New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1877-02-28
WHOLE NUMBER 1929.
veto, and signed by the same Governor, and
nnntea the admittad "a nta na foIln,ua.


quotes the admitted facts as follows:
Act No. 287, abolishing the Superior Dis
trict Court, was passed by the General As
aembly during the session of 1876. The
General Assembly adjourned before the
constitutional limit of five days expired
within which the Governor should return
the bill after it's presentation to him. The
Governor returned the bill "to the house in
which it originated" on the first day of the
meeting of the General Assembly thereaf-
ter. as the constitution requires, and re-
turned it with his objections" Now, if
this made the veto of that bill valid
and effective, as counsel for relator
argue, and as sit it certainly did. why Is not
act No. of 1877 passed Immediately after
the receipt of the vetoed bill by the same
body receiving the latter, and approved by
the same Governor, equally as valid and
ehechvel We fail utterly to discover the
reasoning or cause that can lead to a diff
ference between the two acts in point of
validity. To our minds the reasoning of
relator's counsel necessarily tends to the
validity OF act No. l of 1877, which
act abolishes the Superior District Court
and creates in it's stead the Superior Civil
Court. But it is oODtended again BY some
that act No. 2S7 of 1876 became law by
the lapse of the constitutional limit without
its being vetoed, claiming that the veto
was not valid because the bill was not re-
turned to the Houee sitting at ST. Patrick's
Hall. This position we deem scarcely suf-
hciently tenable to be assumed.
We will answer it in but very few words
1t is not denied that the Assembly con
vened at the State House on the first of
January, A. d. 1877, was composed of those
who were returned as elected by and had
certificates of election from the State Re
turning Board, and that they were cen
vened at the usual and proper place for the
General Assembly, to wit, the State House,
he anin laN; loo haIl 1E
two facts alone constituted them the prim0
facie and de fdcto Legislature of the State.
This body met and duly notified the Gov
ernor, who, by reason of their said eertif-
Gates of election, recognized them and sent
to them his message, together with the sew
eral vetoed bills, to their respective
houses. "But." it is replied These
men were not elected; the Returning
Board was fraud and their certificates
false y Concede it, who is to say so
Could the Governor er propriG motN declare
| so and refuse to recognize themi Has it
not been decided in the case of Bonner VS..
Lynch, and in several Othere that the Su-
preme Court of the State Of Louisiana can
not go behind these certifcatesl Has it
not been decided by a national commission
| composed IN part Of five of the Supreme
| judges of the United States, that neither
| they, "high joint" as they were, nor even
| Congress can question these certificates
| Auu mas uOU Gnlb ueOlSlOu nuSneQ Inc nuE-
terings OF war and made Presidents
If, then, this High Joint Commission,
nor Congress, nor the Supreme Court of
| Louisian q, can dare question these royal
charts of Cthce, or go behind them, what
could the Governor do but bow before
them But, suppose he did refuse to
recognize the holders of these certificates,
whom else could he recognized And what
guide had he at that time to their recog-
nitlonF There is penal law upon our
Statute books which prohibits him from
| recognizing as elected any ore no {
duly returned by the State Return
ing Board that act is No. Al Of
the acts of 1873: "If any person shall as
sumo or pretend to be an officer of the
State--eXecutive, judicial or legislative -
without authority of an election declared
by the Returning Board constituted by law,
or without authority OF a commission from
the Governor of the State, IN case the laws
require euCh officer to be commissioned
such person so illegally assuming or pre-
tending to be a public officer shall be
deemed usurper. That if any public offi-
Ger, whether State, parish or municipal, shall
give adhesion to, or in any manner recognize
the authority of any person who may be
usuTpinG public Office within cOntempla-
tion of this law, such public officer so Civ
ing adhesion to or recognizing such usurper
shall be deemed to have forfeited and aban-
dOned such public office held by him under
the constitution, the laws and the govern
ment of this State" Hence we say the
position is untenable; aye, it is folly to say
that the Governor should have ignored tho
Assembly convened at the State House
and have recognized and returned the bill
to the one at st. Patricks Hall; even CON
ceding the latter to have been elected by
the voice of the people, they were not
elected by the voice of the Re-
turning Board, which evidently has
the controlling voice, the "casting
vote" in this matter. If, then, the Assem-
bly, convened at the State House on the first
OF January, 1877, was the dply returned.
convened and officially recognized Legisla-
ture of the State, and it was undoubtedly
so recognized by the coordinate branches
OF the government, then was it the de fdcto,
II not the de jure Legislature, and the only
one to whom the vetoed bill could have
been returned. If it was a sufficiently legal
body for the validity of the vetoed bill, i
was certainly so also for the validity OF
act No. |, creating the Superior Civil Court.
The brief concludes by ag iin urging that
these points should not have been raised
for the further reason that the relator does
not question in his petition either the val
idity of the veto or act No. J..
Judge Billings, on Monday, sentenced
Ben White to three years in the Mounds.
Vile Penitentiary for illegally voting
on the papers of Joseph Bill Ben was
a Democratic repeater, white in color, as
well as in name, though his morals were
black enough. He has been twice san,
fenced in the State courts, and, saved by
mitigation of sentence from the Baton
Rouge Penitentiary, served his time in tine
Parish Prison. He probably feels much
more aggrieved at being called "coloredH
and "a negro" IN the Democratic papers
than conscious of having committed any
offense. Indeed, he pleaded guilty to that
Evidently his efforts in the way of reform
were not appreciated. His enforced alb
sence for three years, and for longer pc
riOd if he fails to pay the costs, will be q
relief to his family and New Orleans.
Trouble ia Iberia.
I