New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1877-01-11
JudEe shaw EBloined,

the Fifth District Court, and emsnate from
Horatio N. Ogden, styling himself Attor-
ney General, who has called to his aid the
powerful firm of Semmes & Mott, ancient
attorneys Of Warmoth and Wickliffe and
political suits generally.
To the honorable Judge Of the Fifth Dutriot
Court for the Parish Of Orleans:
The petition of the State of Louisiana
herein represented by its Attorney General
with respect represents: That at the last
session Of the General Assembly of the
State of Louisiana an act was passed, en-
titled ali act to repeal the act creating the
Superior District Court for the parish of
Orleans; to abolieh said Superior District
Court; to transfer the record of said Su-
perior District Court TO the Third District
Court for the parish of Orleans, and to re.
Rulate the jurisdiction of the district courts
for the parish of Orleans in proceeding for
the collection of taxes, which will more
fully appear by copy of said act hereto
annexed and made part hereof; that the
said act was presented to the Governor of
the State of Louisiana for his approval ae-
cording to law; that he retained the same
In his possession until after the adjourn
ment of the Legislature that passed the
same as he was by law authorized to do,
but he failed to return the same to the legal
constituted Legislature now in session on
the first day Of the session thereof or to
either House thereof whereby the said act
became the law of the State of Louisiana
and now operative and effective. That
persons. styling themselves the General
Assembly of the State of Louisiana, have
assumed unto themselves, contrary to law,
with power 70 erect, and with the aid of
William p. Kellogg, late Governor of the
State, have pretended to pass q law Great
ing Superior Civil Court, to have exten.
siva and aVaInRisJa Naturalization IN ha vi h
of Orleans, the corporations of the State,
etc and has pretended TO abolish the Sixth
District Court for the parish of Orleans,
and which pretended act has no force and
effect whatever. That the said William P.
Kellogg, the Governor of the State of Lou
isiana at that time, on or about the fifth or
sixth day of January, 1877, commissioned
Alfred Shaw as the judge of said Superior
Civil Court, and the said Shaw has taken
possession Of the courtroom of the late So
perlor District Court fer the parish of Or
leane, and with the assistance of clerk is
exercising the power and judicial iurisdic-
IL OF legally created court. That the
exercise of these powers of the said Shaw
is an injury to the State, and the same
should be prohibited and enjoined. Where
fore, petitioners pray that the said Alfred
Shaw be cited to answer hereto; that he be
epjoined from exercising the functions of q
Judge, especially as judge of the Superior
Civil Court for the parish Of OfleRne, and
that the said pretended act creating the
said Superior Civil Court for the parish of
Orleans be declared absolutely without eff
feet, and for general relief, etc.
81. N. OGDEN, Attorney General;
SEMMES g. MOTT, Attorneys.
Personally appeared before me, Fl. n.
Ogden, Attorney General, who deposes and
says that all of the allegations in the fore
going petition are true and correct.
H N. OGDEN,
Attorney General, State of Louisiana.
Sworn TO and subecribed before me this
tenth of January, 1877.
w. H. ROGERS, Judge.
Order-Let writ of injunction issue as
prayed for, and according to law.
New Orleans, January 10, 1877.
w. Fl. ROGERS, Judge.
A true copy:
January 10, 1877.
PAUL I. ABADIE, Deputy Clerk.
This was followed by an orler of ipjuno.
ton, as fOllowt:
State of Louisiara -Fifth District Court
for the Parish of Orlesns-State of Louis
ina VS.. Alfred Shaw-No. 1866.
To Alfred Shaw, New orltansi greeting;
You are hereby commanded, epjOined
and restrained in the name of the State of
Louisiana and of the Fifth District Court
4OE bub 1ATlsu VI JEl6duHg GA6FGlkllR
the functions of q Judge, and especially as
Judge of the Superior Civil Court for the
Parish of Orleans; and you are to remain
so enjOiDed and restrained until the further
orders of this honorable court. And what
you do in the premises, you make return
thereof, together with this writ, to our said
court, as the law directs.
Witness the Hon. w. II. Rogers, iadge
of our said court, this tenth day of
in tho wear Of nUr ,Ord ma thnua.
and eight hundred and seventy-seven, and
in the one hundred and first year of the in
dependence of the United States.
PAUL T. ABADIE, Deputy Clerk.
What Judge Shaw's course in this mat
ter will be remains to ba been; but it seems
to US rather high.handed stretch Of power
for one court Of doubtful Jurisdiction to at
tempt to squelch out another of at least
better ti,le by the writ of injunction. There
is such thing as an appellate court pro-
hibiting an inferior one from doing thus and
so, but that is quite different idea from
the brilliant one of Messrs. Ogden and
Semmes.
Judge Shaw has the commission of Gov
ernor Kellogg, title very much sought for
of late, and considered at least preferable
to that held by the judges of the Fourth and
Fifth District Courts, which courts are re-
lied upon to extinguish the Superior Civil
By the way, it may be interesting to know
how the minutes of the several bulldozed
courts now read with regard 10 the titles of
their incumbency,
Judicial acts when void or voidable, or
sought to be prevented have never been
held to email penal consequences on the
judge 80 unfortunate as to mistake his iuris.
dic.soa or duty. But all that is changed
now under the beautiful regime We are en-
Toying it is, perhaps, all right to add fine
and imprisonment by another judge.
Surprising the tables were turned or may
become SO. Is itsh order then for the real
Supreme Court. presided over by Judge
Ludeling. or tho Superior Civil Court
which st noon yesterday was still undiE'
puted in its powers, to imprison all those
gentlemen who now sport their little, briei
authority as supreme or district judges, IN
der tho Imagination that it will lastf How
would it do SO to 'learn them" that they
live in land of hbertyl OH nc, that
weuld not be expected from men of the
concilatory department and judicial mild
ness Of Judges Ludeling, King, Leonard
and Shaw. It will not be feared from them
Tor it would be without precedent except
the very silly one now imposed by dea
| - 70 unlitfoal faafion or