The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1873-08-09


shall be doomed n usurper and punish
cd, &C., NC. Will this Court extend
the provisions of a criminal statute
and hold that officers acting under the
authority Of commissions issued by the
Governor, are criminals, and arc pun
ishable under law which only pro-
vides penalty against persons assum-
ing to be officers apitho,N commissions
issued by tho Governor, or without
having been returned as elected by the
legal returning boartlY.
Suppose the legislature had extend-
etl its provisions so as to cover tho case
of Morrison and Pickcns and declared
it crime for these commissioned,
sworn, bonded, and recognized officers
to continue to discharge the duties of
their offices, would that part of the
statute he valid and obligatoryf Arc
acquired legal rights thus to be dc
stroyexl in tho face of article 40 of the
constitution prohibiting the legislature
from passing yet,Onctice la,rSY Is il
| competent tor tho legislature to decide
| that Morrison and Pickens have no
legal tittc to their offices in tho face of
that provision of the constitution con-
ferring all the judicial powers of the
State upon the courts? i think not.
In the case of Downc vs. Towne, p A.,
tfttS tStfft fttft ttistt tit ttStH &3ttt tte
lcgislNtcd out Of Office, and that u con-
stitutionai officer can only bc removed
| by address or impeachment.
Morrison and Pickens hold titles to
constitutional offices they held them
before tho criminal statute In question
was passed. The validity of their IT,
ties is not subject for legislative in
qtliry; it il Il matter alone for the
courts to determine. But 1t Is urged
that tho Legislature has only made ii Il
! crime for these officers to continue to
fill their office; this Is virtually dc
Gliding they have no titles to their
offices, because the making 1t crime
for one to hold his property or his
passage of tho law, Is tho strongest de-
cision that he has no titles. Tho legis-
lature could not make this decision,
and they cannot destroy acquired
rights by the passage Of u retroactive
| law. Constitution, Article 10.
But the strongest objection have to
tho ruling Of the majority Of tho court
in this case is, that by it's decision the
court virtually adds to, or supplements
this criminal statute, by adding, as II
further penalty; hM all the acts 9f
these officers are 0dsoi,ttc stu(2iticS. The
law has not prescribed this penalty.
This Court has no authority TO supply
it. While the legislature would have
no authority on tho ono hand, to cxcr-
| else judicial power, deciding that oill-
GERS holding under Governor War
moths commission of 18th December,
1872, arc usurpcrs, this Court has no
authority, on the other hand, to cxcr-
else legislative power, and to amend
the criminal statute, No. II, by pro-
viding as Il further penalty for the
crime of usurpation that all the CDiciUi
acts Of srch 0Dicefs stat he absolute NUT
tiles. 1t is we'll for each department of
the State to keep within its prescribed
powers. And 1t is dangerous for one
department to cncroach upon tho fInc-
tions of tho other. In prescribing the
penalty for the crime OF usurpation, If
the legislature had intended to innict
tho further penalty, that all thcir DDici0i
| acts shuW ne absolute ,l,titiIics, they
would have said SO in tho statute. 1t
was their duty to have informed the
people of il in order that they might
avoid, if possible, transacting business
before the clerk and sheriff of the par
ish of CadtlO.
In the parish of Ca,ido is the city OF
Shreveport, the second largest city Of
the State. Tho people of tint parish,
! of this State, of other States, and of
foreign countries have, since 23rd Dc
ccmbcr, 1872, no doubt had much inn
portnnt business to- transact in tho
clerks and shcriT's Offices, and also
before tho Parish and District Court,
and no doubt several terms Of tho
Parish Conrt. Citations have been
served upon which ii is perhaps relied
to interrupt prescription in suits per
haps involving tho entire fortunes OF
minors, married women, and citizens
of this State, of other States, and Of
foreign countries. Judgments have
been enforced, sales have been made,
criminals have been punished, and all
manner of Judicial business has been
transacted. All this will be annulicd,
and the rights, pcrhnpa, of thousands
of innocent persons will bc lost ns the
result of the decision of this case. All
I these disastrous consequences must fall
upon the people of Caddo and of other
parts Of the State, and also tho people
of other States, in order to punish tho.
crime of usurpation under the statute
of March 5th, 1878, although that law
will be searched in vain to find such q
J ppualiy.