New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-01-11
TOO MUCH JURISDICTION CoHCEDED

IUu MUCd SOh1cD1E1IoN OSHthDhS"
We publish on the second page of this
mornings REPUBLICAN the bill in chan
Gerry and restraining order. fled iS the
United States Circuit Court, by Hessrs.
Lea, Finney & Miller, Law firm in this
city, in the case of D. B. Penn We. G. c.
Antoine. AS we publish the bill in full
we omit an analysis of its contents. Judge
Durell has taken the motion foy leage TO
file under ADJUSTMENT.
Ii will be seen that this IS Il iirec; action
for the Office of Lieutenant Governor Of
the State, similar to that brought by An.
tome against Penn some weeks ago, which
is yet pending, and the decision of which
would make the present action unneoes-
sary. Yet il is assumed to be correct that
Mr.. Penn could, under the law, file p
Governor Antoine hal been sworn in and
entered upon the duties Of his Offices
Mr.. Kellogg's bill asked merely to pre-
serve evidence preparatory To- bringing
o direct action. In bringing his direct
action, Mr.. Penn asks the Judge TO
restrain the acts of officers of the
State who are acknowledged By the
government of the United States. This
is going step or more beyond Mi. KEEL
Iogg, who only asked to injoin the acts of
men whose authority was open to quee-
ton, and who were found by the court
not to be officers of the State at all. The
courts of the United States always follow,
al political questions, the decision of
the executive of the United States. TO
ask federal judge to restrain the officers
acknowledged by the President is to ask
HIM to assume a power which has no
foundation. in either tho constitution or
laws of the United Statea Such an as
sumption of power would indeed be reYo-
lutionary, and it is matter Of surprise
that such q request should come from
parties who have seen loud In their com.
plants that Judge Dureu entertained
jurisdiction of q suit brought for the
of evidence. which the KEEL
logg bill is.
Messrs. Lea, Finaey and Miller. nov
ever in behalf of Mr. Penn. not only ask
o United States judge lfor al order for the
preservation of evidence, but they also
ask that the court shall also enjoiu all the
recognized officers of sovereign State,
executive. legislative and judicial. from
performing the duties OF their several
offices until the final decision Of tbs case
which they ask leave to bring case 20
test whether 4 or Is has the bette. claim. 70 |
an Office.
Doubtless Judge DureN will take .sogpi- |
zance o! the bill when fled. and. if SO De.
sired. Try the question as "a the right OF !!
Penn or Antoine to the Office Of Lieutenant. |
Governor. and that he will issue :hc pro
peg orders 30 preserve evidence. AZ was {!
done in the Kellogg case. Bu: ie IS
hardly yet prepared to go so far rs Dir. |
Penn has asked him to go. Were he to
grant the motion of MeSsrs Lea, FiGney |
Il Miller. he would simply do what all the
Democratic papers Of the country. what
the committee of forty-two. or one hun
dred. or two hundred-in short. Judge
has accused him Of doing he
would overthrow State government.
And il comes with s. had grace
from party that has denied the
jurisdiction of court IN contest
involving question of vino were the leg4!
officers, to now ask tina. hc go
20 much further han that rs 10 upse.
,egulally recognized State government,
merely because two aspirants for little
hree thousand dollar office can not agree
which of them is elected. From denying
O thecourt any jurisdiction at all in cases
gising under the fifteenth smeudment