New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-07-10
The Spencer Habeas Corpus Cnse-Judge
Cull0m Decides the Metropolitan Va
grant Law Still in Force.

The Spencer Habeas Corpus Case-Judge
Cullom Decides the Metropolitan Va
grant Law Still i'm Force.
Our report yesterday of the decision of
Judge Cullom in the habeas corpus case Of
Charles Spencer was not as full as the i'm
portance of the case and the issue involved
entitled it to be.
Spencer had been arrested as a vagrant
and sentenced with dispatch and without a
legal hearing. He is ignorant, and, doubt
less, a vagrant. Judge Cullom held that
the Legislature 1.-THE only law-making
power) having seen proper to enact law
defining and providing the modus operandi
of trying and Furnishing vagrancy. the City
Council had no authority to legislate on the
subject so as to change the form of trial
prescribed by the Legislature; that the Leg
islature can not delegate its powers to make
laws which, in their operation, deprive a
person of his liberty or his property land
money is property without due process OF
law; that 'due process of law" or claw of
the land" are constitutionally SYNONYMOUS
terms, which mean the general law, which
uCSAb OOAOAO ~ COAOCAAAs. "hACA pAoNSOAS
upon inquiry and renders judgment only
after trial. The statute Of the State, sec
ton 1884, declares that:
1t shall be the duty OF any sheriff. con-
stable, policeman or other peace officer,
whenever required by any person, to carry
such vagrant before the Board OF Metropol.
itan Police, or any commissioner OF the SAID
Board of Metropolitan Police, at such place
L. H. 81 IN no
ined whether or not there ic sufficient
ground for his arrest. II the arrest Is i'm
proper and not justified, the prisoner shall
be released and set at liberty Immediately.
If it appear that the arrest was made on
sufficient grounds, it is made the duty Of
the board, or of the commissioner detailed
by it, to designate a recorder, before whom
the party should be forthwith sent for
examination. If, after trial, the justice OF
the peace or recorder be satisfied, by the
confession of the party OF By competent
testimony. that such person is vagrant
within the description aforesaid, he shall
make up and sign record Of conviction
which shall be filed in the Office Of the
Board OF Metropolitan Police, and war
rant shall issue. from such justice OF the
peace or recorder, ordering such vagrant
to the Workhouse, now the police prison,
for a fixed time. No time was fixed
in this case Judge Cullom held
that no vagrant could be legally
deprived of his liberty without a
compliance with these formalities. That
the State having seen proper to legislate
for the city on the subject Of vagrancy, the
city can not disregard that legislation and
substitute its own ordinance in lieu thereof;
that the State having determined a due
process OF law, general in its character as to
the mode of trial, the citizen can not be
legally deprived of his liberty except after
trial, in which he has a chance Of being
heard. In this case there was not COM
pliance with the laws on the subject. The
court did not hold 'that no police magistrate
could commit to prison any offenders except
those charged under State laws, and then
only for further appearance His honor
considered only the case before him, where
the Stat< I'D actually legislated in full,
and where the sentence Of the recorder
fixed no period of imprisonment.