The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-02-06
inSuprene Court in five days, there to be
tried immediately by preference over all other

With such hot haste are the most importan
controversies that can arise for judicial deter
mination to be rushed through the courts.
As one or the other of the contending par
ties might be acting judge of the court, anc
therefore Reused, the act further provides
that the plaintiff in the rule may proceed
either before the court of the adjoining parish
or before the Superior District Court at New
Orleans, which means, if the Judge of thu
adjoining parish be all right, proceed before
him; but, If not, we provide you a secure
Orleans, created for that especial purpose
| Z. The registration and election lars defn,
and punish uarious criminal ofenses Act Al,
OF 1873, makes it crime to assume or pre-
tend to be an officer of the State, executive
Judicial or legislative, without authority oi
an election declared by Returning Board,
constituted by law" and makes this offence
punishable by fine and imprisonment, ''at the
discretion of the court" Various other laws
brand with criminality sundry acts of citizens,
never before considered as crimes, and pro.
vide heavy penalties.
! s. The "Superior Criminal Court for the
parish Of Orleans. "-(Act 124 of 1S74.) After
absorbing all civil judicial powers of a politi.
cal character. the Kellogg party next lays ita
hand on the Criminal Courts
| The criminal jurisdiction in the parish OF
Orleans was vested in the First District
Court" presided over by Judge Edmond
Abel, one of the most prominent of our resi-
dent Union men during the war, q man of in
corruptible integrity, elected, without dispute,
| for two successive terms.
The act now referred to reduced his juris-
diction to that of petty magistrate and
created this new court. with q judge, OF
course, to be appointed by the Governor
/ 50 49,
| ton, vested it with exclusive jurisdiction OF
"all violations Of the election and registration
laws Of the State and offenses hereunder
of all offenses against officers Of State and mu-
| nicipal officers as such ; Of offenses under
laws prohibiting unlawful assemblages," of
| offenses consisting in hindering or delaying
public officers in the discharge of their du-
ties, etc, comprising everything remotely
affecting the political power Of the State.
Having thus given the Governor the selec-
ton Of the judge in such cases, 1t only re-
NAMED to give him control OF the juries. SO,
abolishing former laws on that subject, the
act provides for the appointment of two Jury
commissioners, to be appointed by the Gov
ernor, "who shall hold their offices and be
removable at the pleasure Of the Governor"
and these commissioners are vested with the
full control Of drawing juries in both tho
criminal courts.
8. The act declaring the effect Of pardons By
the Governor. (Act No. IS, 1878. This ex-
traordinary act declares that the Governors
pardon. confirmed by the Senate, shall have
The effect Of restoring to the person 80 par
doned all civil and political rights; and pro-
vides that all officers and other persons shall
recognize such Iersons' civil and political
rights; and makes it crime. punishable with
fine aud imprisonment, for any person to
deny them, besides giving the party an action
for damages. Quere: what is the purpose of
such legislation We know not, certainly; but
we suggest that it furnishes the Governor
with powerful influence to secure the sup
port of the criminal classes and places in
bis hands shield with which he can protect
his political friends in difficulties.
Nor can we avoid calling attention to the
extraordinary number of pardons which have
been actually issued by the Governor.
But the most extraordinary exercise of the
pardoning power by the Governor has been
his pardons of personal or political friends,
imprisoned for cont empts of court, thus
enabling that favored class to defy the author
ity of judicial tribunals with perfect impu-
nifty. A conspicuous instance was his pardon
Of Deputy United States Marshal Seelye,
during the recent canvass, who was imprisoned
for contempt by the upright Republican Judge
Trimble.
10. The Ian Enforcing the Collection of Taxes,
(act Al of lS73)--As the rate of taxation was
beyond tine ability Of the people to pay, and
IS the chief end of such a government is to
collect money, it was necessary to impose ex-
traordinary penalties on delinquent tax
political enemies, and, therefore, entitled to
no mercy. Hence, this act provides that on
failure to pay taxes after thirty days from the
time when they become due, ''such delin-
quent taxpayer shall forfeit his right to bring
suit, or be witness for OF in his own behalf,
and every court having jurisdiction within
the State shall deny and refuse to issue q
civil process of any kind or nature for his own
benefit, until he shall procure q certificate
that all his delinquent taxes and costs there
on have been paid" As might have been ex-
pected, this clause was declared unconstitu
tional by the courts; but it is sufficient
that it was passed by the Legislature, and
we regret to add, signed by Gov. Kellogg.
10. The act authorizing The muster Of the me-
tropolitan police as part Of the militia Of the
STATE (act 81, 1873. THE metropolitan po-
lice is the police OF the city of New Orleans,
paid exclusively by said city and employed
for the purpose of policing the metropolis.
But having, by the foregoing legislation,
deprived the conservative people of the
State of all possible redress IN the courts
or at phe polls, it was necessary to guard
against possible forcible resistance; and
hence this act was passed establishing vir-
tual standing army; placing the police of the
city Of New Orleans under the supreme COM
mand Of the Governor. authorizing him to in
crease the force to three full regiments or
three Thousand men; and to order them on
military duty in any part of the State. In
Ibis connection. we would also call attention
10 the clause in the General Appropriation
Dill, Act No. SO of 1874, wherein the appropri- |
atom for the maintenance Of the militia is
unlimited, merely declaring that "the neces-
,ary amount is hereby appropriated
T. Under artic. 81 Of the Constitution of
he State, which provides that Each house
# the General Assembly shall judge of the
qualifications, elections and returns of its
MEMBERS" there remains one hope of peace
bile escape from the network of tyranny SO
~