The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-06-02

Judgments. T. That no appeal IS given. 8
against tho act are convicted summarily. and
therefore the proceeding IN the case were diff
ferent from tho course Of she common law
If tho act No. Of l874 be cOnh titu'ionn, in re-
fusinG to enforce It's PROVISIONS Recorder
Miltenberger did pG!pable inIustiGo in the mat
ter; but # the act be unconstItuti9nal lts Er9-
visions should not be enforced, and tho record
or has done no wrong.
Tho question Of the constitution ally of get
No. . OF 1874 has been ut Issue before the dis
trIct courts Of this parish since May. 1874. Dur,
ing that time Judge Cullom in the caRo Of
State OK rel, a; Sehulze;,"' Judge At"Gha In
Of State rel. J. 7. y Lef"vr". ct ais and
myself In the GAse Of the State ex rol. D. @
Johntt IN, have decided act No; to be constitu-
ttrnal. Two udges have held the opposite
Judge Saucier In tho sixth and Judge Houston
IN the Fourth DBtrlc' Court The only reason
assigned NY Judge Sau"ior for ,hls. conclusion
hut hat net No. was q noIlGe regulati"n
because it was passed by the State Leigh !a'ure
an, open question. Dillon. IN his work on
"Muniripal Corporations" =. 3O2; the decisions
OF tho Unitei Stntes Supreme Court in the
SIau Ihtcr- House casea. and in Railroad Com
panv vr. Fuller. an in our own Supreme
Court, In Stat Of Louisiana vs.. Foadick u A.
25s Diamond vs.. Ctr i'd, 49, and Sat- to-, tx rel
tabished the right of he State enact police
regulation for municipal corporation. that
was presented to Ju ige Houston differ"nl ~
Tho respondent denied the iu-isdicf ion Of tho
Fourth District Court to herr, and determining
the writ b"cause the jurisdiction Of that court
was restricted exclusively to civil CHSee. and
that tho scr tence Of an offender against the
provisions Of tho net was Il criminal cnnvtction.
Tn rentnr den lad thHttr q proceedings to pun
ish u diaobedienre Of n pOliCo regulation were
criminal proceedings, II prayed to be dis
charged, because net N'.9waS unGonFttut ,onn,
nnd his de'entOn. under It's provisions. Illegal
Tho court hell:
/. That police regulation for city or town
is not part of Tho penal law Of the 9tate, Hnd
TINT enforcement nOipp IL
lntion IL not tho exercise OF criminal juriBuiC-
ton,
2. Th"t If the Offsn8a prohibited and punished
by act No 0 was Il crime or miIdemeanOr prior
to or ut tho time of the adoption Of tho cnnati-
o. her often az" in tho guarantee of triad by
Jury and tho LEGISLATURE violated tho cOnettu.
tioR whom the ofTenso was made punishable In
a summary manner.
am constrained to say that ater careful
examination of thu snb ct. I differ from my
broth Of tho Fourth G urt In regard to both f
the propositions Coutcndcd for in hi opinion.
II IL dim rult TO cOn"oive II summary conviction
in civil suit, aud Imprisonment by civil pro
coss, not for the purrroe" Of compelling tho
isl,,npni for an act commi ted In VIOLATION. Of The
prohibition Of law. Blackstone, In the fourth
book of h,s Commentaries. considers summary
conviction. to be tho proceedings OF courts Of
criminal uiRdic lon. Every text writer on
crimin nal law regards such convictions to b"
Marin IN tina case { the State vs.. Judge Of
Commercial Court. are essenti lily those in
which III" hrfenhant. or purity ngainef whom re-
lief ia sought l. ~ natural person, or CORPORA
ton other than the Htat.' II III IN Su Tor IN
hab ,as cprp on allegation Of Illegal drtention
Of his wife hIe m nor child or his ward or that
of his own person by a creditor. those and
0 hers Of similar character nre civil cases not
so those in which tho parry il detained on
the charge OF a crime. djSObpdir7lcc 10 D0HcP
rpvnlnt Gus and ih., like" Il La, 1875 The con
titnti n OF 1852 by artcleiG guaranteed prOsr-
cutinns by Indictment or Information. and SO
cured to h" accused speedy public til i by an
i'm nrtinl Jury Of the vicinngo. Its one hund cd
and twonty fourth article authorizod thu L"gi
Ilturo to vest in the recorders o. NV leans
such criminal jurisdiction ~ might be npc"s-
4 ry for tho punishment Of minor crimes and
oifnna"a IA tho o. lice and go Il order of tho
anid ''itv might rpuu re-. Article 6 of tho n4ti-
tuition Of 1863 nl4O guarantees urns9 uti0ns by
In lirtment or Information, aud public trials by
impartial jurire of the . irish in which the Of
tonsR wtt- committed Its nine y-fpurth article
authorize tn" l.egiulutur0 t. vest the record
ers of Now Orleans with Buch Judicial pOWHtS
a may be necessary for tho coKntz 'nce OF cAs"a
ci y, In applying and Interpreting tn" con-
stituiOu Of 1852 the Sup enc Court. In
the case Of the State w. Gu iorrez. = A.. page PAGE
rule. and Is, besides, nae ely d"rItratory
Of the common law on the 81 lnct. must yield
to rticle ia which provides specially for the
rial of minor ofYenses by tho recorders I the
city of NV Or oHna, acting undAr authority
by the Le&i9iatur" Such n'iSdeneG"-
OrS III relate t. tn" potter Gnd Good Or Ter ct the
city could not possibly be disposed OF wer" IT.
necessary to proceed with al the d 'mnty OF
jury In the ordinary way H"nce the adoption
OF article 124 OF the constitution OF 1882, re-
enactment OF article 1913 Of the previous Gonsti-
tuition, 1t Is wor'hv o, notice that heretofnr"
~ the discharge otth"r Jtnc'io@ rs criminal courts
the rec r,ier9 have urOceedo in 'ho tmmAry
way. without the assistance Of the prosecuting
attorney, and they have never been authorI41d
certliuIy did lot escane the attention Of the con
ven ions viii h framed thatWo last constitutions.
They must ais we borne IN mini that, -
e x ami. the ndyhG lhd11G provides expressly