The Opelousas journal. [volume] (Opelousas, La.) 1868-1878, 1873-02-08
ANOTHER DECISION.

The Supreme Court of this State hasr
Gently rendered another decision which
settles the question as far as that tribu-
nal is concerned, as to which is the legal
State government. When Judge Howe,
of the Supreme Bench, resigned, Gov.
Warmoth appointed j. H. Kennard in
his stead. Kennard's appointment was
never confirmed by the Senate. P. III.
Morgan was appointed by Acting Gov
ernor Pinehback to fill the vacancy caus-
ed by Judge Howe's resignation, and the
appointment confirmed by the Senate.
Kennard refused to vacate, and suit was
brought by Morgan for the Office, under
the intrusion act. The case was decided
in Morgan's favor in the lower court,
and an appeal was taken to the Supreme
Court. The two main questions to be
settled by this court were wa Pinch
back, who appointed Morgan, the legally
acting Governor of Louisiana? and was
the Senate which confirmed the appoint
ment the legally constituted Senate of
louisiana The court disposed of these
two questions as follows:
Was he (Pinchback) acting Governor
Of the State9 We have no doubt Of the
fact. He was elected President OF the
Senate I'D December, 1871, after the death
Of Lieutenant GoVernorD Dunn. Assnch
he became Lieutenant Governor during
fine unexpired term of Oscar j. Dunn.
Section 156Oof the Digest of the Statutes
of this State provides that in case OF
the vacancy in the office of Governor,
the Lieutenant Governor shall be Gov
ernor, In case of vacancy in the Office
of Lieutenant Governor, the Senate
shall elect q President, aUb0 shall be
Lieutenant GOvera0T.o
The law does not say, during his
senatorial term, but that he shall be
Lieutenant Governor lie the Cover
nor had died OF resigned the day after,
the Lieutenant Governor would have
become Governor.
Can it be pretended that, under these
circumstances, the Office of Governor
could have become vacant by the ex-
niratiOn of the term for which F.. B. s..
Pinchbaek had been elected q Senator'S
We think not. He was Lieutenant
Governor when Governor Warmoth
was impeaehed by the House of Repre-
sentatives. During his impeachment
the Governor was suspended, aud the
anowerg and duties OF the Office de-
VOWED upon the lieutenant Governor.
Was the Senate which confirmed p.
II. Morgan the Senate OF the State of
louisiana
It was composed of persons returned
as elected to tbs Secretary Of State by
the returning officers recognized by this
court to be the legal returning ofieers
at the late election. Constitution, art AS,
Though we have not the poWerto de-
eide who are the members of the Gene
raj Assembly, yet we, as judges, arc
bound to know what assembly Of mer
constitute the State Legislature, for VIZ
are bound TO know what are the laws
DC this State, I'M order to a~diudicatS
upon the rights Of litigants under tIt
law.
n. Morgan was duly appointed and con
frmed Associate Justice OF the Suprem,
Court, vice w. w. Howe, resigned.
There is no legal power in this Stat
now that can oyerturn the kellogg gov
eminent. The Federal government cal
do 1t; but the Irregularities and infor
malities are two numerous and great o.
both sides, for Congress to eYertarI
the State government which am i
by regular sueoession-whicl is in pos
session-and whose right of possession
has been confirmed by two decisions Q
Tie highest legal tribunal in the State
Others may see the matter from o differ
emit standpoint and with different eyes
The difference is ~ great between
The optics seeing as the objects seen.