Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1874-10-28
War News from Different Parishes
Details Of 0utrages Perpetrated
in the Name Of Law.
Attorney. eReral Fields Opinion on
the Mach Agitated Question OF
Naturalization, and the Pow
ers OF Certain Courts.
Latest Intelligence from Franklin, Nom
rec, New iberia, Homer, and
Other Localities. Etc.

New ORLEANS, October 24.-Attor-
ney- Genelal Field has given his opinion, adj
dressed 10 the State register Of voters, from
winch the following extracts are naue:
SIR-Iour communication OF the tweRtieth
instant, has been received, and the question
you PROFOUND TO me, whether the second and
first district courts Of he pari,h Of Orleans,
have authority under the act of congress OF
the fourteenth Of April, 1902 10 grant natur-
al ZatiOn certificates to aliens, and thereby
confer upon them the right OF citizenship, l
have cons ered with more than ordinary care
and with view of having these grave ques-
lions fairly and legally determined. The nfth
teenth Of April, 1902, pT0Uides that every court
OF record, In any individual state, having
common law jurisdiction, and seal ana
C ERIK protnOnOtary, shall be considered us
trct court within the meaning OF TINS act,
and every alien VINO may have been natural
lied in any such court, shall eujoy after the
and privileges as If he had Teen
naturalized in district or circuit
court OF the United states. Y at. az lAIse'
l5S. l maintain that this is the only proVi-
sion Of law which defines the character and
Jurisdiction OF the courts clothed with power
by the act Of congress 10 naturalize aliens.
The inquiry then suggests itself: Does the
second circuit court contain the ATTRIBUTES
required in the action above cited? II II does
not possess all of them, then 1t cannot natur-
aIize. The second district court is court OF
limited Jurisdiction, and MAINTAIN, without
the fear of successful contradiction, that the
second district court has not now, nor mas II
had since 1864, any other power OF or JuriSdic-
ton except that which strictly belongs 70
probate court VIII IL be commended that a
court so limited in its jurisdiction, connned
entirely to probate matters, with no power 10
decide upon controversies between ntigants
generally, could be classed as a court exer-
cisiDg common law powers?
Here follows an array OF authorities, show
ing that a court 10 naturalize aliens must
have common-law Jurisdiction, and the re-
cent decisions of the supreme court Of Louis
lana are cited, one OF which says: "The sec
ond district court has only probate Jurisdie-
ton" The other says: the second dist 5ad
not luTiSdiCti0n to try suit against nelrs VINO
had been put in possession OF property OF sue
cession." The attorney-geDeral then says:
'aTRis court derives all Of its Jurisdiction. and
its proceedings are strictly dependent upon
statutory law" In conclusion, he says: All
ter very careful and patient examin atlon OF
the question you have submitted TO me for my
official opinion, and, If know myself, with
determination to dtvest my mind OF all polltl-
cal infiueT ces in coming 70 a conclusion am
constrained TO saytnat do not believe that,un-
der the third section Of the act of congress APP
proved on the fourteenth day of April, 1872, the
second district court of this parish has the
jurisdiction TO grant naturalization 70 Aliens.
FRANKLIN.
FRANKLIN, October ga detach-
ment of United States infantry, in command
Of Captain Page, arrived here tonight Their
arrival causes mue9 a. surprise among 2, al
was never more quiet than at present, and
better and more friendly feeling exists among
tue Two races HOH ludu ever DclOlCs
MONROE.
MONROE, October 27.-The telegraph
company is taking testimony relative TO the
cutting OF the wires by Lieutenant HOdgson
and Marshal Seely west OF Vienna. Both
wires were cut in six different places, and
forty or fifty feet taken out OF each wire, the
ends wrapped around trees, and the insulators
removed. 1t took several hours to repair the
damages. The afiidavits Will show that The
cutting was done by soldiers under orders
from HOdgson and Seely.
The Investigation before Commissioner Jew
EFT, OF the case of Judge scott, Recorder Ram
sey and Mayor Richardson, of Homer-Clai-
borne parish, who were brought here yester- |
day, closed to-day. A decision Will be render |
ed tomorrow. The testimony OF scott Ralnes,
colOred, the principal witness Tor the proSecu- |
ton, was, that q Republican meeting broke |
uD because pistol was fired in the street
about a square on; no one was disturbed or |
threated in the meeting; but he lhaineS) was |
subSeq uently personally abused by white /
men, but did not leave town till sunset. |
es, testified favorabiy 40 the accused. Sheriff |
AycOck, summoned by the defense, testified /
himself that Ramsey, Richardson and Scott i
were active in keeping peace, which was
threatened by the violent action OF the ne /
grOes, who demanded possession OF white l
man who had difficulty with negro, when /
a pistol was nred, and that he summoned Il
several whites, as an armed sse, 70
suppress the mob; that he arrested the white /
man for forcible SEIZURE of blacks attempted;
that there was no politics in the case; there
were only about fifty white men in town 10 /
three hundred blacks. Rev. ]. Ii. Jordan,
also for defense corroborated the testi-
mouy OF AycOck, and said when ne /
saw the blacks rushing 10 seize the
white man he laid his hands on the /
Of the foremost negro and told him
10 walt the action OF the authorities; several
in the rear cried, 81" Knock the damn white L
man loOse;'' the negroes halted, however, and /
Here fhe evidence closed. The case was ar
gued by John Ray for the ecution and /
Judge Richardson and Captain Cabb for the
nod ar
guard, IN an old delapidated residence.
The trial Of Huey, Mayfeld and Phillips are
liked for tomorrow.
NEW IBERIA.
NEW IBERIA, October 27.-It is re.
ported that u. Fornet and Benjamin Bertrand /
we're arrested at 1T. Martins to-day by the /
United States deputy-marshRl. The prisoners /
were tried here yesterday, and are still in Gus
tody, all offers to sign oond 6eing refused;
piante IS IN ST. Martins parish, came here i
To-day TO sign their bond, and was refused 1
HOMER
HOMER, October p. Judge Trim
BILE has information that when Sheriff Aycock Il
reached Vienna, and served the writs issued /
by him, the sheriff and his deputy were treat
ed in a most contemptuous manner; that the
writ Of hubeIs cOrbtlS was dtsregarded, and
that shameful and abusive language was used /
by Lieutenant HodgsOn, in command. The /
prison ers--Scott, Ramsey, and kiehardson-i
were surrounded by the soldiers with guns /
cooked ana presented at the law officers, and /
the writs were defied by the military officer
Judge Trimble is indignant that the civil au-
thority was disregsrded, and will take steps
10 punish the offenders. Trimble Is Repub-
lican and a supporter OF the Kellogg admins
tration.
No additional arrests have been made in
this parish since Saturday. There are
several bodies OF troops in various parts of |
the parish. II. h. Maxey, a Republican, says /
are out for the arrest OF over two
hundred citizens. Not "A single threatened |
individual has lett or will leave, There is
difference Of opinion among the Republicans /
here as TO the effect of the arrests of Saturday,
some Of them repudiating the whole affair
Rumors OF arrests are frequent from neigh
boring parishes.