New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-07-30

! Of Clsims, recover the prcceeds when it has
been captured and sold under tho captured
! and abandoned property act:
2. The moral turpitude of the Transaction
forbids that in court of Law he should be
permitted to establish his title by proof Of
such transaction.
3. The acts of tho Ststes in rebellion in
the ordinary course of administration of
law must be upheld in the interest Of civil
society, to which such = goveFnpent was .
necessity.
4. But the government Of the Confedetacy
had no existence except ss an organ.
lied treason. Its purpose, while IL lasted,
was to overthrow the lawful government,
and it's statutes, its DEGREES, its authority,
can give no validity to any act in its ser
vice OF in aid Of it's purpose. Affirmed.
1upevisv Criminal Geuvs.
State of Louisiana * rel. Alfred Shelby
We. Isaac W. Callam et als.-Habeas corpus.
Judge Braugha sitting for the purpose of
hearing this application, only sad there
were two points in the case, one the Ques-
ton whether Isaac w. CalIam was author
lied to make the arrest, and this involved
&he legality of the appointment and the
validity of tho warrant, and the other
collateral one, whether these two points
aside The court was not required to hold
the relator. On the first point the court
said 1t was satisfied of the entire illegality
Of the proceedings by which one sheriff Of
Grant parish had been aeposed and another
appointed. The appointment Of Callam
while IN New Orleans by the Governor was
an absolute nullity. Section 1892, Revised
Statutes. . reprint Of section 1852 Of the
vacancy in the office Of sheriff shall be
filed: first by che coroner, then, il that
officer 10 ineligible, by a constable.
IL appears the relatOr was tho coroner,
and there was no constable. The court
must presume the proper offioefs existed; if
they did not, the court might appoint any
citizen to execute any specified writ, and
the appointment would end when the re-
turn. was made. The appointment of the
Governor has no authority; the law is
ignored, and it is of NO validity. On the
second point, concsding the sheriff was
other wise properly authorized, the warrant
is informal II is signed by II. G. Register.
clerk, and sealed with the seal of the parish
court. There is no evidence or affirmation
that this was the seal of the district court.
It is the same as no seal at all. It the war
be needed, but there must DO one whom
signed only by che clerk.
The points of the petition being estab- \
lished, the writ is granted 90 far as to re-
lease the relatOr from the custody Of Isaac
w. Callam. But by Revised Statutes 2O67
1t Is provided that persons committing an
0Hense in one parish and fleeing to another
shall be arrested and committed to await |
transferal to the first parish. Tho only
question is, is the court satisfied there has |
been An indictment and the party is before |
itf The evidence 10 sufficient to satisfy tho |
court that there is an indictment in Grant |
parish, and that the relat0r is the party in |
dicted, and this is sufficient to cause the |
court to remand the relatOr. The court will |
hold him till the proper authority comes |
from that parish.
The relator's counsel asked that he be |
forwarded as soon as possible to Grant |
parish, as he was anxious for Q speedy |
trial.
Colonel Field-I have written to Judge |
Orsborne, asking him to hold special term |
Of his court to try this case, and have |
been informed it will BE- held.
Judge Braughn-The court will see that |
the relatOr is delivered to the proper officer,
and to NO one else.
First District Csurt.
State ex rel. Cecile Graves vs.. Mrs.
Charles Aslett .-Habeas corpus. The re-
latOr's child. Cecile Graves, seven years
Did, had been intrusted to defendant and
The mother desired to reclaim her. TIE re-
stiohship being proved Judge Abel or
Tered the writ maintained, but the child
showed such repugnance to her mother and
'uch attachment to her guardian, who
'hOwed excellent care of her, that the Judge
'eversed his decision and refused the writ.
State VS.. +. CamarQe-UalaWfu ODon- |