The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-04-29
THE COsIEMpT CASE.
The Mayer and Administrators Appear
Before Judge Whitaker.

The rule for contempt M sinst the City Admin
issrstors for their rersa TO pay The bills OF The
Criminal Sheriff, came up Saturday mornins be-
fore Judge Whitaker The Mayor and Admiuistfa.
tufa being pfest nt to respond.
Tbp tlitY Attorney sets UP az q defense denial
sf The Jurisdiction Of the COURT claiming that IL
vas not wi hin the province Of that tribunal 10
collect the ehstifTs bill by rule for contempt.
but the court oyeffuied the objection and took
MP the rule on the ISSUES presented.
@, H. Lusenberg, on behalf OF Sheriff Houston,
read the rule and stated that the proper authoritY
OF the State had certified 10 The bills
Of January, February aud March az correct.
He read authorities from the United States
Supreme Court, showing that the certificate
Of the Judge WAS conelusiye In The
ease. and no one ceull no behind or
inquire Into Il. He argued that ths certificate Of
she judge was Ii the nature uf Judgment, and
could not b. examined Into when anal number
of STATE oars authorities we're also read, going TO
show THAT ths approval of bills By the Judge has
all the saaetiy ef decree, while the City Council
took upon themselves the privilege Of supreme
Ooufs aud sought 10 revise aud rsvetse the deei-
aion nf The court.
Mr. Lussneefg then explained The Jurisdiction
eE the knpefiur Criminal COURT and its light to
enforce iee,e ea.
pishup. Oh Criminal Law, was cited TO show
that criminal courts have power through process
iur contempt ID secure obedience 10 their orders,
and other leading authorities In support OF the
doctrine were read 10 ths Judge.
He said the Administrators had assumed TO
themselves the right to out out items In
Che bill liz contempt Of the certificate Of the
court
MFR. Jonas. for the Council, Haid thai The au-
thoiilies read applied more 10 the question Of
niandsmns than TO contempt. II was alleged
shat certain bills OF the Criminal sheriff were
due. that they had been duly certified,
and thai The city had refused to pay them. lie
argued that this n,ods OF collecting debts through
rules for c5nempt wac unknown, aud would
eomrletely set aside the ordinary processes
used in the civil courts. s.-,...
lie sa,d that the superior Criminal Court had
the highest criminal jurisdiction, but emily that,
and no criminal court EVER attempted 10 enforce
civil jurisdiction. The court has right. he said,
10 forte the presence u witnesses aud or Jurors
to compel the presence of tbose who may be called
before It. but II could mob issue wfts Of man
datnus or collect civil debt.
fore civil court aud take ont writ OF man.
damus and have the city authorities ordered 10
audit The bill: but for criminal court TO attempt
10 effect the collection Of debt through rule for
contempt would be TO give IL a jurisdiction far
greater than was ever yet given 10 any criminal
tribunal
The act, he said. making the judges approval
OF q bill Equal TO Judgment, made HE execution
like that Of civil Judgment aud not chs
forceable through rules for eeptemp.. The
manner pointed Out BY law for enforcing
The payment Of debts from the city was
pointed out by this act, No courts had jufe-
diction TO maudamus the city, but IL was only BY
ordinary action, and no execution could issue
sgainst the corporation. lie read the etstute
sbewing that the signature OF the Judge wa
only prma faeie evidence of the correctness
vi the bill.
Judge Whitaker Interrupted him and asked
when the statute was passed, aud was inform ed
IN 1870. The Judge said thai he thought II wac
alnr upnn The court for the Legislature to pass
an act giving to judges signature only spr,n,a
.fdcse weight. when snch signature wac required
by Law. He was asked by law 10 certfya bill,
and then q Law is passed making his signature 81
only p'tn,a facte weight.
Mr.. Jonae sad he Court could only interpret
Che law as The Legislature made IL. He clesed
by aaying ta,re was nothing known in the law
such az collecting debte by rules for contempt,
and he wac satisfied the court would not on this |
occasion, do IL.
Gen. Sheldon followed, arguing the question |
Of The right Of the eourt 10 compel obedience OF
lie orders in this case.
he sad corporal oss had no sovereign power; |
The only power they had was that given by the |
Legislature, and they could not assume to them.
selves perrogativee not given TO them. Afs,r
long dIsser,a ion UPON the powere Of courts he
closed, aud the Judge TOOK tho c&se under advise
mont,
NHAT an HAT