New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-04-19
TAX RESI- TER -
THEIR LEADER GONE 10 JAIL
SESTDOWN FOR CONTEMPT
SUPERIOR COURT TBRONGEp
EDWARD BOOTH THE MARTYR

Az the FAX !esisrers, consisting of the
detendan. IN :he rule for contempt and his
counsel. together with those who would be
it he came Out AL right and wouldn't if he
didn't. some of those who would be if they
had any to resist. iot OF !dlers who came
to .'see if the old chap would stick 10 out" $"
assembled before Judge Hawkins yesterday
morning. The general opinion seemed
60 be shat Che matter could have
but one ending SO Ear as the court
was concerned Its orders having
been di-obcyed, it would be compelled
20 punish the offender Judge Dbble openo
ed the case With concise statement OF the
law and the facts. 1t looked as if Booth
would be martyredo Judge VOORHEES, read
the answer of the defendant, teciting the
rules taken, that the Supreme Court had
an application for mandamus under cOnsido
Grafton, ard made the usual disclaimer of
personal intention of contempt. Counsel
then addressed che court on the. general
subject of vested rights. The crowd were
much pleased. thinking he was talking
gratuitOusv for them; but he stated
he only appeared for the defendent,
which was disheartenlng. He argued
on the vested right Ot the sacredRess
of labor. The audience did not seem to
approve Of thlso until counsel denied the
right of the court to interfere with il.
which. seeming to be an affirmation OF the
New York doctrine, that every man has d
right to de as he .- pleases, brought down
the house, or rather caused such disorder
that the sheriff was compelled 20 caQ for
order.
Colone! Field, in closing, said that be
didn't understand this demonstration, nor
what was meant by it. If persons assem-
bled imagined shey %ould cause him 60
vary from the course he had chosen by
such demonstrations, they were mistaken.
Public ciafnor could not deter him when he
considered himself right, nor could its
violence lead him to believe himself wr,ng.
He had never sought or cared for this SUD
den mushroom popularity which was gained
without merit and lost without crime.
in few sentences he demolished the
vested rights theory. and showed that
'"labor." the work OF the hands, was never
interfered with. The decision of the
United States Supreme Court had settled
the labor question, as understood by eppes-
ing counsel. in she Slaughterhouse case
The right of the State 70 tax was undues-
tionable. The right Of she merchant to do
business was his when he complied with
the laws He could claim The protection
of them when he contributed his GHota 20
their support sEe regretted his duty in
exacting the penalty, but the laws must be
enforced.
The court said the State had power 70 en-.
force the collection OF taxes, The law had
prescribed this way among others. 4 man
stealthily pursuing his business without
paying HE license was in contempt OF law.
Injunc ions OF this kind always issue ex
partc. The moment it issued it became
decree OF court. The defendant has not
obeyed. This is the whole question. j.
makes no difference whether the defendant
had any intention Of contempt to the judge
or courto The State is the plaintiff, and de.
mands execution OF the laws, and they can
not be trife6 with under the notion tha.
they are not valid laws.
The authority Of the court must be vim.
dicated. ] would be glad if could infiict
a mere nominal penalty. In point Of fact,
It will be really nominal. Mr. Booth being
cOnfessedly in contempt of this court, is
sentenced to twenty-fous hours conaue.
ment and a fine of so.
The sentence of the court being come
pleted, there was silence. The crowd Of
persons present, who had previously So far
forgotten the proprieties of the occasion rs
To become disOrderly, were silent. Mr..
Booth sat making notes and probably spec
uiating on how he should occupy the suco
ceedlng twenty-four hours.
His counsel inquired if he was under
arrest, and was referred to the sheriff. Mr.
Booth wanted to know the hour and minute
of the commencement of his term Of ina
prisonment. that "he might know when he
was free" After the order of commitment
was made OUT the sheriff took Mr.. Booth
and departed with him. Whether it was
because they were glad of it. or whether it
seemed TO them pretty good joke any way.
Sln tnrl nlo tol ~ s1I1nl nj
decorum and disturbed the court building
with cheara