New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-05-24
APLHA FOR TIE JURISDICTION.

II has added TO our pleasure, ana IS
esteemed by us great privilege, to agree
fully with Senator Carpenter in most Of
the good things he has impaired to our
citizens since his arrival. There are two
points, however. upon which We are de-
cidedly at variance with the distinguished
Senator. And we are rs decided in this
opposition as We were sincere and earnest
il cur approval Of the sentiments which
We could accept In reply to question
propounded TO him in tie interview at
Lieutenant Governor AHtoire's house, as
to the effec: and the authority OF the de
cis;on Of cur Supreme Cour: in the return
ing board controversy. he said that the
difference between the authority Of the
decisions Of the Supreme Court Of this
State in ordinary cases and in the case Of
the returning beard was tina: the court
had 70 jurisdiction. b: may not the
same ground be taken ~ interested par
ties in ererV Cnss:
Who conferred the right On Senator
Carpenter or On the Senate committee to
!ec,!e whether Or not the Supreme Courts
Of States or the judges Of the counts Of the
United States had properly entertained
jurisdiction in any cause: He says the
President did :igh: in enforcing DIrell;s
decree. OF course, we quite agree with
the Senator in this. But if it was binding
on the President, the chief Of the ezecu-
tive department. why was it not binding
on Senator Carpenter and the other mem
bers Of the Senate committee, an insig-
nificant fraction Of the legislative depart
ment: Tie theory has been generally
believed that the Judiciary was co-ordi-
nate department OF the government, and
tina! each department Was supreme within
its sphere. and independent Of any other
department. No doub: it was under that
hypothesis that Presiden: Grant and lis
legal advisers. the Attorney General and
the members Of the Cabinet, considered
i. the duty Of the chief executive to en-
force the decree of the court. But 1--WE
have changed all this Senator Carpen-
ter says there was no salary given to the
returning officers. and therefore the court
had no jurisdiction. How did the suit
GET III the District Court. !; there vas 10
amount in the controversy? Unless the
value Of the thing claimed exceeded 500
the District Cour. had no jurisdiction.
But tee record Of the sui: shows
tia. tL. Legislature had appropriated a
sum .muci larger than was necessary 70
give jurisdiction in the case TO the ST.
preme Court, 20 pay the said officers in
1870. after their services lad been zen
deretl: and the affidavit Of General Long
street. tia: he expected and believed that
:. ike compensation would be made; and
Colonel Field. the appellant, sworc that
he was interested in the event Of the suit,
in I'll amour: largely exceeding five hum
bred dollars.
Does Senator Carpenter know that
al article Of tie Code Of Practice Of
thi, State authorizes a third party
to take al appeal when he alleges and
shows an interest: OF course it is pre-
sumptuous to question the opinion Of a
Senator. who. :. cqthelrn, announces that
tie Supreme Court Of the United States
has misconstr.ed the fourteenth amend
ment. that the Supreme Court OF Louis
lana has misunderstood its jurisdiction, or
worse, has usurped jurisdiction, and who
decides that suit filed by eminent coun-
sci in the Circuit Court, and which, after
elaborate argument. was held 70 have been