New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1877-06-09
COURT RECORD.


were excluded at the election on account
| of race, color or previous condition of
servitude; that the exclusion was correct
ed by the Returning Board, and relstOr
installed in Office; that he held it four
months; that by force and claim Of right
based on the said exclusion the defendant
and Francis I. Nichols elected plaintiff.
Demurrer to Jurisdiction.
Judge Billings reviews the pleadings in
extenso, and shows that according to
plaintiffs allegations he was not deprived
of election on the ground necessary to be
alleged under the statute, but by force, of
an Office after having held it four months.
The opinion thus concludes:
From this it appears that the cases in
which the Circuit Courts have jurisdiction
of such actions as this are limited to those
in which it shall appear that the sole
question touching the title to such Office
arises out of the denial of the right to
vote, to citizens who so offered to vote,
on account of race, color or previous con-
dition of servitude, and that the jurisdic-
ton of the Circuit Court is only given to
the extent of determining the rights of
the parties TO such Office by reason of the
denial of tie right guaranteed by the if
teenth article of amendment to the con-
stitution of the United States secured by
that act.
There is no doubt but that the scope of
this statute, under the limitations which
| it contains, extends from the first act re-
| CURED to be done in the matter of an cleo
ton down to and including the final and
effective canvass of the votes by the off.
GERS who are charged with the duty Of de-
termining and certifying the result, If,
In any of the stages of an election, in
registration in the receipt of votes, the
certificates of the votes by the local au-
! thorities or the final canvass of the votes
or the certificate of election by the Re-
turning Board, there had been such de-
NAL of the right to vote as the statute
contemplates on account of race, color or
previous condition of servitude, that mat
ter this court would have had, under the
act of Congress, jurisdiction to inquire
into and adjudicate upon, and it may de-
termine the rights of the parties to Office,
SO far as they depend upon the denial of
the right guaranteed by the fifteenth
article of the amendment to the constitu-
ton. But the jurisdiction of the court
begins and ends with the denial of the
right to vote.
If, therefore, there is preliminary ex-
clusion or an exclusion at the polls, and
that error is corrected by the proper State
authorities end there is no final and eff
fective exclusion of votes or discrimina-
ton, or if after an election has been held,
and the result reached and declared with
out discrimination or exclusion from any
cause, the person elected is deprived of
his Office, then the statute closes the door
way upon the jurisdiction of this court.
The defeat of q candidate at an election
or his deprivation of an election, must be
accomplished by the machinery of the
election in one of its stages and must be
, contained In the result. If the election
, terminates in the success of the candidate,
the essential ground Of jurisdiction on the
part of this court is wanting. The wrong
which the petition sets forth is that after
, being elected and installed he has not
been retained in the Office. The object Of
the statute was to secure an election free
from all possible exclusion on any of the
specified grounds. 1t secured this object by
: giving to this court jurisdiction to correct
through this form of action such exclu-
sion effected by the machinery or prac
tees attending the election. When, al
|, the petitioner alleges, all this has beer
: | accomplished, and the very result arrived
, at by the statute has been worked out anG
! declared, the statute gives no jurisdiction
| over U Cduo5 ulo4C1y " GuhDlO u party u
physically retain or regain an office Il
which he had title established by al
: election and from which he has subse
: quertly been elected. In this case thu
= question by virtue of which the cour
could take jurisdiction, and by the term
Of the statute it must be unmixed witt
any other question, is not presented. Ac
cording to the allegations of the petition
the election had been completed for fou
months when the custer took place, an,
!, his loss of Office is as independent of an,
denial of the right to vote as if he hat
y been elected by a government set up by
foreign invasion, claiming authority b,
the right of conquest Let the petition
be dismissed.
S. A. Endicottvs. E. Smith.-Judgmen
q for $1318.
v G. II. Weymouth vs. j. 7. Metzler.-
Verdict for S1363.
4 Good Intent Towboat Company vs.
4 steamship City of Observation-Disclosures
for $4,000.
i Conrad Stump vs. same.-Judgment 70
. $500.
A Haber VS.. same.-Judgment for S250C
United States VS.. Joseph Hampton G
n al,-The Calcasieu log case. Application
! Of intervenors to bond rejected till an in
; ventory is made. W. II. Haskell, Sc
n lected by intervenors, f. Couterie, by tn
= District Attorney, and Leonard Sewell, b
!. the court appointed appraisers.
|, F. F. Case, receiver, etc., vs.. Henri
/, Abraham.-Judgment against E. ]. Fol
! stall for $4,000.
United States District Court.
n United States VS.. Mannheim Berwin.-
d Perjury. One thousand dollars bail.
= G. H. Walker VS.. steamer IBERIA
d Judgment for libelant $685. so.
J. Superior Criminal Court.
6 Carrying concealed weapons-Peter Mo
CRfrey, $50; Jack Farrell and Jack Hans
gan, So; Joseph Claro, ten minutes.
George Washington, Theodore Page an
Laura Miles Lewis, rape, April 5, 1877
: on Irene Pose at Verret's canal; indicte
!. April "a; convicted without capital pun
Q ishment June 2, 1877.
d Bob Hayes, murder of George Wash
d inston; verdict of guilty.
n State VS.. II. G. Dibble.-Informati
o that defendant, as assistant Attorney Ger
i erAl, received, December 30, 1876, SIP,
Q 525 % public money collected for taxes
IS and has not turned over the same to tn
; STATE.
8 DEATH OF GUsrAvUs soNTAG.
Q On the fourth instant the court ad
It iourned in respect to the memory of Gus
3 tayus Sontag, Esq, late jury commits
e sioneL
It Third District Court.
Geo. w DuDra a On va Auditor Allel