New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-12-06
Communicated
detteT from Judge DibbIc to the Times,
New ORLEANS, December ;, 1872
Editor New Orleans Times:


New ORLEANS, December ), lS!:
Editor New Orleans Times:
Your correspondent, who assumes II
! criticise my letter to Judge E!more. is mis-
| taken N every particular where he attempts
| to show that l have done anything which
| could be construed in to an abandonment ot
my claim. I did not apply to the Scpreme
| Court for writ Of prohibition; | did not
consent that anyone should make such an
| application for me, and no such application
| was made IN my name or in nv behalf On
| the contrary, | advised that such an appli.
| cation ought not to be made knowing that
| the Supreme Court is without jurisdiction
! to issue the writ except in immediate aid
OF its appellate jurisdiction. ! made no
agreement with. Judge Elmore TO submit
| any such question l stated to him that if
the superior courts would sustain lis ac-
ton | would acquiesce, but unr1 then |
should claim to be the Judge
have not appeared as counsel CT a.E0r-
ney il the Eighth District Court or in any
other court. either to move for coutinu-
ance or tor any other proceeding. An ap-
pIIcatlOn tor writ OF mandanUs amaiDSt
me as president OF the school board was
pending IN the Eighth District Court. /
refused to appear personally to make any
motion IL the case, even in INV own be.
half.
have never stated that I recognized the
right OF Mr. ElmOre to occupy the bench of
the Eighth District Court. I have never
written a letter to Governor TarTnatll or
to any one else containing any such state,
ment On the contrary, | said TO Governor
WaTmOth and others that ! contemplated
rendering my resignation. | wrote letter
to that effect, but | afterward reconBidered
my determination, and did not send it. NV
intention to resign implied that / claimed
to be Judge.
stated to Judge ElmOre, in the presence
OF one OF the editors of the Times. that |
still believed myself to be the Judge of the
Eighth District Court, but that | would not
seize the office by violence; that | would
give him due notice of any action might
propose to take.
l regret exceedingly the position / have
felt myself bound TO assume but I have
done what believed to be my duty. I hold
public Office under the constitution and |
laws of the State. [ am required bv article
l22 of the constitution to remain in the dis
charge Of my functions until my successor
is inGucted into office. No man can be ie-
gaIly inducted into office until il has been
legally ascertained that he has been elected.
In contemplation Of law | believe Nr. FL |
more has not been elected. and the |
commission held by hin. IL as abso- |
lutelE void. as if it had been issued |
to a female 70 minor, or by an ex-Goy- |
ernor. Were I to consent to his taking the |
office, would be giving countenauce TO a |
palpable violation Of the constitution and |
laws Of the State
= person wdo seizes a judicial Office by
violence, ami who holds no other commits
sion than one which imports absolute null
Ity upon its face, when considered il CON /
lection with the laws Of the State. and /
nose pubic acts Of which courts take judi
bal cognizance. does not hold Office under
'o!or Of title and is not dc fact0 officer. l
believe that every judgment rendered and
)rder made by the learned, gentleman vino
assumes to preside in the Eighth District
Court is null and void. Ibelieye that the
'ourts viii SO decide when the issue : made
md presented.
Gerry respectfully,
HENRY G. OIBBLE.