New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-10-10
COURT RECORD.
FRIDAY, OCTOBER 9, 1874.

FRIDAY, OCTOBER 9, 1874.
Superior District Court.
Judge Hawkins will hold court Saturday,
the tenth instant.
superior Criminal Court.
State vs. Daniel Williams-ArsOn. The
Justice of the First Municipal Police Court
being unable to furnish any papers relative
to the ease, the preliminary examination OF
which having been heard by his prede-
cessor, the accused was discharged after
having been in prison eight or nine months.
ORDER.
The police magistrates and coroners OF
the parish of Orleans are hereby directed
and required to comply with the provisions
of the existing laws which provide
that all property coming into their
possessiOn or under their control in the
course Of judicial investigation be imme-
diately upon the termination OF said lnvestl-
CATION, transferred to tho custody OF the
property clerk, to be there retained subject
to the disposition provided for by law under
the jurisdiction OF the proper court.
First District Court.
INFORMATION FILED.
Larceny-Nathaniel johnson, Emma
Watkins, John Mathews, Louis Crest, Mel
lie Williams.
Assault and battery-Delia Montegut,
Nick Verges, Charles SAGE, Bill Ross. Rob
ert TAYLOR, Charles Caesar, Charles Wilson,
John Thomas.
Wounding less than mayhem-Louis Foy.
Bigamy-George Garry.
With intent to defraud, paying worth
less check-George Med. Madere.
Entering, etc.-JOhn SEIth.
PLEADED GUILTY.
Assault. etc.-Robert Taylor, Charles
Caesar, Charles Wilson, William Thomas.
Assault and battery-William Jackson,
one hour in the Parish Prison.
Larceny-John Owens, one month in the
Parish Prison; Fanny Walker, two years in
the Penitentiary.
Fourth District Court.
Patrick Clark vs.. w. p. Harper and his
srreties, Edward Rigney and Robert +.
Rivers rs.-Plaintiff alleges $4,000 damages for
illegal seizure, stating that he has kept at
! the corner of St. Charles and Constantine
pie streets; that he is the victim of con-
spiracy; that the city ordered him to remove
| by process Of court beyond certain limits,
| that he complied with the order; that. after
compliance, defendant seized thlrty-One
COWS and detained them four days after
contining them in the Sixth District pound;
| that he also retained the milk, and much
| damage was done the animals and pockets
| and feelings of p. Clark.
Fifth Districs Court.
/ Adolph Schultze, petitioner Tor habeas
! corpus, alleges that he is confined on coul-
mitment of Hon. A. H. Macarthur, justice OF
the First Municipal Court, fer alleged VIC
lation, by selling Havana lottery tickets, OF
act No. of 1874; that the act is uncOnsti
tutional, being in violation OF articles two
/ 49, <ho onuctifutiOY, 1f f.pn
| isiana, and that the commitment is null and
void, the court having no jurisdiction, and
| prays to be discharged. Writ refused and
| prisoner remanded.
The following 10 Judge Culiom's de-
cision:
The main point in this case 10 eimply che
conetitutionality Of act No. OF 1874 under
aaticle ninety -four, which reads as follows:
| mo jurisdiction, except as committing
| magistrates in criminal cases, shall be con
ferred on any officers other than those men
toned in this title, except such as may be
necessary in town and cities, and the judi
cial powers Of such officer shall not extend
l further than the cOgnizance OF cases arising
I under the police regulations OF towns and
! cities in the State" The main principles
involved in the case are laid down In
Cooleys Constitutional Law. Ihe powers
! Of government uEder our system are subdl
I yided that we may have more perfect gov
! ernment. The different sections in theil
I sub governments are subject to the genera
I government. All parishes or counties and
cities of the Union, and particularly in Lou
isiana, have % moro powers than those
delegated to them by the authority which
created them. Without there would bt
no government; the created would bt
analogy man might assume superiority
to his Creator, for the Legislature, being
the highest authority, approaches the In
| finite Being 80 far as the wisdom of mai
can approach it. In this theory it can del
egate certain powers to do certain acts. In
the CITY of New Orleane there is no author
ity which has not been expressly delegated
by the State. No authority that it exercised
has any vitality, for it is mere parasite Of
| the State. In the exercise of its authority
the Legislature may alter the city charter
obliterate parish lines, and create others
All these are police regulations. 1t follows
that if the State deems proper to make
police regulations for its creatures, thai
it might have given them power t.
make, it may do so. The &C: creating
the Louisiana State Lottery Company
must be deemed constitutional because
four decisions of the Supreme Court
have so declared it. Act No. is q
supplemental act. intended to protect the
privileges given by the main act. That be-
ing constitutional there must be the righ
to pass acts aiding its enforcement. It is a
mere addendum. Whatever moral policy
might indicate is not for the court to deter
mine. 1t must respect the wisdom Of the
Legislature. The objection that the act is
local, and therefore in violation OF article
second, is not we'll founded. The Legisla
ture probably did not extend its provisions
| to other parishes because it did not deem il
necessary, there being less business done il
them.
In regard to the claim that the Legisla
ture can not protect the sale Of tickets Of itf
own chartered lottery, where is the right o.
foreign company to sell theirsf IfOne has
no right neither has the other. The arPu
ment is . tvo-edged sword. and cuts both
! ways.
Four courts have passed on this question
/ aud decided the act constitutional The
citizens are supposed 20 be guided by these
decisions, and it is not right that a third, 6
= fourth or fifth court should establish Al