The weekly democratic statesman. [volume] (Austin, Tex.) 1871-1883, 1875-06-17

not criminal. Should he -giTe-this bond il
: Is said there Is smother action for which he
! viii be held, reqniring another s., 00o, 600
bail Tweed hAst requested that he be
taken direct TO Ludlow jail, rhers 70 await
the issue
NEW ORLEANS, June 10-Gpvernnr Kel-
logg has written % the Chicago Tisass a
lengthy letter in response to an editorial
which appeared in that paper, in which the
debt of this State is set down &C $50, 597. :
S94. 95. He SAYS: s'The Times having
stated so prominently what the debt OF
Louisiana is not, will you now permit me
TO state what il really is2 In January, 1874
the bonded aud floating debt was Se4, $50,
407.90. II has been decreased by redemp-
: ton of past-dne bonds Ca, zoo,
0O0), by retirement Of outstanding warrants,
certificates of indebtedness and payment
) OF am cunts by fiscal Sgent 81, 926, 0l2; by
exchange of s., 259, $50 Of consolidated
bonds for s., 432, 800 Of old bonds, So, IL,
: 92O; by exchange of &427. AL. SO Of con-
solidated bonds for $579, 36S. SO of old war
rants and certificates of Indebtedness, 1884,
947.23; total reduction, So, 552, 727. 65, leav-
ing the actual debt of the State to-day
$21, 279, 6SO.2 5.n
NEW ORLEANS, June ia quarantine
of ten days has been proclaimed by Gov
ernor Kellogg against the ports of Havana
and Vera Cruz from the tenth of June,
but under the new regulations of the Board
of Health, the ten days IN the case of all
vessels bringing a clear bill of health will
begin to count from the time of their leav-
ing the infected port for New Orleans.
New ORLEANS, June 1.-THE grand jury
this morning presented four indictments
against State Auditor Chas. Clinton-two
for misdemeanor in Office, one for extortion
under color of Office, and one for embez-
cling $50, 600 of the State funds. Bail has
been fixed at $23, 500. The Auditor was
served with the capias, and paroled by the
sheriff until 3 o'clock P. N.
NEW ORLEANS, June 14.-Governor KEEL
logg has addressed formal request to the
Judge of the Superior Criminal Court to ex-
tend the present term or call an extra ses-
sion of the court for the purpose of bring
ing the charges against State Auditor Gin
ton to Immediate trial, and has also in
structed the Attorney General to prosecute
the case without delay.
miscellaneous.
GALVESTON, June 9.-The following is the
conclusion of Judge Morrills opinion in the
contempt case to-day:
''As no act. is criminal " hose intent is not
such, therefore, unless the intent in this
case was the obstruction of justice on the
part of the publishers, the laws of the
United States were not thereby violated.
The publishers have unrestricted liberty to
apply any epithets to the judge of the court
without being in contempt for so doing,
and no further or other proceedings con-
neeted herewith will be had in this court.n
On conclusion of the reading of the fore
going document, Judge Ballinger said:
81 conceive it to be my duty as
counsel in an important matter, in
volving both the rights of the citizens
and the liberty of the press, to say it was
my understanding on yesterday that your
honor would not determine whether the
editorial article in the Galveston Nelos came
within the Jurisdiction Of your honor for
the laws Of the United States OF a Contempt
of your court. Without 6rst hearing me
upon the legal Questions involved. Your
J opinion, just read, seems to assume that the
editorial article was an obstruction of JUS
tice within the meaning of the statute of
the United States defining contempts Of
its courts. | must regret that this should
be assumed in a case In which I am counsel
without hearing me. / think it my duty to
state that my convictions are the clearest
and strongest that it is an act over
which you have no Jurisdiction. Ar
ticles of impeachment were prepared
against Judge Peck, the United States
District Judge of Missouri, for publishing
a newspaper article as a contempt. The
statute of 1889, under which he acted, was
genera, authorizing the punishment of
contempt of the authority of the courts.
Judge Peck failed of conviction by one
vote on the thirty-irst of January, 1881.
On the second of March, 1881, the presept
statute of contempt was passed, and~as to
other than officers of the corrt IT applies
only to misbehavior in fhe presence OF the
court, or so near thereto as to obstruct the
administration of Justice. The same stat
ute inflicted tho Punishment by lndIct-
ment, which was deemed proper to pre-
vent wrongful efforts to influence juTies.
The field of constructive contempts
involved in newspaper articles is not within
the jurisdiction of this court. No one is
more sincerely DESTROYS than myself of up
holding the lawful authority of this court,
and that its rights and dignity should be
preserved, but this should be done only in
accordance with law, and make my re-
: spectful protest that the gravest error will
be committed If the court assumes the pow
er to hold for contempt publishers, edl-
tors or prOprietors to answer for newspaper
articles. ] have only said what feel to be
my duty, under the circumstances of the
case" Judge Morrill, said that he did not
consider anything before him proper for
further discussion or agitation of the pub
lie mind. He had merely sent polite and
courteous request to the publishers of the
} Nescs to know whether they intended to in
} terfere with Justice. When attachment
} would issue or the rights or liberty of any
one was sinterfered with, it would be
- IL Il
the laws of Congress on the subject.
BALTIMORE, June 9.-In the United
States District Court to-day Judge Giles, in
the cause. of Capt. Frank Moody, of the
Alex. McCullum,s on trial forinhuman treat
! ment to the crew, when the jury brought in
a verdict of guilty, sentenced Capt. Moody
to three months imprisonment in the city
J jail and fine of $500.
! Topeka, Kan, June 9.-Whlle United
States Deputy Marshal Ramsey and posse
!; were attempting to arrest two horse thieves
at Stockton yesterday, one of the thieves
! shot Ramsey in the abdomen, and he died
an hour afterwards. After being shot he
killed the man who shot him. The other
thief escaped.
LEE, Mass, June 9.lThe boiler expIo-
} sion yesterday damaged Smiths paper mill
! to the amount of $500. Two men killed
and fourteen injured.
CNc1NNATI, June Bly, recent decision
of the Supreme Court, funds belonging to
benevolent societies have been declared
subject to taxation.
ELMRA, n. 70 June 10.-The State
Press Association received forty members
of the Alabama Press tAssoclation, who
were welcomed to the city by Mayor Smith.
After visiting the public institutions a col
lation was served at Eldridge Park.
SAN FRAScIsco, June i0.-The City Of
Toxic, from Hong Kong, brings the follow
ing: An attack made May I upon she
American Methodist Episcopal Church in
Kinkiang was in consequence Of the super
stitious belief among the natives that their
children were maltreated by the missionary.
BALTnEoRE, June 1O.-The Democratic
State convention 10 nominate candidates
fnr lLorarrnr cnnnlnlrollar and Irannurnr