New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-12-04

itself. The Confederate power can not CO.
exist in this Union side by side with Repub-
licanism One or the other must go to the
WALL This is the fact which is making the
new revolution. Before the close of the
great political contest of 1876 this fact will
be recognized by the North. and the North,
in sheer and necessary selfdefense, will ex-
pell this Confederate power from Congress,
and crush it as such out of existence in
each Southern State, or this Confederate
power will crush the nation. In this con-
t1ict the negro power ia now to play its
part, and a manly part at that. Is.
The Jurisdiction OF the Second judicial
District.
The case of the State vs. j. j. Daniel, de-
cided by the Supreme Court, Monday, No.
vember 80, limits the jurisdiction of the
district cour. of the Second Judicial Dis.
trict, and settles, unless changed on re-.
hearing, the condition of many causes, both
criminal and civil. Daniel was tried Jan.
uary Ia, 1875, for murder, and convicted
without capital punishment before Judge
Pardee, then sitting in the town of Carroll.
ton, as for the parish of Jefferson. A great
number of points were raised in a volumin-
Gus brief, but only the constitutonality of
the act OF annexation of Carrolton to New
Orleans and its effect we're considered by
the Supreme Court as affecting the caee
This point was raised by exception to q
juror, who resided in Carrollton, as not
being a resident Of the parish of jefferson
The constitution of 1868 provides that the
Legislature shall divide the State into judi.
cial districts to remain unchanged four
years. The Revised Statutes, act No. 90 of
the regular session of 1870, approved March
IA, section 1927, repeats the provisions of
act No. LIS of 1860, page l60, enacting that
the Second Judicial District shall be COM
posed of jefferson, st. Bernard and Plaque.
mines parishes. This was an amendment
to act No. 3ii of 1865, page 49l, when JEFF
ferson was made part of the third district.
Under the constitution of 1852 it formed a
part of the second, but that instrument
contained no prohibition of change. Ever
since 1855 it has been within the jurisdic-
ton of the Second District. By act No. Z.
of March l6, 1870, extra session, the city of
Jefferson was consolidated with New Or
leans, and the Boundaries of the parishes
of Orleans and Jefferson changed to con-
form to it's purpose. The limits of the dis
tricts were therefore settled within two
years after the adoption of the constitution,
by the Revised Statutes of March II, 1876, and
if the separation of portion from the whole
of the parish of Jefferson be such, were
| changed two days later, Notwithstanding
the prohibition of four years of article
| eightythree. No mention is made in the
| act of the question of jurisdiction. The
districts and parishes remained undis-
turbed till March %, 1874, when act No. II,
annexing Csrrellton to New Orleans, wae
approved. The second section provides
that the territory of the parish of Jefferson,
annexed by this act to the city of New Or
leans, shall be and remain and constitute a
part of the Second Judicial District of the
| State. The parish jury was directed to se-
lect a courthouse and parish seat, which
they appear to have done.
The enactment of this section has caused
great confusion of rights. For municipal
purposes citizen of Carrollton was citi-
zen of Orleans parish, but for judicial pur-
poses he was of Jefferson. This act was
considered by Judge Pardee, as stated in
the opinion of the Supreme Court, to be
| unconstitutional. The Attorney General,
in his brief, argued that this section was
| unconstitutional, as not being contained in
the title of the act, SO far as it changed the
territorial limits of Jefferson, but insisted
that the act did not tear to pieces that par
ish for merely municipal purposes. The de-
fense admits that a part of the act is unc0n-
stitutional, but insists that the part in
reference to the seat of justice is valid.
These conflicting opinions represent the
confusion of minds of the people Of Carroll
ton. If the act was unconstitutional, Car
rollton was not part of New Orleans, and
rights acquired under that municipality
were jeopardized. If it was all valid, it is
easy to see the conflict of jurisdiction that
might arise between the district courts
when citizen Of Carrollton had legal
controversy with the city Of New Orleans.
Suits have already been commenced, caused
entirely by different views. A citizen might
either be juryman in the First or Second
Districts, or both, or neither. The law must
be settled somehow OF other, but uncer-
tsinty was worse than any conclusion.
The Supreme Court, in the decision of
Mr.. Justice Howell, unanimously cut the
Gordian knot. It considers the act consti-
tutional in that the title contains all that ia
necessary to carry out Its purpose. All de-
tails are not required. This of itself would
leave the matter just where it was, and the
same rights in question. But the court
goes further, and says that the act changed
the limits of the parishes. Therefore no
citizen of Carrollton can serve on jury Of
the Second judicial District, nor can that
court determine any controversy where he
may be defendant. If this decision re-
mains undisturbed no more such questions
can arise. The only way the act can again
be questioned is on the residence of the
courts officers and the location Of the par
| ish seat of Jefferson.
|
Special Meeting Of the School Beard.
Aspecial meeting of the Board of School
Directors will be held this afternoon at
three o'clock. Business Of importance re-