New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-09-04
THE Law IN THE CASE"

Under the above heading the PicoWtHe
proceeds to review Judge Trains reply to
the mayor of Brashear, which reply is
called IAN idiotic efusion' by way of ar
gument, and then thoroughly demolished,
to the satisfaction of the Picayane, by as
sertions and false reasonings. Since the
mayor of Brashear applied to the Gov
ernor for arms it has been ascertained
there was no riot in Brashear, no unlaw-
full assembling Of the people. That, how
ever, has little to do with the question,
for the mayor supposes q case, and
through the town attorney, applies to the
district judge for g legal opinion. The
question submitted by the mayor is this:
]. In case of a riot or illegal assemblage
of persons with guns and firearms or sther
deadly weapons. whether the mayor of Bra
shear can swear in number of special po-
lice, arm them, and proceed to the band of
| rioters, tell them to lay down their arms
and Immediately dispense, and in case the
band or assemblage aforesaid do not obey
the order of the mayor or his chief of po-
lice, whether the squad, at the order of the
mayor or chief of police, can to,thwith fire
upon said rioters.
The gist Of the question is, can the
mayor Of Brashear arm a body of men
called police, and by his order lawfully
cause them to shoot down other men sup
posed to be disorderly or riotous? A plain
English answer would be- he can not
Judge Trains answer is more elaborate;
but in his first sentence he disposes of
the question by saying, "My humble
opinion is that it seems there is 20 war
rant in law for such proceedings" The
impression the Picaylne tries to create is
that Judge Train has said there is no
power resting with the mayor to punish
turbulent people. Nothing can be further
in meaning from the judges language,
and the act approved April q,
1871, incorporating the town of
Brashear, would not sustain him in such
an opinion. That act provides for the
appointment Of police, and authorizes the
town council to raise money by tax for
their maintenance. 1t provides that the
mayor shall be ex-ofieio justice of the
peace; and it provides that the town coun-
Gil shall pass any bylaws and ordinances,
for the good government of the town, not
inconsistent with the laws- Of the State
and United States, and empowers them to
impose such fines and penalties for
breach Of their bylaws and their ordi-
nances as they may think proper, not to
exceed the sum Of one hundred dollars
for single offense. The right Of the
| mayor to shoot men at his will and plea
sure is nowhere mentioned, and it was too
much to ask the judge to put his reputa-
ton as lawyer into an affirmative an
swer of the mayors question. The Plea
y,tne further says of Judge Trains answer:
As we view the matter, his error lies in
| the assertion that there is no general stat
| ute defining riots or unlawful assemblages
and prescribing the remedy therefor. There
| is such law, and it happens to be couched
ia the most explicit and unmistakable
ira session OF 1871. antecedent to and,
| therefore, providing for the act Incorporate
| ing Brashear.
| Within his argument the Judge said ga
statute must always be produced in order
to be enforced by the court" As he is
being tried for ignorance at the bar of the
| Picavtne, it would be the fair thing for
| the Picayane Daniel to produce the law or
refer to it by chapter and section, that all
may read. "There is such law" saws
the Picay.ne, ''couched in the most ex.
plicit and unmistakable terms" We have
been unable to find such law couched
| in any terms, and what is more, there
was no extra session of the Legislature in
1871, and consequently no special act of
such nature not yet in the code, could
have been passed by such body at such a
time, for the particular benefit of Brashear
| For the sake Of argument we are willing
to admit that Special Officer Joret, in
the employ Of Morgan's agent. did create
an unlawful assembly when he drove the
five laborers from the wharf; but it does
not follow that the mayor had a right to
shoot the men down. The town attorney
was in doubt about the law, and the dis
trict Judge says it does not exist. The
Picayune says there Is such law, but the
mayor will hardly assume the shooting
prerogative upon such evidence. Give
country mayors the right to kill, and
there would be no need for district judges
| or criminal courts. Fortunately, the wise
trainers Of criminal law hold life dearer.
Mem must be charged with the highest
crimes, arrested, tried and sentenced BY
.competent courts before they can b. de-
i prived, Of HE. Because the mayor has no
right TO arm his men and shoot down citi-