The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-05-18
MONCuWE w. DvDuCLET.

apce with the law. Ia In keeping with
the reputation Of the court The fact Is.
aud the pleadings admit. that Moncure
was elected Treasurer Of the state by q
majority Of as7G votes. The Returning
board. however. fraudulently threw out
portions OF the election returns and
declared Dubuolet elected. Moneure
brought suit in the Superior District
Court TO obtain the office. that
partisan tribunal decided against
him. aud he appealed to the
Supreme Court which has sus
tanned the partisan decision Of tho lowel
court. Tho merits Of the ease were
never touched by either court, both de
Gliding that the action Of the Returning
Board wac final. aud its determinations
not subject TO review This extraorJi
nary deceion was rendered hy Justice
Taliafeiro. and Conourred in by Chici
Juaiioe Labelling and Justice Howell.
Justice Ialiafetro Is a Very bitter. ma
! lignant and narrow minded old mnu.
who seems 10 think that 10 IL public
inuuisitor. aud that il Ia his duty to rcr
accuio all the people oF the State outside
Of the Radical party Justice Howell
went into tho Radical lnriy as sort If
speculation le Il man If mean
abilities. and. W. believe. before lao went
upon the bench. was regarded "a hardly
an average rntiifoggcr Chief Justice
| Iudeing's character II well known a.
the country q man Of considerable
capacity. hr is AT tile same time ono Of
the most au,laruuslY corrupt men in
| tho State He ha4 TIL Respect fvr his
| high oiIico and u=cs II simply as means
/ to promote the corrupt Rthcmea a. him
self aud HE panty
That such tito should have randcfrd
a decision IN an important case iuyplv
ing tho public interest. contrary to tho
constitution aud tile principles nj law
laid down ht themselves In "A former do
cision. II not singular II was necessary
to their PARTY that Dubuclet should hold
the office Of Treasurer. though hc vaa
defeated Al tho election. aud thty did not
maintain him there. " does seem won.
dertul. however, that such set Of men
should constitute the highest tribunal
of law in q free and enlightened State
The spandalous character Of this deci-
sion is very clearly shown in the able
and exhaustive dissenting opinion
Of Justice WHY, which We
printed in full yesterday even
ing Justice WHY shows very clear
ly that the decision OF the court. that
tho action Of the Returning Board Ia not
subject to review. Ia uneound, Tor tho
az, creating tho board itself declares
that its promulgations. etc. shall bc
prima facir evidence in all courts Of
justice aud before all civil officers until
SRI Asidc after u contest according to
law OF the right Of am person named
therein IT, hold and exercise tho Office
to which he shall by such return be de-
clared elected. The opinion Of Justice
WHY. however. IL so clear. brief and
concise, that 1t IL needless for us TO re.
oapitulate its points. Our readers can
peruse the paper itself. and every ciii. |
zen Of Louisiana should do 40.
The legal propositions OF this dissent.
ing opinion are in themselves sufficient |
to utterly oycrwhelm the decision Of the
court. Hut the opinion derives add |
tioual force from the fact that II Il the |
opinion of that member Of the court |
who has shown for long time past a
sincere desire to interpret the law hon.
estly. and to protect the interests and
liberties OF the people. Justice Morgan.
who concurred in the dissenting opinion.
Il also man of far higher character
han either Of the three judges who con.
'ttuted the majority of the court IN this
Instance.
When we contemplate this decision
# the court. which boldly overlides It's
'revious decision in the case ol tho
crescent City Gaslight Company vs..
Scw Orleans Gaslight Company. the
xprcss0d provisions Of the corstitu-
ion, the uneuuiyocal language Of the
tatute aui best established priuci. ,
lies ot Jurisprudence. accustomed. ,
$ We are To tho corruption. law
essness and audacity Of Radi-
al officials in this State. from consta- ,
les to Governor, we are astounded and
harmed. SO long as the judiciary re- ,
lains pure and fearless, the people 5
ave a refuge from the cxactions Of ,
crrupt and tyrannical government So G
ing rs the Judiciary remains pure and /
rm, the turbulent and violent elements [
the community may be restrained {
nd society preserved with tolerable i
rider But when corruption, pervading q
very department. of tho State. finally y
lyades also the sacred tribunals of JUS +
&C, aud the ermine becomes but the r
oak Of an authorized huckster of law n
. the hireling of parties, factions and 4
ngs. every public and private interest y
threatened. and il becomes the duty
all good men to combine in a com &
on effort to overthrow the rotton and a
sgraceful regime. \