The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-06-08
A WISE AND rAOETIOUS JUDICIAL
DECISION.

Though unquestionably logical and
legal, the decision OF Judge Billings In
the case of johnson We. Jumel he's
more the aspect of judicial facetious-
ness and bagatelle than OF grave and
serious adjudication of an important
legal Issue. But as the laughter which Its
perusal must provoke In all humorsome
readers is at the expense of a most scan
dalous plot and conspiracy. and the ex-
posture Of an absurd and impraoticabie
act Of Congress, we may indulge our
risibles ad lib;t,tm without violating the
prophecies or failing In the due respect
for the judicial presence. Judge Bill
lings is evidently master Of that pro-
cess In logic known as the reductio dd
dbs,ud,tm, which is regarded as the le-
ultimate humor Of the bench and bar,
and 1t may be long time In his judicial
career before he gives 50 good an ex-
ample OF this style Of wit and logic as
in the decision by which the late Audi
tor and purloiner Of the financial
archives of the State, has been thus far
foiled In his nefarious scheme.
johnson sues for the Office OF Auditor,
alleging that he was duly elected to the
same and was 30 returned, but has been
kept from taking possession, and In fact,
ousted from the same by certain violent
proceedings of Mr. L. Z. Nichols and
Mr.. Allen Jumel, who have assumed to
declare that Jumel is the rightful incum-
bent of said office, basing their action
thereon on the disfranchisement OF some
ten thousand or more voters on account
of color. Wherefore he invokes the act
of Congress Of March, 1870, which gives
the U. s. Court jurisdiction to prevent
any person from being defeated or de-
prived of his election to an Office by
reason of the denial to any citizen or
citizens, who shall offer to vote, of the
right to vote, on account Of race, color
or previous condition Of servitude.
Upon which Judge Billings. with inf
mite righteousness, remarks:
He has thus, SO far from having been de-
feated, succeeded in an election and, instead
of having been deprived Of an election has
secured an election; and, four months after
the election has been deprived, not of an cleo
ton, but of an Office TO which he had been
elected and authoritatively declared elected;
and he has been deprived of an Office, not by
the exclusion of votes for any reason, but by
force, which took the proportions of a revolu-
ton.
So, Mr.. johnson, on your own allega-
tions, you were elected and so declared
by the legal Returning Board. Had
they failed so to declare then you would
have come under the statute and Judge
Billings would have given you relief, as
against Anderson, Wells, Kenner and
Casanave, IL they had failed to declare
your election. But you have no COM
plant against them. 1t is only Mr.. T.
7. Nichols and Allen Jumel you COM
plain OF. But they were not returning
officers and had nothing to do with de-
feating your election. You were elected
in spite OF them, and being elected what
relief can you ask OF me, under an act
of Congress which limits my iurisdic-
tion to the simple inquiry whether YOU
were elected or deprived of your cleo
ton in the manner set forth in the
statute.
This statute does not give me auy
power to put you in the Office to which
you allege you were elected. You must
go somewhere else for process to effect
that result. I can only give you such
remedies as the laws provide. The
function Of installing and keeping you
in your Office is a political and not a
judicial one.
And so the very modest Mr.. johnson
is politely barred out Of court. with
that peculiarly bland smile Of Judge
Billings, and with the general "snig-
gering" Of the assembled bar and to the
unspeakable disgust OF the erudite
legal pundits, Hugh J. Campbell, John
Ray and II. @. Dibble.