New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-08-28
THE DISTURBANCE AT BRAsHEAR
fsst sfoay Of raE LaDeRERs
INTERESTING CORRESPONDENCE

| sHAbn6Sl tNV kUnnkSFVNVCNS3
The Town Attorney Who Wanted
! "a Shoot the xabosess.
sUOGe rRAfA's REPAY ~ MIN
The correct stateneat Of The extent Of
| the trouble and the cause of it in the Re-
| PUBLICAN bas caused many gentlemen to
! visit the office, who, stating they were eye
J witnesses, confirmed tho sceouat Last pub
| lished. Some use would have been made
Of their statements, "a they are all xespon-
| sible parties, if . communication had not
| been received from James Harris, which in
simple, truthful style relates the whole
| story. Every person who has furnished
! the REPUBLICAN, With information has'given
data chat confirms his accounts and prove
tho fallscy of the dispatch first published.
With this i0tfoduction it 10 printsd bolos:
BRAsHCAR, August q. 1875.
l have read your last article on che
Brashear izzls, and thank you for the good
words you are 40 kind as to say for me and
the other labOring men who with me have
been published as strikers and rioters. IF
you will do us the favor to publish the few
facts Ne now give, and which you did not
appear to know. it will make our case
clearer and tend TO SHOW where tho blame
really lies.
In the first place. no strike was intended.
but our whole gang agreed together that
we would ask to be paid in money instead
of at ErmaDn's store We intesded asking
this of the agent, and while waiting for
him and talking about it rather nOisily, tho
man Jsret, WHO ia not an officer nor our
foreman. but the bnll driver at the cattle
pens, interrupted me ia IN INSULT
ing nannep. replied hastily and
rather roughly, 40 admit. Jaret
left, but returned soon with his son and
Foster, a. officer. He again assaiIed me
with violent language. On my replying
they at once began to fire Oh me and the
crowd Of men, calling on the town police
man to arrest US. was the only ooloFeo
The shots, . dozen or more; were alf tired
by Jsret and the other white men. OF
course l was arrested, and there was. con-
siderable fuss: but none of the white men
who tried to shoot us we're arrested, and
that is VIII our friends made the disturb
ance. They thought all should be.treated
alike. Then they were mad because Jaret
is q desperate man, who hes always abused
them.
They published me as notorious charsc-
ter. In reply only say was made police.
man through Mr. Macready, and served all
last year on the depot resigning because
could make more at work. We never had
disputes with our fofemen, who arc good
mon. And We cans DO so bad, because.
though Judge Train put nj ell under. bond,
shey have hot even had the bonds eigned
St. Claif gave one Of US IS 20 carry around
. paper and have il signsd, saying that he
was right TO send for arms.
All Of us have worked on che RAILROAD for
years. We all believed Mr.. Morgan mean.
we should be paid in money, and not swim
died by 'Ermann, and We only find fault
with that and With Jaret. the bull driver.
We belong to no association OI anything
else except our Republican club.
JAMES HARRIS.
JOHN }. WESTLEY.
PRICHLARD LEE.
JESSE BENNETT.
JOHN LAWRENCE.
There is another eide of this story, and
it Is = matter Of record. Feeling over this
disturbance. caused in the first place by
forcing the men to seceive dry goods and
groceries instead Of money, and next in
exsggerstine their conplsints to the pro-
portions Of q siot. must be very strong in
some quarters. Because q few friends Of
man who was shot At. thought the shooters
should be srrested as we'll as be, the propo-
sition il made to fire on them as rioters.
The town attorney was invoked, and in
stead of ans xering the ques tion with an
no, he reduces it to writing to OBJ
tain Judge Trains opinion. Both are re-
produced, and Judge Train is perfectly cor
rect in his views, but his last sentence coh-
tains all he need to have said;
To his honor Judge Henry Train:
As the highest judicial officer in this dis
trict, would like your opinion and the law |
on the following points submitted to me by |
Mr.. st. Clair, mayor Of the town OF Bra |
shear:
]. In case of q riot or illegal assemblage
of persons with guns and frearms or other |
deadly weapons, whether the mayor of Bra |
shear can swear in q number of special pO- |
lice, arm them, and proceed to the band of |
rioters, tell them to lay down their arms |
and Immediately disperse, and in case the |
The order of the mayor or his chief of pO-
ice, whether the squad, at the order of che I
mayor or chief of police, can forthwith fire
upon said rioters.
B. F. WINCHESTER, Town Attorney.
Brashear, August %, 1879
The following is Judge Train reply:
My humble opinion is that it seems there
g no warrant in law for such proceedings.
In the first place, have looked in vain to
ind . statute defining and Furnishing riots
n unlawful assemblies. That law, be- !
ieve, was in operation before the constitu.
len of 1868, and tho Supreme Court had
occasion but once to pass upon that Offense
n the case OF State We. Egan, 10 A., 698, but
ince the adoption of that constitution there
eems to be no trace of the same. Whether
he trainers of that organic law deemed
hat it's punishment would be an infringe
nent OF the right of the people to redress
heir wrongs, real or imaginary, it is not
or me to determine. Suffice to say that the
ingenuity Of offenders, or their counsel,
night put such 6re-spun construction upon
rticle five of that constitution.
"A statute must always be produced in
rider to be enforced by the court
Even q statute which is silent about
fixing penalty to the non observance of |
n act it commands, or q law it defines,
ave no constitutional power to entertain
nd enforce. Whys Because the law does
Ot authorize courts to legislate on criminal
r other proceedings. 1.-The hardship of a
case can not exempt it from a
Universal rule of law which takes no heed