The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1873-06-07
OUR SUPREME COURT.
EFrom the New Orleans Herald

tffS tttitS ana requirements OF theii
high office. They betray an equal dis
regard of the law and of public opinion.
They commenced their career of gross
partisanship by assuming jurisdiction
| of what is known as the returning |
board case, in express defiance Of an !
| article of the State Constitution, which |
they had sworn to support and obey
That article limits the appellate juris- |
diction of the Supreme Court to cases
where the amount in dispute exceeds
the sum of $500. There is no salary
affixed by law to the performance of
the duties of returning officer. The
only reward of the Office is the supposed
honor it confers. The Supreme Court
was, therefore, without juristliction.-}
But what cared they for that trife?
| They had political mission to per-
| form, and they did it. Casey had tele-
| graphcd to President Grant on the 18th
| OF December that the Supreme Court
| would sustain the Kellogg government,
and the Court showed its aIacrity to
justify that confidence by disrcgarding
such u triilc as an article of the State
Constitution. SO they usurped juris-
diction in that case, and decided that
the Lynch returning board was the
! legal board, Notwithstanding the law,
under which they had been appointed,
|
abolished, and notwithstanding tho fact
that mono Of the members Of that abol-
ished board appealed from the decision
| of the lower court, but ;lcqucsccd i'll its
Judgment.
But rs we said about the constitu-
tionai objection, these considerations
were mere trifIcs, and were not allowed
to stand i'll the way of the political mis-
sion they had to perform in unfolding
| Ncllogg's government. This was the
first step. In the case of Morgan VS..
kcnnard they reclllessly rushed onward
in the accomplishment OF their political
work. In that case the only question
presented to the Court was whether
person to perform the duties of Associ-
ate Justice Of the Supreme Court The
defendant raised no question as to who
was Governor OF who were the Lcgis-
l;lture, but objected to all outside issues
as Irrelevant.
| But what did oar political Judges do:
They not only decided that Mr.. Nor
: gan was the judge, but decided that
pinchbaclI Was Governor and that the
kellogg Legislature the legal Legisla-
ttlrc. Although these parties were not
:, before the Court, and although the
members of the Kellogg Legislature
had been returned by 4 returning board
f hat had ceased to exist, and that had
no returns to canvass, surprising it still
in existence. This board was, besides,
under Il valid injunction, restraining
and prohibiting it from acting at ali,
and was enjOincd in another case from
canvassinG and promulgating any
! thing but the official returns But
, these were mere triilCs and were not
+ allowed to block the way of tho parti-
san work our political judges had to do.
+ Tho ah!cst Republican lawyers il, the
/ United States Senate have passed .t,dg-
, nent on tncsCc;tsps. The United States.
( Senate Committee found that the Lync1,
, Returning Board had been abolished
l. by the repeal of the law creating il; that
+ 1t never had any returns to canvucs;
: That it was inloinrd from acting ut all;
, that it was cnioincd from canvassin Q
, anything but the official returns; and
t further says:
There is moth ing in all The comedy OF blum
l ttcrS and frauds under consideration more
, indci"nSibl" than the pretended canvass OF
, this board.
liut III subsequent cases, our Supreme
Court capped the climax of judicial i'll
fanny, fulfilled their political mission
and completed the dirty work Mr..
Casey forctold they would do for the
= i>'i''S1&- tlStSlliltioH. W q Ftlt! their
unhcard-o OF rulings in tho case of Collin
.knohlocl>, and of Bonner VS.. Lynch,
and of Kemp vs.. Ellis, recently dccid-
cd. In these eases they reached tho
, incredible conclusion that the action of
the i.ynclt Returning Koard WAS final
and conclusive, ana could NOT be rcvis-
cd.
This is the simple truth, Q most as
tonis!"d reader! -Four judges, L.udc-
: ling, Taliatorro, Howell and Morgan.
made this unuttcrahly infamous dccis-
ion. Thry decided that the tenure Of
all the offices OF the state and of each
: parish. is absolutely and irrcvocably
I concluded by the Illegal and unautltor-
i%"l action OF an Illegal returning
beard; that til" most monstrou.; outrage
nfthrL Lynch Rctugmin" Board, prctcnd-
ing To make 4 canvass of election
> returns, without hlvium any returns TO
: canvass, Was all ri%hG unu legal, and
that thrir pretended canvass was now
tu;t! and conclusive. WrrXucct moth
INg better for tudrliUg, 'Taliui,crro and
: t"W"'l, but W" did expect somUtiur
I better from = u N,lrU.1., .,1tbr,,,I, , =,