New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-01-05

the purpose Of SO dispensing or arresting
persons so unlawfully assembled such Off
Ger or officers may cause such force of po-
lice aud posse comitatus to be armed in
such manner as he shall deem adequate to
accomplish such arrest, and If such officer
shall report to the chief executive Of the
State that the force under his command is
insufficient to effect the arrest Of such Of
tenders, it shall be the duty OF the Governor
of the State TO forthwith call upon the armed
militia of the State, and such armed force
as shall be at his command or within his
control, to aid in dispensing and arresting
the persons so unlawfuIly assembled.
SEC. 8. Be it'further enacted, etc., That
if such unlawful assembly shall occur or as
semble in any town, city or parish without
the limits of said Metropolitan Police Dis
triet, it shall be the duty of the sheriff. of
the parish within which such unlawful as
sembly shall a k place, or any Of his depu-
ties or any justice of the peace IN said par
| ish TO 90 among the persons so assembled,
or as near to them as may be with safety,
| and in the name of the State TO command
| all the persons so assembled Immediately
| and peaceably TO dispense, and if the per
sons so assembled shall not immediately and
peaceably dispense, it shall be the duty of
such officer Or officers TO command the assist
ance of all persons there present and to sum
mon a posse comitatus to assist in Selling,
| dEIGEIinS dHu SCCGLAuS III SuSlOuN lLc per
sons so unlawfully assembled, in order that
they may be proceeded against according to
law, and in the event that such force shall
be insufficient to effect the arrest of such
offenders, it shall be the duty OF the Cover
nor TO cause the armed militia of the State
to aid in the arrest of such offenders.
SEC. 4. Be ii further enacted, etc, That
any person being present and commanded
|. by any OF the officers mentioned in the pre-
| coaAiDO spptjnnS IN aid or assist in sai2inp
and securing such rioters or persons so IN
lawfully assembled or in suppressing such
unlawful assembly, who shall neglect or re-
fuse to obey such command, or when re-
| quired by any such officer to depart from
such place of rioters or unlawful assembly
shall refuse or neglect to do so, shall be
deemed to be one OF the rioters or persons
so unlawfnlly assembled and shall be pro-
secuted and punished accordingly.
SEC. 5. BE 1t furtner enacted. etc, That
any officer or person charged by this act
with any duty IN or about the suppression
of any riotous or unlawful assembly who
shall neglect or refuse, Immediately after
notice or knowledge of any such assembly
shall come or be brought to him, to pro-
coed to the place OF said assembly, or as
near thereto as he can proceed with safety,
or shall omit or neglect to exercise the au-
thority with which he is invested by this
act for suppressing such riotous or unlawful
assemblies, and for arresting and. securing
the offenders, be shall be deemed guilty of
a misdemeanor, and shall, upon conviction,
be fined a sum not exceeding five hundred
dollars, and imprisoned for a term not ex-
ceeding six months.
SEC. 6. Be it further enacted, etc, That
whenever knowledge OF any such riotous
or ~unlawfully assembly shall come to the
Governor, it shall be his duty to immedi-
ately tax such steps and proceedings as
shall or may be necessary to suppress the
same, and arrest all persons engaged there
in, and for that purpose shall, if in his
Judgment 1t is necessary, order into service
all the militia and armed forces of the State;
and any officer or private in the militia who
shall unlawtully neglect or refuse to obey the
order OF the Governor or any superior Off
Ger, when ordered to assist in suppressing
any such assembly or arresting any offend
er or persons unlawfully connected with
such unlawful assembly. or aiding and
abetting the same, shall be deemed guilty
OF a crime, and upon conviction thereof
shall be punished by Imprisonment for a
tam not less than three months nor more
than three years.
SEC. 7. Be it further enacted, etc, That
any sheriff, deputy sheriff, constable or
deputy constable, coroner, officer. non-com-
missioned officer, or private in the State
militia, or any other officer OF the State,
who is charged by law with any duty or
authority to assist in the enforcement of
the law and maintaining public peace and
order, or. members of the General Assem-
bly, of the State, who shall be voluntarily
present at any such riotous or unlawful as
sembly, assembled for any unlawful pur-
pose, or shall act with or participate in any
such assembly, or who shall aid counte-
nance or abet such assembly, shall be
deemed guilty of a m~isdemeanOr, and, upon
conviction, shall be punished by imprison-
ment for a term not less than three months
nor more than three years. Nothing in this
act contained shall be so construed as to
abridge the right of the people peacefully
to assemble, and TO petition to the govern
ment for a redress of grievances.
SEC. s. Be it further enacted, etc, That
the Governor, whenever in his Judgment
the public interest demands it, may require
the Attorney General 10 take exclusive
charge and direction of prosecutions of
otfenses under this act. This act shall take
effect and be in force from and after its
passage, and all acts and parts of acts il
conflict with the provisions OF this act are
hereby repealed.
(Signed) CHARLES w. LOWELL,
Speaker OF the House of Representatives.
(Signed) A. &. HARRIS,
Lieutenant Governor ana President oS the
Senate.
Approved January I, 1879.
(Signed) p. B. S. PINCHBACK, @
Lieutenant Governor and Acting Governor
of the State of Louisiana. o
A true copy:
E. B. MENTZ, .
Assistant Secretary of State.