The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1873-08-09
MONROE, LOUISIANA, SATURDAY, AUGUST g. 1873
and an opportunity OF making de-

1t is the first time i'll the jurispru-
dence of this State that II title to an
Office has been successfully attacked
collaterally, and it is the first time that
Il commissioned, qualified and bonded
officer of this State has been held to be
without title and a usurper, in n pro-
ceetling to which he was not a party.
But it is urged that the court is COM
pelled to Disregard the we'll settled
jurisprudence Of this State, to which /
have alluded, because of the passage OF
Act No. II, approved 5th March, 1878.
The title of this act is: can act de-
claring it II crime to usurp II public
Office, and providing the punishment
for such offence; providing that if any
public officer shall adhere to or rccog-
nizc any usurpcr, his Office shall bo
forfeited and considered abandoned,
ceedings to have such abandonment
and forfeiture declared; authorizing
tho Governor to declare such abandon
mcnt and forfeiture in certain cases,
and to remove such officers and to I'LL
the vacancies so made by appoint
mcnt.' section provides ssThat If
any person shall assume or pretend to
be an officer of the State, executive,
judicial, or Legislative, without author
ity Of an election declared by the re-
turning board constituted by law, or
~ithotH authority Of q commission from
tie GOrs,NOT Of the State, in Cnsc tho
laws require such officer to be COM
missioncd, such person so illegally as
s"'ni"g orpycteadi,ag to be o 2ublic officer,
ShnN bf Hsen'ed u nsnn2'tv. If any such
"s,u2,cy ShtW attempt to exercise the
functions Of It 2,stdlic t.bVcer, ana stat IN
te25c1'' wHh o',y public officer IN the dis
chc,yc of his duties, S'fch us,03,.,' so IN
telJcriny Sh0Ii be 0een,ca g,,iWy Of q
crime, o,'d 'pon conrictiOn may be H,,ed
ana imprisoned at the discretion pf the
cOUyf, or 6OtH.'
find nothing in this section (utld it
is tho only one bearing Oh tho casey
that in any manner alters our rules OF
practice, and compcls this Court to
disregard that principle OF universal
jurisprudence which is, that no ono
should be condemned unhcard, that no
one should be deprived of legal right
in Il proceeding to which he was not n
party. Morrison and Pickcns arc not
before tho court, and in tho statute be-
fore us there is no warrant whatever
authorizing this Court to decide thcy
are usurpers, and all their official acts
are absolute nullitics. This Court has
only Il limited appellate jurisdiction.
1t cannot determine issues upon which
the parties whose interest arc affected.
were not cited to trial in the court be-
low.
The statute before us does not declare
that Morrison and Pick ems arc usurp-
crs, if it did it would be unconstitu-
tionai, because it is II judicial question
whether they arc, or not, usurpcrs, and
the authority to decide it belongs alone
to tho courts. This statute does not
attempt to modify or in any manner
alter tho rules of practice by which
civil and criminal cases arc brought
before the court; it simply makes
it criminal offence for any per-
son not returned rs elected by the law
ful returning board, or not hohlijay u
commission from tie Gorc,3,o,' to as
s,','e Ia be u" 0ticcr o'H Ia interfere wikh
0,ay 1'uhiic GDicc, in the di$chulyc of his
t2tttiCs.
Now, if Morrison and pickcns have
done anything in contravcntion of this
criminal law, inquiry concerning it
can only be had by an Indictment or
information, according to the constitu-
ton of the State. And in order to
convict them of the crime of ,,surpa-
ton tho facts presented to tho court
must bring them strictly within the
provisions of tho statute. Suppose tho
question We're regularly presented by
an indictment and Morrison and Pick
ems were on trial for the crime of usur-
patton under the statute, would it not
dcvOlvc on the State to show that these
defendants not only uSurped their
Offices, INT also hud inteEJirrd miM some
21nbiic 0Dice, IN Hc discharge Of his ,l,t-
lies also that they assumed to be pub.
lie officers without having been return.
cd as elected by tho lawful returning
board, 'tO,' rithO'M authority Of II cone
mission from khr GOrC,1iOr of ne ,S1,tc"'
Morrison and Piclcns do not fal
within the provisions of this crimina
statute, because they did not assume t.
be public officers WithOk Wc unthO,ii,
Of Il commission issucti by the GOre,7,o,
'y tie state. They obtained pcaccablt
possession of their Offices Wt,lc,' Mc az
! MOrit.y Of commissions iSsur,i Ia mem u.
III. {. lHuO,Oih, GOrc/nrr ofW suite
nt 4th c0Y Gy Dere1"brr, 1872, and it is
admitted that they took the required
oath of Office and gave bond according
to law.
Morrison and Pickcns went int,
! Office on % December, 1872, under the