New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1872-11-22
TEE IMPENDING CONFLICT.

e acts OF Governor " afmOtQs cOnnlSblcnlL
q several Of the candidates for office al Il
late election. The chief point q intere
: 20 be determined will be whetheE or IL
& his excellency has committed . contempt
court in the premises. It is no part ,
the duty Of aiournaiist 20 render judicig
3 DEGREES or forecast the probable action {
a judge in any case. and especially befoy
the trial Of cause which may 20;
I sibly develop unexpected features. "
. may safely leave che question 90 Judg
Durell. with the utmost confidence tina
Q law will be fairly and promptly applied
Above all, we can see no necessity 70
any undue or unusual excitement IN th
matter, as there is no prospect Of any If
! reparable wrong being committed. Their
was feeble attempt to stir up some feel
ing yesterday. when the evening papers
came out with flaming news in large head
lines but it proved nearly abortiye. The
! elements refused TO be dashed into fury
and the blood Of citizens long accustomed
! 20 sensational proceedings coursed through
! their veins with wonted moderation. The
installation in office Of half score Of as
piranss, even through done a little out Of
the usual form. was not regarded by the
public at large as o thing % get wild
about
There were, Of course. swo widely IRE.
concilable theories upon the subject,
neither O. which may be near the right
one, but which may he briefly stated thus
! On the one hand il was contended that the
injunction OF the Circuit Court was d.
rected 20 FL. G. Warmoth as chairman Of
the board OF returning officers. and not
70 Governor Warmoth as The CHIEF gnagis.
trate OF the State. THAT his act OF ap.
proving the election law. and thereby
aboiisbyng both boards. was so far a com.
piiance with the order Of the court that il
put it forever out of the power Of Nessrs.
Wharton. Hatch and DaPonce as members
and himself as chairman 20 disobey the
injunction. as the new law deprived them
Of their functions as canvasselB, and
provided for the election Of new
board. That Lis authority for issuing the
commissions was based upon the knowl.
edge cha? came into his possession. as
Governor, shat those persons commits
stoned had received q majority OF votes
and were elected. To say that this view
presents an undoubted case Of revolution
is ceally no answer. as che point 20 be
lodged az present is the imPufation Of
contempt of She United States Circuit
Court. / violation Of State Law, or o
departure from the forms prescribed BY
it, does not necessarily constitute con-
tempt Of federal court.
On the other hand it is maintained thar
any movement FOX the purpose Of decIar-
ing the sesuit Of the late election, whether
il affec: the plaintiff in the equity suit o.
nor. pending the litigation. and before the
revocation Of the restraining orders Of the
Circuit Court. is in direct contempt Of tie I
judicial authority Of the United States. |
That the approval Of the new election law
By the Governor. while it might have the (
effect Of changing the judgment after trial
'pon the merits. could not and did not in
my manner dissolve the Injunction
ssued on Saturday. And Us tie first ques.
ion 20 lie determined upon the opening
i che court will be whether any Of the
parties defendant have violated the orders
ssued. all matters relating TO the merits.
nd even 20 the jurisdiction Of the court,
viii have 20 be postponed until that i'm.
'ortant point is determined. For whether
he Circuit Court has OF has not iurisdic.
ictioD 70 try the case, it has already
zen announced rs the judgment Of that
ribunaf that it is competent 70 stay all
roce@dings in the matter Of counting the
oses until the rights Of the various con.
ending parties can be examined, includ-
1g the wight 70 be heard in that court.
Such are the conflicting views which
i'll probably De urged upon the attention I
the court this morning. The learned |
tdge will be compelled TO rely mainly {
pom his Own sense Of justice and knowl- 5
ige % the law. rs there IS noe. 70 our '
1owledge, any precedent for this anom- {
GUS litigation. we nave no doubt, hove l
-er. that Judge DureIl will be found fully I
iuaI 20 che occasion. He rarely hesi. 8
teso and seldom crrs though in his his. 9
ry as United States judge he has ire.
Iently been called upon 90 open new
''ufes and apply we'll known principles
novel cases. u