New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-11-30

That, OF itself, is an attack on the organic
structure, which, if successful, will subver
| the government and place the revenues
| which have been derived from taxation il
| other hands than those which the constitu
| ton has directed. 1t is, therefore, uncOnstitu
| tional on that ground without violating any
| provision or letter OF the constitution. Il
| is void because it attacks the existence Of
| government itself, and is direct assault or
| all this legislation which takes revenue in
| any other direction than that which the
| constitution has directed; it is a violation o.
the constitution itself without infringing
the letter of any OF its provisions.
The Attorney General spoke of the Judi
ciary making laws Courts do not make
laws, but they will not allow the Legisa
ture to make laws which violate the cousti
| tuition.
| This question has excited the attention o.
the American people, and has been the sub
! lect OF judicial inquiry in New York and
Illinois, which | know specially about. In
New York, in the Court of Errors and Ap
| peals, in the case of the people eX rel. Mel
son n. Hopkins, controller, VS.. the board
OF supervisors of the county of Kings
Judge Allen set aside an assessment BY
| which $1,000 900 was to go into the treas
| not provided for in the constitution
He annulled the act. and is very
| full and explicit in setting forth
| that this is a judicial questionable power
| OF the Legislature to dispose of the rev
enues or to levy tax for the purpose OF
creating a revenue where there was limi
| tation las in our constitution, and where it
was not necessary for the current expenses
| OF the government. That is the substance
OF the decision, IN New York, by the
Court Of Errors and Appeals-the high
local firth al the of In
nois. the Supreme Court OF that State
recently passed on csse announcing the
| doctrine that the third holders of bonds
could not plead any of these defenses where
the law had transcribed its constitutional
power IN its enactment. or where it had
been illegally enacted; that the bondhold-
ers, being third persons. could not enforce
their claim to have a tax levied for the pay
ment OF the current interest
cite those cases for the purpose Of show
ing the current of the judicial mind in this
country on these questions. 1t is shown in
those States that the Judiciary has not been
slow to arrest the action Of the Legislature
where it has been trihing with the public
trust repOsed in it.
From these considerations I reach the
conclusion that this fund being in the State
treasury and there being no special pur-
pose, although there seems to be an act
which authorizes the Treasurer to purchase
the bonds for which this money has been
applied to the payment of interest, the very
fact tlat there is a surplus there shows
that there is no special use for it. 1t is in
the treasury. And even if it We're
there to be applied at some future
time to the payment of some debt
not as binding as those before the court in
this case, l would still hold that those
claims must be paid and the decree of the
court will protect the Treasurer against
anything that might be urged hereafter.
The nandamus is made peremptory, di-
recting The Treasurer to pay those demands
and all others of similar character out of
this fund.
The following petition has been fled
Edward Booth VS.. City of New Orleans
Plaintiff prays for an injunction restraining
defendants from collecting the park tax,
and that the act assessing them be declared
uncons itutional.
First District Court.
STATE VS.. H. c. Beldan.-O Obtaining money
under false pretenses. Plea of not guilty
State VS.. Jake Observation-Disclosures. SEN
tence-Two years in State Penitentiaary
State VS.. James A. misunderstanding a
sonceaed weapon. Fine OF s.
State George J. Converse.-Embezzle.
me1io 80 trial and adjourned to Monday.
Fifth District GOurfs
The Glowing decision has been rendered
by Judge Cullon:
Stateof Louisiana on the relation Of Mary
Williams tor habeas corpus vs. Edward
Webb-Fifth District Court parish of Or
leans, To- 5027 The relator in TINS case is
the mother Of an only child. named James
Ames, tDrn in October, A. D. 1864. She re-
lates th.t Edward Webb a resident of this
city, ma, said child in his possession, and
that he Illegally and against her will and
consent withholds it from her. notwith
standing she has amicably requested him
to return it to her, She further relates that
the fatler OF her child is dead, and that she
IS entitled to its custody. She asks for
guardianship OF the child. The court has
jurisdiction. Cool Con. Linn, p. 46, ana
references there cited. The necessary atfi-
dayit isattached, and the order issued No |
vember5, directed according to law. Ser
vice threof having been made, Edward |
Webb ame forward, producing the child in
open court, and answering to the order of |
the court, acknowledged the custody of
James mes and as part of his answer pro- |
duced aid offered in evidence an article OF
indentuB drawn up in this city on the |
twenty burth of July, A d. 1861, :. witness
ing tina, tor divers and good causes and |
considerations, Joseph A. Mower, Brevet |
Major General, assistant commissioner of
the Bureau OF Freedmen for the State of |
Louisiana, acting as guardian, did bind and |
put James Ames, an orphan, of Mary Wash
ington tnow Williams) coiorcd, freedman,
to lean the art, trace, mystery or occu-
patton OF blacksmith ETC., - the said |
James Ames to dwell and continue with
said EDWARD Webb, his executors or admin
istratos, from the day of the date hereof
until tie full end and term OF fifteen years"
etc. Tie usual stipulatlons follow. This
document bears the sign tures of Edward |
Webb, oy his mark, Mary Washington, by
her m.rk, and is approved by order of
Brevet Major General j. A. Mower, assist
ant commissioner Bureau of Refugees,
Freedmen and Abandoned Lands. State o.
Louisiana; l.. o. Parker, Second Leuten-
ant. FIRST United States Infantry. acting
Assistant Adjutant General in the pres
ence of 81 Jolissain, A S. A. Com. etc.
parish of Orleans. Across the face of this
document find the followin. superscrip-
ton ii red ink: Il hereby agree to tho
terms Of this indenture. Mary Washing
ton, he mark.
Mary Washington. now Williams. being
sworn stated on the trial of this case that
she kn,w nothing of the real nature OF the
article of 1ndenture. which she confessed
.he signed; that she had great affection
tor anC confidence in the wife of Edward
Webb, and thought she was conserving to
let her, and her alone, have the child: that
i neve' was minated 40 her that the OBJ
ect ofthe act was to place it under she
care anl keeping of Webb, and to TAX. it
entirel! from her; that had she been in.
formed Of its real object, as now Sor Che
irst tire made known to her. she would
never hive signed it: that the wife of Webb
% whom she intended to contide her child.
las sine departed life; that it was 8 Ion:
me bebre she learned that she was dead.
and that. as soon as knowledge
II Che fact reached her. she came
or and claimed her child; says she has 30
,ther, and thinks it hard it her ignorance
# what she was doing when the .ndentuye ,
vas signed IS to avail one in whose veins
lot one drop of kindred blood flows. and
deprive a mother Of all the felicity she is