judge Monroe,
sald-The moment the commission is pre-
scented, that is the END of your functions 1t
does not impair any rights your honor may
have.
Judge Monroe-1 have a commission is
sued by Governor Warmoth, addressed to
the present incumbent of this bench. sub
nit that in answer to the application OF Mr..
Meunier. 1t is issued by a competent au-
thority. This method of obtaining posses
sion is not known to the statutes I have
stated my reasons for declining the applica-
ton.
Mr.. FiIleul-The commission of your
honor has no force and no effect Under
the circumstances feel it my duty to call
on the sheriff.
Judge Monroc--I command the sheriff in
the name Of the State of Louisiana not to
obey. If he acts otherwise he will incur a
great responsibility. [ notify him that in
doing SO he is assisting those who are sub
"erung the government aud CgerthT0winy
the temple OF liberty.
Mr.. Meunier-3Lr. Sheriff. as Judge Il this
court, ask you 20 put me in possession OF
NY seat.
Mr.. Washington. IS o.e:c,.s cur;q,. then
procedure would be :Og Mr.. MeUnieg TO Goa
test the office.
8.ALr. Filleul-Tnc commission Of Mr. Men.
n!er has been presented.
DIR. Dick, chief deputy sheriff. then said
il was his duty 10 obey the orders o. Mr.
Negnier and to ;adCct him into Office
Judge VI nroc i wish it distinctly un.
ders;o ID chat ! do no. vacat" this office at
the instance o. the sheriff, but compelled by
force.
The sheriff then 9ppro: he'd the Judge
and told him he had sufficient persons At
his command to remove Liza by tcyce from
I'll" beach
Judge Monroe :'len said ;nat before va.
eating ills scat. DE would read the following
protest.
By or>,o: .: cont the following statement
and protest As entered upon the minutes :,
this court:
Be it remembered. THAI f. a. Monroe
claims to have been duly elected the Judge
of this court by the qualified votcls Of the
parish OF Orleans, at the election held in
said parish upon the fourth day of Novem-
Der. 1872; that as said Judge he has taken
the oaths prescribed by Law: that under and
by virtue OF said election and of his com.
mission. bearing date the twentieth OF No
ven5er. 1872, signed by Henry Clay War.
moth. as Governor OF the State OF Louis
:ana. the said +. A. Monroe has been in pos.
session Of the said Office of Judge of the
Third District Court Cor the parish OF DY-
leans since the twenty first day Of N0yein-
Der. 1872, and has fulfilled the duties thereof
according to law. and THAI he is nov III pos
session OF an" fulfilling !le duties o: sad
Office.
That upon this day T. Meun:er, ESQ IRE
sented TO the court his claim to the posses.
sion OF the said Office of judge of this court.
aud demanded that the same he deliver ed