The Caucasian. [volume] (Alexandria, La.) 1874-1875, 1874-04-18

| had less power over his own ap
pointee than he had over the secre
tary of state elected by the people
To understand the absurdity Of
this decision, / should remind the
Senate that after the governor did
put Bovee out and put Heron in.
Bovee commenced a suit against
Heron, charging that he had in.
truded into the Office. They fixed
that up, Governor Warmoth, if
recollect Alright, appointing a judge
to try the case; and that judge de-
cided in the court below that it was
legal for the governor to remove
the secretary Of state and appoint
Heron.
Bovee failed to take lis appeal
within the time fixed by law, and
when the case reached the supreme
court the appeal was dismissed for
this irregularity. So the judgment
OF the court below renamed in
force as between the parties. Now,
whom did this Judgment bind ?
Every lawyer knows that if it
bound anybody it bound Bovee and
Heron only, and. them only be-
cause they we're parties to the re
cord. An erroneous Judgment rem
dered by q court Of competent ju-
risdiction binds the parties to the
record and their privies, but it
binds nobody else. Now see the
beauty Of this remark Of the court,
that in consequence Of that erro-
neous decision Gas to the world
Heron was secretary of state"
They have just reversed the fact.
AS to all the world he was not Sec
retary Of State. AS to Bovee,
touching the question of salary,
for instance, Heron was secretary
of state. Why? Because that
Judgment, although erroneous,
bound Boyee, he being party to
the record, but it bound nobody
else. But they say that that erro-
neous Judgment as to all the world
made Heron the secretary of state,
who, as they had decided six
months before, never was secretary
of state at all and they held that
Heron, who had been put in by
this hocus pocus, was in so fast
that even Warmoth could not get
him out, and the only ground upon
which Warmoth could get him in
was that he had removed the man
the people had elected; and yet
he could not remove his own ap-
pointee.
If anybody wishes further to
pursue the decisions Of this court.
let him turn and read-for | lack
the patience to do 1.-THE case of
DoTee VS.. Heron, a Annual, 595;
ana il any lawyer will take these
eases, read the decisions made
when the judicial mind was I'M
clcnded by temptation, when DO
contest was pending, no necessity
existing for an erroneous decision,
holding expressly that Heron new
er was secretary Of state, aud could
do no act as secretary of state, and
then Turn to the decisions made six
months later by the same court,
and can entertain the slightest re-
spect for that court, either it's in
telligence OR it's integrity, l yield
the palm to him; I cannot.
But, Mr.. President, there is an
other very rich thing in this con-
nection. The Senator from Indiana
says that we arc. estopped we, the
Senate, pursuing an investigation
which the Constitution lays upon
Us, are estopped to inquire into the
facts because the courts Of Louisi-
ana have settled them. Now the
same supreme court of Louisiana
in two cases have held aud they
were driven to hold that to avoid
oyert1rnjng Kellogg's government
altogether that they had no author
ity in any case to go back of the
decisiono ftho returning board. I
hold in my hand pamphlet, which
was laid before our committee by
NJ. Mari, and which contains, OF is
said to contain, opinions of the su-
preme court in cases decided since
the reports laye been publisod. !
This pamphlet was, however, con-
ceaed TO be a truthful statement
Of these decisions.
This matter ought not to be
lightly passed by. | wish some one
was treating this subject row who
could do justice to this point. l
am not equal to it. But consider
this proposition. There was con-
test growing ont of this very elec-
ton the court below enormously |
I, ,1>I o1~