New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-08-02
COURT RECORD.
Supreme Court-sii.ins at Monroe


A. D Battle IS. w Jenkins
| James A. willard vs. ". D. Brigham.
! JUDGMENTS REVERSED.
| Thomas Nanyieton vs. 3. II. Dinkyrave
! Louisiana Mutua. Insurance Compan,
| VS.. Waters s. Elder.
REHEARIsGs REFUSED.
}. J Hasiev Ct al VS. Mrs. P. b: Hasley.
Lohu VIE eLe- rs. Allan = Wood
Sanu-, Wh!.ed VS.. Mira. NJ. J. Lewis.
ID. Davis ~. R. H. Ward.
Flou-nov & Mil!saps -. NJ. NJ, Grady.
II. =. I,pe!v. vs. D Dinkgrave.
|. S.ephen Groom Y. Jere Johnson.
j. A. Willard rs. W. B. Brigham.
The following decision beng OF great in
pOctance. III addition to the abstract here
presented. a full report has been sent toI
and vii. be published IN few days:
Site ~. Zach Mcfarland. Caddo--De
fentlant Z tbs case being charged with muir
DER. was, after being INDICTED TOR iEuCde.
az toe January tern. Of the district court
admitted to bail by order OF the distr;c.
Judge n the sum 0: 5000. Failing to ap
pear a. the March term o: the district court
judgment risi was rendered against him
aad bis securities OF the amount OF his
bond.
The sIreti.s fled motion ~ set aside
the jud gmer.. They alleged the want OF an
inL!c,n.en c-ali warrant. chat there Was 40
arrest: that the bond was not taken by d
legally authorized officer: the grand jury
was no. legal one; that eTen /. these ob-
jectiGns De oye-ru.ed stil. said MCFariand
can not De Compelled 20 appear before
this court a. the presen. term, because
the law prohibits h:m and all others, espe-
c.aIly officers OF tie State, from recogniZing
il any manner u,-rper. in Office. and be-
cause the otiices Of the Clerk Of said court
and sner.-: 0. said court are now Usurped
BY $. NJ Morrison and J. W. Pickens, pre-
.erG.D, 20 az. without the authority o. an
election declared by the retu, ring board
co1s.irured oy law. AMI without commits
sion. from the Governor of the State: that
Morrison and Pickeus have openly adhered
to. recognized and attempted to maintain
tine tusurp!ns government known as the
McEnery government: that they IRE
usurpecd, illegally assuming Or pretend
ing 10 be pUbiis officers. without any
shadow or color of right, in defiance ct law:
and that al. their acts as such, being sub.
versive OF the government and in contra
ventiOn of prohibitory law are absolutely
null and void. The motion further repre-
sents tLat the returning board constituted
by law has legally declared Z. B. Hollo-
way clerk and A. FiournOy sheriff OF Caddo
parish; that the Governor OF the State COM
Mlss;OueG them as such officers, and tina:
they We're duly qualified to act long ante
c.Or &c the date on which said Indictment
was fled. and that they were the only per
son, entitled in any manner to discharge
the functions OF their respective offices.
1t alleges that the Judge had no right to
order Pickens to take the bond, and the
said P.ckens was without authority to take
the bond, being forbidden by law from do
ing so, and the bond is utterly null and
void: that &c Judgment could have been
rendered On said bond, Or any other action
thereon at that term of the court. because
the offices OF clerk and sheriff were violently
usurped, and the lawful clerk and sheriff
were prevented from tischarginc the duties
of thei: offices by sad Morrison and
P.cGs1s.
The mO.:c, was Overruied, Judgment
was signed and the suret!es have appealed.
1T is necessary to decide whether or no:
S. II. Morrison and D. w. Piokens wese
respectively clerk and sheriff OF Caddo par
ish i:-.l. the time When the aforesaid pro
ceedli. - we're mad.
L. 3. Holloway was declared etecte! b
..e returning hoard. and commissioned
Bscelnbsr 70. 49,. oy Aesias Governor
5. y. Morrison ard J. ". P:cken, re-
celvet commissions from Governor War
moth. dated December !. 1872
Morrison and P;cie.is obtained possession
G. the buildings and hcok.. and Holloway
anG F.ournoy have been asserting their
right. eve- since. Morrison said III his
Testimony he recognized the NcEnery gov
ernLert. I. IS admitted tlcke1S would
sta ..e sane.
1T IS manifest from :he foregoing state
Ler. that 5 NJ. Morrison aHL J. W. PickeEs
exercise she functions thereof under what
they call THE McEcery government in OPP
position GO TIE authority OF the Cuitfi
State: ami the laws and decisions O. the
cour-s Q: this State
1T rtu!d seem to ba absurd 20 require
al arr1mea. 20 show tia. parties occupy.
ns suc. positions can not he regarded IS
lie :a:co officers G: the sovernMent they
condemn
See L..ae. vs. Border and act No. /! OF
1873.
The law prohibit, persons occupying such
positions rom pertorm.ag any official acts.
Tae- are therefore III. and void. They
aave no tie to office. The returning board
lid not declare them elected. The docU.
nent. issued by G3verao: Warmotk are
utilities. No one could have been com.
n:ss;oned excep: by Acting Governor
p.nch5ack or Governor Kellogg. Before
Morrison and pir!lens could act they should
awe been declared electe,: by the legal
,oa-d and commissioned according to law.
Neither %. these things beng done. thar
.c-s az sheriff and clerk OF Caddo parish
after the ;rroml! CATION OF The law. are in
agranc vioiat.o. aud Sou.raventio1 OF
statute io"ty-Oce.
The court concludes:
I'VE shin, tne statute No. Il of sle Gen.
"a. Assembly OF 1873 valid and obligatory
lpon all citizens so tac as applicable to this
ase. The pretended official acts of S. NJ
Morrison ana j. ". Pici1ens are utilities:
.nd. therefore. the bail. which is the basis
II TINS suit. as well a. all the proceedings
lad IA the case while Morrison and P!chens
yer. pretending 70 ac: as clerk and Sheriff,
re nu.. and void.
Il: i. therefore ordered and ad Judged
IA. tie 10 glnen' and proceedings il. this
asc tc dec aced null and void, aaG that
he proceeding rs lie dismissed
Justice WHY dissenting.
For lie reasons stated, n the cas-. OF IKE
tate W. Zach Mcfarland. the following
ases .r0:.. Csddo parish were dismissed or
enanGet.:
Charles C. Ely W. city Of Shreveport;
recession .: Isaac Mckee and opposition:
: a.. : S-a.e ex rel. Holloway vs. Samuel |
l. Morrison: Thomas W. Jones VS.. W. ID.
y vile: Thomas w. one5 vs.. city of Shrcve-
oyt: y. b. Holloway vs.. s. NJ. Morrison: |
:. v. D;..ar,. G. a., vs.. city O. Shreveport: |
:. Be:c..e: IS. city .: Shreveport: Williams, |
ohCso:. * Co. vs. CITY o: Shreveport; C. |
J; Steers vs. city Q: Shreveport; Gregg &
ord rs. CITY CT Shreveport: Steers Il Carl |
OF vs. city O.. Shreveport: tutorship Of |
Iarr 5 Jones: A. +. Mah!e ct al. VS.. d. j.
.Idec e: al: ". G Hall vs.. J. NJ. Ford; |
chm Ca.dwe.. IS. W. +. Cox.
First District Court.
State ". f. Ambrose and A. Hac,;s.-
,arceny. Verdict. guilty.
State IS. Radensteia e. ai-Breaking aad
a.er!us. e:c.-Ne-d:ct. not guilty.
State vs.. Charles Francis and Emile
Verdict. guilty; recon-
=, Il %. t:nc