New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-03-08

Judge Hawkins has had several applica-
tons, in an informal manner, regarding the
enforcement of what ia known as act No.
81, but has turned deaf ear to them all.
While expressing no opinion on the merits
or constitutionality of the law, he has as
yet seen no reason to resort to any extraor-
dinary legal process to carry out its pro-
visions. If any rights, not previously in
existence, are established by it, they can be
well enough shown On the trial of the rule
nisi in the case of Stafford VS.. the city.
The court evidently considered a salt by
the party interfered with the proper
means to test its validity, and there.
suit by the city signally failed. The petit
tion goes through the forms of alleging
damage aud Infringement of vested rights,
but on its face it is exceedingly weak.
Whatever support law and argument can
afford act No. 81 may be properly brought
forward at the hearing of the rule nisl, and
if the law has any substantial foundation
in correct principle it can be maintained as
we'll in this proceeding as on the trial of an
original suit for that purpose.
Meantime tho free market men are unre-
strained in their business, and the passage
of the bill over the well considered veto of
the Governor fails to work the harm in
tended. Should the rule be maintained
and the injunction perpetuated no regrets
will be heard except from the advocates of
monopoly, and those who by trusting to
unstable advisers in and about the City
Hall, have parted with their shekels in re-
sponse to assessments to secure the pass
age of the bill
Patient waiting and watching on the ac-
tions of the grand jury have met with little
reward for several days, no report of any
kind, not even against the police board,
which the Times and Picayune gave cur
rency to so eagerly, being made.
Motions that Justice Gernon forward
papers in two different cases have been
granted by Judge Abel The fact that
such motions have been necessary shows
that something wrong exists in that court.
OF course the grand jury can not find in
| dictments if afidavits are pigeonholed in
VIC pOAioC COuAU. A1ut Al thCy h0SO AOtulAS
to do they can investigate that matter.
Jud 90 Abel some time since rescinded an
order of his that Justice Gernon should for
ward all papers and submit all his records,
and the grand jury, therefore, need net ex-
pect to ges any insight into things
in that way. But If the mountain will not
come 70 Mahommed, he, the grand jnry,
must individually and collectively 90 to the
mountain. In other words let the members
60 up to Davidson's court to the upper
story and find out why papers have such
an attraction for that place. If in ten
minutes they do not discover reasons
enough IN the confusion of papers, blank
state Of the records, utter Indifference and
responsibility of the subordinate clerks
and officers, irregular and unlawful compli-
cations of arraignment, bond. continuance,
trial and sentences malpractice of attor-
neys and collusion of officers, their vision
in broad daylight is as limited as that of
sixteen owlss
In the matter Of securing speedy trial
to all offenders, and lesseuing the delay in
getting them from the police courts to the
First District Court, District Attorney Nc
Phelin has done all that he could, but the
effect has hardly been perceptible. No dis
trict attorney of the State has so much labor
to perform, and few of them can show such
evidence of faithful labor.
In this connection it seems rather hard
that the Legislature should have singled
him out from all others for a reduction of
his fees. If the matter had been properly
presented TO that body. it seems hardly
possible they would have made go unjust a
discrimination. No doubt the Governor will
give the subject careful consideration be-
fore he signs the bill; for it is hardly in the
interest of reform to force competent and
conscientious attorney to devote his entire
time to trying cases at 81 50 piece.