The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-07-12


Of course. the applica ton was denied. One Judge
| might easily destroy the usefulness of courts OF
equal dignity and more jurisdiction, if, in wri,
OF habeas corpus, the constltutionaity of any
law can he determined; as another instance, lei
us suppose that the Honorable Judge of the Su.
perior District Court should commit person fol
contempt the commitment being legal in form
and substance, the contempt undenied, and that
the person held for contempt should apply to an
other district judge for habeas corpus to be dis
charged, upon the sole ground that the Superior
| District Court
HAD NO CONSTITUTIONAL EXISTENCE,
and that the law creating the court was uncon-
stitutional; can it be seriously maintained that
the decision releasing the prisoner would have any
force
1t is useless however, continuing the discussion
| Of this question the Code of Practice has en-
pressly provided in what cases judge shall not
discharge a party from confinement. Article S32
commences as follows: eff it appear to the
judge from the return to the writ or from the
accompanying documents, that the party is con-
fined by the order Of some tribunal, he can only
restore such party to liberty in the following
case
Paragraph =" Where there exists no general
law, judgment, order or decree of court Of JUS
tee, if it be i'll civil suit sentence of convic-
ton, if in criminal suit, to justify the imprison-
ment.
In Riquelmy's case, no pretense is made that
the commitment was not in legal form nothing
was claimed, except that the law Is uncOnstitu-
tional; this the Court had no power to pass upon
in that proceeding under the provisions of the
Code, and hence the order for the release was a
nullty and the Sheriff should not have acted UNI
der it,
1t may be pretended that the words &c senten-
tence OF conviction" apply only to conviction by
jury. This pretense
IS An INSIGNIFICANT oUrBBLE
1t Is well settled that these words applica-
bic to the summary conviction under penal
statute before justice of the peace, as upon the
verdict Of a jury.
l conceive it to be my duty to uphold the jul
risdiction of the relator police justice, where
it becomes a question as between him and
an officer who is under the supervisory julisdic
ton of this court and having duty to perform,
I know Qf no consideration that will induce me to
avoid it. Besides the other questions considered,
it is question Of grave doubt with me whether
one court has right by writ of habeas corpus,
to the executive officer OF another court, to take
prisoner from the custody of the latter in the
doubted. 1t is Of great importance to the com
munity that, instead Of belittleing and treating
with disdan courts that are created by the Legis-
lature whose jurisdiction Is OF vital Importance,
though limited, they should be upheld and
sisted in the performance Of their duties ana eX-
ercise Of their jurisdiction.
Something was SAID In argument about a con-
fict of jurisdiction. There can be none where
each court confines itself to that jurisdiction that
the law has vested in it, and far this court is
concerned.
1T SOLEMSLY AYERS
that every fair means will be adopted and every
exertion made to avoid it. 1t is furthcst from
my views and intentions to review the action Of
any Judge, but where the act OF judge affects
the action of an officer of the court over which
have the honor to preside, l cannot, if l would.
avoid the responsibility of deciding. Ii any way
can be suggested i'll which my action can be sub
mitted to the Supreme Court of the State, l shall
chcerfully afford every opportunity, and extend
every facility for that purpose
For the reasons have given, l am constrained
to decide that the Sheriff had valid reason for
releasing the party. until the sentence imposed
by the police magistrate was complied with, and
l must therefore order him to rearrest Esteban
Rio uelmy, and hold him under the orr Sinal COM
mltment issued by Hon. f. Staes, Justice of the
Second Municipal Police Court, until the sentence
in said commitment as set forth be complied
with. Let the order be made accordingly.
-
The abominable passport system, which
ought to be repudiated by every free country,
is gradually becoming more extended and
more stringent throughout Europe. Even in
the petty Kingdom of Greece, this system has
lately become more rigid Last month the
projects received circular announcing that
the Greek Government had decided to pro-
hibit foreigners from entering Greece without
passports vised by the Greek consuls Tray
cling in Greece is neither SO pleasant nor safe
that an additional local obstacle should be
raised up against it.
Sir Garnet Wolsley went to Africa with an
army, and killed or subjugated single tribe,
for which a grateful Government awarded him
GA, 600. DR.. Livingstone went to Africa alone,
with a heartful of humanity and vanquished
scores Of chieftains by the more potent sword
Of charity and good will Lo! grateful
Government gives him, or the same thing, his
heirs the enormous sum Of E}OOO. Who will
now say that :. Peace hath her victories rs well
as war;
NEW WAY OF COLLECTING BAD DEBTS. -
The business OF collecting bad debts is being
conducted i'll new way in Minnesota A
man has established agencies at various points
III that State, and from these are sent out cir
culars like the following:
OFFICE OF U. $. MERCHANTS
BUREAU FOR COLLECTION.
THE BRANCH.
Nj: 4 claim against you for s. is in our
hands as attorney for the Bureau of Collection.
This bureau was organized by leading business
houses throughout the State for their mutual
protection. 1t seeks to collect just debts and
protect the merchants against those who will not
pay. For this purpose the bureau prints, every
thirty days. report containing list of those
who after receiving notice from the attorney for
the bureau, will neither secure pay their
debts. This proves a safeguard to the mer-
chants. and pre- ITS those in the list from get
ting further credit so long their names there
remain ; but the name Of no one appears who
will arrange for OF secure the indebtedness with
in ten days from receipt Of this notice. Now it,
after receiving fair notice you neglect to give the
matter proper attention, the rules Of the bureau
require that your name shall be placed IN the
- number of the Journal, and be marked
unworthy Of credit, and to remain there uutil you
have paid the claim. This journal is furnished
every thirty days to business men throughout
the State. -, Attorney.
The ToNGUE-Nothing but the proboscis Of an
elephant compares in muscular iiexibility with
the tongue. 1t varies in length and size in rep
tiles, birds and ma mmaa, according to the pecu-
liar organic circumstances of each. A giratfe's
tongue has the function Of finger. 1t is hooked
over a high branch, its strength being equal to
breaking off large. strong branches Of trees, from
which the tender leaves are then stripped. An
ant-bear's tongue is long and round, like whip
lash. The animal tears open dry clay walls of
ant hills, thrusts in its tongue, which sweeps
round the apartment, and by its adhesive saliva
brings out yard of ants at a swoop. The mech
anism by which it is proruded so far is both COM
dictated and beautiful A dogs tongue in lapping