The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-05-05
,ICE-FIVE CENTS.

CENTS.
The dissent then proceeds to revise tho
practice during the WAL. and asserts upon
the authority OF the record that after much
deliberation on the part of the government it
was determined not to enlarge the petty juris-
diction OF such courts, aud that the graver
violations Of law should be referred to .
military commission. which course was fol-
lowed.
Many instances are cited showing that the
decisions of the government, as emanating
from the department Of military justice, were
uniformly in harmony with this view Of the
jurisdiction of provost courts and it is asked
how, in the face of these facts, the as
sent Of the President can be pre- sumed
as authority for the acts Of the Com
mandipg General in New Orleans in
reference to these courts; but it is said fur
ther that the assent OF the Executive can only
be presumed in support Of such acts of a
subordinate officer, as legiimately fall within
the sphere of that officers duties and with the
exercise Of which is usually charged, and the
acts here sustained on this theory are wholly
inconsistent with the duty OF the officer in
command.
The former instances of the establishment
of such courts-cases OF New Mexico and Cal
ifornia to in the opinion of the
court as precedents, are adverted to, and it Is
said on the documentary authority that in NO
one instance was the authority here presumed
exercised without the direct order Of the Ex-
ecutive Department, and it is declared that
none of the decisions of this court show any
authority or semblance of authority for the
doctrines announced by the majority OF the
court in their opinions.
But it is further pressed in the dissent, that
even supposing that the provost court was
rightly invested with civil jurisdiction, there
is nothing in its action which justifies it in
Judgment in the case before the court. The
court had already given its judgment that the
suit of the Union Bunk should be dismissed
there its powers ended.
The action on the second trial was under
the dctation of the military superior, and 20
with bitter sarcasm upon the mockery OF
justice in the proceeding the Provost Judge
said to the counsel, mo law need be read to
him, that the commanding General had
ordered a new trial, and that the case would
be decided under orders" judgment thus
rendered wants all the elements of Judicial
determination, and is entitled TO no respect
in aoy tribunal where justice is justly admin
istered.
The Commanding General was man COM
petent to sit in judgment upon abstruse and
difficult questions, but he was not judge
there, only military chieftain, and his order
had nothing in it which characterizes 1t as an
arbitrary edict of despotic power. The 'po-
sition that the judgment was validated BY
the new Constitution of Louisiana is not re-
garded as meriting consideration.
That instrument requires for the validita-
ton of the Judgment that it must have been
rendered in accordance with the laws of the
@ NJ kb.t md thot0 Lon
of the State at the time authorized the estab
ment of provost court, or that such court
should rehear q case upon the mandate OF .
Commanding General of the United States,
is proposition which the dissent has barely
the patience to state, but mono to attempt
refutation of it,
Mr.. Justice Bradley did not sit in the hear
ing of the case and took no part in its de-
cision.
WASHINGTON. May 4.-Besides the cases
under the Enforcement acts from Louisiana
aud Kentucky, which had been argued. the
Supreme Court left over for decision for an
other term, Granger case from Minnesota
McIlrooth, receiver of the Southern Mime
sofa Railroad Company vs. Coleman; three
commercial cases; two from New York and
one from Tennessee, and two patent cases,
also from New York.
Senior Antonio Mantilla, who represented
the Spanish Republic here as Minister Pleni-
potentiary and Envoy Extraordinary, to-day
presented his credentials to the President as
representative Of the King of Spain. The
usual congratulatory addresses were made.
| United States vs.. Farragut ct al Appeal
from the Supreme Court OF the District Of
Columbia. This is the case Of the COM
mander and officers of the fleet engaged in
the capture of New Orleans to recover prize
money and salvage. Tho court sustalns the
decree entered below, based on the findings
of the arbitrators, that the capture was the
achievement of the fleet aud not the co-joint
operation of the army and navy, and the
value of all the captured vessels is to be COM
puted in the distribution ~ we'll as those
which were subsequently restored to the loyal
owners from whom they had been captured BY
the enemy as those which were condemned ~
prizes.
The item of military salvage computed at
ten per cent on the value of the restored
vessels is disallowed, and as to the rest the
decree is affirmed, the court holding that
they could not review the case on the facts,
an appeal from the decision of the arbitrators
there being no allegations of fraud or other
sufficient grounds for revision. MIR. Justice
Miller delivered the opinion.
MISCELLANEOUS.
i WASHINGTON May 4-The Jackson Demo
cratic Association met mere t0-nlgnt, ana
resolution was submitted recommending tn
nomination of A. G. Thurman, Of Ohio, TO
President, and r. F. Bayard, of Delaware, TO
Vice President. on platform recognizing d
the amendments to the Constitution, uniform
taxation and currency, and no discrimination
in favor of bondholders. The resolution W.
laid over until next meeting.
The employing printer. Of this city held ,
meeting tonight at the Republican Office. and
agreed to submit q proposition to the Typo
graphical Union to reduce the price of comPo
sition from sixty to fifty cents per thousand
ems for piece work, and twenty -four dollar
a week for ten hours per day, or twenty dol
lars for eight hours per day. The price nos
paid is twenty-four dollars week tor elgh
hours per day.
FOREIGN NEWS.