The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-05-07
THE JUMEL.JOHNsON CASE.
Opinion OF Judge Houston Refusing the
Application for Transfer.
Where have the Vault Keys Gone.

~ The following s the opinion rendered by Judge
Houston, OF the Fourth District Court, in the case
of Auditor Jumel vs.. ex-Auditor johnson, wherein
the latter petitions to transfer the case to the
United states Circuit Court. The motion was
overruled, when Johnson's attorneys appealed to
the Supreme Court giving bond of $1,000.
As the case comes up in that court this week'
the points covered in the opinion are Of consider
able significance, and more so from The fact that
Johnson's attorneys will use their utmost en-
deavors to remove the case to the United States
courts. and then carry 1t as q test case to the
United States Supreme Court, hoping there to
FORCE a DECISION
as to the claims Of Packard to the executive Office
of the State. The opinion is as follows:
The State of Louisiana ex rel. The Attorney
General and Allen Jumel, State Auditor, files q
petition alleging that Allen Jumel is State Audi
tor; that his predecessor, George u. johnson,
has possession Of certain books papers, ETC., be-
longing to the Office OF Auditor, and praying that
q mandamus issue commanding the said johnson
to deliver to relator Jumel the said books, etc,
or show cause to the contrary April 30, 1877. On
the morning OF the trial the defendant presents
petition for the transfer Of the proceedings to the
United States Circuit Court. The application for
transfer alleges that johnson, who had formerly
held the Office by appointment, WAS
ELECTED LAST NOVEMBER
Auditor for the four ensuing years; that he is en-
titled to so hold the office, but that Francis T..
Nichols, Governor OF Louisians, and Allen Ju-
continue to deprive him Of it; that persons OF
color who desired to vote for him were deprived
OF that right on account OF their race and color.
The right to an ofice cannot be inquired into
or'tested under existing laws on an application
for writ OF mandamus III An. p. 1867. Ii the re-
lator Jumel is not
IN POSSESSION OF THE OFFICE HE CAN
not obtain it through these proceedings, what
ever his rights. The defendant, II deprived OF
possession, even Illegally, cannot be reinstated
through these proceedings, or by aid OF any re-
conventional demand or counter claim herein.
The right OF defendant to the cffice OF State
Auditor can be tested under the act of 18th Ocso-
Der, 1885, can act providing remedy against
usurpations, intrusion into or the unlawful hold
ing or exercising public Office or franchise in
this State" The writ Of mandamus ia summary
proceeding. Article 833, Code of Practice: sit
may be directed to simple individual, as to the
heirs
OR OTHER LEGAL REPRESENTATIVES,
of deceased public officer, or to such officer him.
| self il he be alive, or has resigned or been re-
moved to compel him to deliver to the Successor
longing to his Office"
Article s31: "This Oh der may be ISSUED 1T the
discretion of the Judge, even when the patty has
QUIET mShub ol IbHols IL bho cloHAOa1 VA
legal forms Ia likely to produce such dt lay that
the public good and the administration of justice
will sutfer from it,"
Certainly ''tbe public good and the sdminis-
tratlon OF justice" would suffer If an officer in
possession OF public office Of the State, and ex-
ercieing all the functions Of it, should be COM
PEELED, on taking out
WRIT OF MASDAMUs,
to recover from his predecessor q certain book or
the key of safe, to litigate in the same proceed
| ing the whole question OF right to Office.
This proceeding does not and cannot involve
the right to office, and ia not, therefore, subject
| to transfer.
| Application refused.
| In connection with this case it will be remem.
bered that even after the mandamus had been
| issued, compelling Johnson to turn over to the
Auditor ths books, records, keys, etc., Of the
Office, he ignored 1t altogether in consequence oi
which the doors Of the vauls were broken open
1t is question now in the minds Of some whether
Johnson had the keys to the vault, or whether
they were not. with couple Of trunks Of public
documents, on
THEIR WAY TO EUROPE,
and that question will most likely be solved b1
the investigating committee before it's labors are
| nIosed