The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-04-21
The Firemen's Charitable AS
sOclatiOn.
Finances and Jury Duty.
An Enthusiastic Meeting.

AL Iall-pdSJ CLOCK yesterday cNCHihS
the members of the Fircmen's Charitable
Association met in their hall, corner OF
Perdido and Carondelet streets. The at
tendence was very large, and great interest
was evinced in the business before the
meeting. l. n. Marks, Esq, President,
called the Association to order, and, after
roll-call stated that very important
matter had TRANSFERRED to-day, and that was
with reference to jury duty.
In the New Orleans BULLETIN l see the
following:
During the calling of the new iurymen
for the balance Of the present term, at the
First District Court, on Monday, Mr..
J.. Ponrsine appeared before the bar in
answer to his name, and plead exemption
Of duty as juror on the ground that he
was an exempt fireman.
The court overruled his plea, taking as a
basis for this decision the new jury law, and
ordered the gentleman enrolled. When the
calling of the jury was completed Judge A.
NJ. Dooley arose, and addressing the court,
said:
Your Honor few minutes ago declared
that Mr.. Poursine was competent juror
and compelled to serve as SUCH although he
explained that he was an exempt fireman.
i desire to say something on the subject i'll
his behalf
The act of 1855 provides that except
under certain contingencies, those who have
served faithfully as tremen for a specified
time shall be exempt from jury and militia
duty, and the exceptions are in the case OF
military duty, and only then in the case of
an invasion. Mr.. Poursine has faithfully
performed his duty as a fireman, and he has
a vested right under this law to he exempt
from jury duty. The law is a contract be-
tween the State and the tiremen, and | con
tend that your Honor erred in holding him.
The Court-Was the gentleman exempt
before the passage Of the act Of 1852 If
so, he cannot be compelled to sit, and the
Court will exempt him.
Judge DOoley-The law says that all those
exempt who may hereafter become exempt
firemen shall not be compelled to serve.
This is vested right, guaranteed by con
tract, and under it Mr.. Poursine must be eX-
cused
Attorney General Field-The claim based
on the ground of a contract or vested right,
Is untenable. The Legislature night pass a
law exemptng all persons from military
duty; but l do not suppose that any one
will contend that a subsequent Legislature
has not the right to repeal that law. Every
citizen is under control of the State, and it
time. This is no vested right The Legis-
lature can give vested rights to corporations,
where for them some return for the public
good is made and these cannot be taken
away.
The new law repeats all laws in conflict
Herewith, and therefore does away with
all exemptions in itself not provided. 1t
appoints commissioners to select from the
citizens such men as they know to be com
petent jurors, without any regard as to
whether or not they are registered voters.
The men selected are to constitute the Jury,
and all old laws under which juries were
selected are repealed.
Judge Dooley, in reply combated the
opinion of the Attorney General as to the
law not giving a vested right and in doing
so in substance said: The law was made to
induce parties to join the fire brigade, and
in the event of their doing so and faithfully
performing their duty, guaranteed them
certain privileges. 1t said, you do thus and
so, and We will do to you thus and so. 1t is
a contract, q vested right. and according to
the Constitution no one can be Invested of a
vested right.
At the suggestion of the Attorney Gen
eral, who expressed the opinion that the
question was Of Importance and interest to
all judges in this parish, and should not be
decided on without full argument, the
Court concluded to defer its decision, Judge
Abel saying that he would consult his
brother judges before rendering one.
In the meantime Mr.. Poursne remains
suspended.
/ ascertained from Mr.. Poursine that he
should resist the action of the court, and
asked Judge Dooley to defend him. | told
him that it had always been the desire Of
the Board of Delegates to test this question.
Mr.. Frank Gestner said that he was salts
fled with the Importance of the case, and
moved that attorneys be employed.
Mr.. Fitzpatrick stated that the issue now
is not about exempt firemen, but relates
entirely to the active department. We
should protect the active fremen
Mr.. Hcatherton-lt is the exempts we
must protect, not the active.
Mr.. Fitzpatrick-There is no provision for
the active members. The act does not relate
to them, and there are many poor men in
our department.
Mr.. Heatherton-It has been decided that
exempt tiremen are liable to jury duty.
Mr.. Fitzpatrick-There being no jury fees,
1T is difficult to get jurymen, and the court
is less liable to excuse than before; mem
Der of Pelican, serving three years, was not
excused to-day The actives, repeat, are
not protected. l therefore move, as an
amendment that we take care Of all.
James 1. Day TOOK the nOor-ln looking
at the law, l was struck with the illegality
of the courts action, i'll not eXempting from
jury duty those who have served faithfully
in the fire department for years. We should
have our rights defended.
The motion was put and carried and the
President empowered to employ counsel.
The next business was the finances of the
department.. Mr.. Marks explained the posi-
ton of the city and insurance companies to-
wards the department, and spoke of the
cases before the court wherein the question
was involved and had been argued. He
further said:
had an interview with Mayor Witt and
asked him to push the matter with the City
Attorney. | have just received communi-
cation from Mr.. Wilt, which came from Mr.
Lacey, setting forth that be was pressing