The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-03-16
THE COURTS.
superior District Court.

counsel, John Ray, Esq, an answer, o
which we make brief extracts:
"Defendant denies all the allegation
- the petitioner, except he admits hi
having received commission as Assist
ant Attorney General, under the &C
M 80, approved March 3, 1874
md md that the Governor had requested
him to represent the State, when thu
Attorney General, on account OF illness
or inability to discharge the duties 0
his office, could not appear for thu
State; denies specially, on the part 0
fhe Governor and himself, that any at
istor, that he ever claimed the right
and authority to have exclusive contro
II the business Of the Attorney Generals
Office AYERS that under the said Act
pNo. 35, he is specially authorized to at.
tend to all suits in the name
n the State for collection OF taxes
or licenses in tfierr,arish OF Orleans
snd that the authority OF the Attorney
Gsneral i'm such cases Is by this act
taken away, and that he las no author
itv to even act in such cases" Where.
icre he prays for judgment-..that the
Injunction be refused, and that your
Horor render decree recognizing him
~ Assistant Attorney General, with all
Tho Ot1VleS aJlu IyOWOlS OhhAhOA So chA1
answer and as prescribed by said act
No 49," -, ., n 4 ro,,ows
rsn were examined rs witnesses on the
narf of the relator, who was represented
korein by Judges Walker and Cotton.
Their testimony showed that Col. Field
no Attorney General, was daily at his
" IN and attending to his duties; that
A. times he had them to appear for him,
vhere he could not attend.
Indce Cotton opened the argument,
snd said: "Who is the best judge Of the
sickness of the Attorney General?" 1t
had been proven by most respectable
witnesses that he was at his Ofice daily,
and attending to the duties OF his Office.
He touched strongly upon the taking
awav Inv the Legislature Of powers con-
Jared upon the Attorney General by
The constitution, and giving them TO
somebody else. He was u constitutional
officer elected by the people, and a
representative Of the people. Suppose,
aid the Judge, the Governor would ap-
mint an assistant Judge to you in the
FIith District Court, when you were
iully able to attend to your duties, and
give him part OF your small salary,
Mr.. Ray followed and argued that the
State Legislature had the right to create
the Office Of Assistant Attorney General
and define the duties thereof; that
counsel had been engaged to assist the
Attorney General and about 800, 900
had been paid to retained attorneys
that the Legislature, In creating the
Office OF Assistant Attorney General,
we're actuated by desire OF economy
and TO prevent this outlay Of money to
attorneys to assist the Attorney Cen
Judge Walker followed and said that
the very argument used by the
rentleman was the best ev-
! ldence that il was dangerous
for the Legislature to go beyond the
limitations OF the constitution. By con-
sequence Of that, the Legislature would
be unlimited in their power, except
when prevented by the Federal author
ity. A constitutional officer ls part OF
the government; he represents s0ver-
eighty. 1t is not competent In q Legis-
lature, by any act OF evasion. to add or
subtract from or diminish the powers
which the Attorney General has by the
constitution; that cannot be done
BY the cunning deyice OF regu-
lsting his duties. This is in
excess of constitutional Limitation.
In the constitution the will OF the
people meant that the Attorney Gene,
11l should have all the power conferred
upon him for his office. Will it be pre-
tended that they can confer power upon
some officer not known to the constltu-
tion?"
1.-THE speaker here quoted Wharton,
showing that the constitution conferred
privileges upon one officer Of the gov
eminent that could not be conferred
ilDon another
This act, No. 80, is an act to divest the
Attorney General Of his power and
prerogatives as such. The very act
does show an interference, when it
makes the Assistant Attorney General
to do what the Attorney General had
always done; it recognizes what had
been and were his duties.
This Office, created by q partisan
legislature, may be assigned to some
Mnnot be re-delegated. A pretty as
sstant he is who sends in and manages
the most valuable portion OF the Attor-
ney Generals business, and receives
more pay than the Attorney General
himself! The dyy,tment,tn income
nient does not apply to this discussion,
which / have considered without REFER
ence to the Attorney Generals ability
Or sickness, etc.
On request of the Attorney General,
and consent of the opposite counsel,
each counsel had five days to file briefs.
United states Circuit Court.
Present, Hon. w. B. Woods, Judge.
Heirs Of Jacob Hoover VS.. York and
Hoover; ODER, intervenor.-It was
ordered that this cause be remanded to
the State court
First District Court.
Present, Hon. z. Abel, Judge.
Ellen Barrett and Mrs. Theodore
Ncou, arraigned on charge OF assault
and battery, plead not guilty. |
A nolle prosequi was entered in each |
the following cases:
state VS.. K. Kennedy, Harriet Mckin-
hey, Maria Williams. Ellen White, Hat
V Barnes, Eleonora Charles, on charges |
assault and battery, larceny, etc.
y. Cohen, L. p. Sullivan, Il. Goldstein,
James Wells, A. Smith and James Cum |
nlngham, charged with larceny, were |
Wed, and the verdict in each case was
iaguilty.
second District Court.
Present, Hon. A. l.. Tissot, Judge.
Succession of William s. Pike.-It was
wuered that the petitioner, Mrs. Mary
=. huguet, be recognized as widow in
0Imunity of the deceased, and, as
yen, entitled in her own right and in
w ownership Of one-half iOf all the
Immunity property left by him,