The New York herald., 1878-07-12
qusn. .ppolu,msu. of judge. BY Governor Nichols as


their SUCCESSORS.
O. What Were tho names oil the judges OF that
Court wnich was thus broken upr A. thlsf Justice
Ludei'ng ana Associate Justices Howell. Morgan,
Q We're tnoy all repuoliesnsf A. ! believe they
Cour, the statcY A. Yes SIR.
q. Had their terms cxpIrcdy A. Yes, sir. their
terms had expired in August, 1870 but thoy were
holding over under the clause IN tho constitution
providing hat all civil officers appointed BY the Gov
should continue To discharge tho duties o their
several Offices until their were appointed,
qualified and inducied into office. ~
q Hnw about the members OF the Legislature
elected from ward 4 parish OF Orleans, how did they
get their seats A. Thew were elected on the face OF
the returns and held uudoubtcd tenure oil once, but
they vers excluded and kept out by the Nichols Leg
islature
@ And three men who had been returned in
any way put In their places and made TO form
part Of tho Nichols governmsn,s A. believe that
In tho case
O Had the three men who went into tho Nichols
Legislature from the Seventh ward been c0ncedcd by
the democratic papers to have failed IN their cleo
!,onf A. Yes sr; !. was generally asn.''eo @ ass ,na.
@ When The Nichols Legislature wa. finally or.
gahizcd ny the McVcagh Commission did u require
these three men 10 make quorumf A. II dId 10
make Returning Bosrd quorum.
q Then without these three men Inc Nicnons
Legislature, even regained by the Harlan and Nc
vcaGh Commission, dd not contain ke.urn.ng k .
Board quorum unless they took IN these three demo-
cratic mcmbers2 A. No, sir.
Q. Do you know OF any ground OF legal right or
form OF lazy or constitutional provision oy wn'cn
Nichols aud his people were anything exccps an or
ganized mob? A. know OF no reason why Mr..
Packard ana his government was not the legal state
government OF Louisiana ana the Packard Legislature
The legal Legislature oi the state and the Sapremo
Court the legal undoub' ed Supreme Court ot the
State OF Louisiana; us to the Supreme Court, there
is statement wish TO make; the Supreme Court
composed OF Ave members; Two OF tnem ! haa
Mr wylie, appointed by Governor warmolh in
1885, ana Leonard IN the place o Taiaerro appointed
III 1865. and who died during Tue summer
fhnga men
by mo three months before / went out ol omce
did rccomm MISSION Ludcnng or Morgan or Howell,
that under the clause in the c.nstituton providing
lnat all civil officers should commune 10 hod omco
inauced INTO oGice they could legally hold until that
uonc, and there was no Legislature n session
only; however. when the Legislature did meet III
January sent to the Senate tho nominations Of Lude.
ling, King aud Leonard and they we're confirmed aud
commissioned them; regarded the supreme Court
US the und0ubted and legal supreme Court oI tne
Stale, and thai the most difficult point the oppo-
sition had TO contend with.
tion OF is really elected Governor can be triea be-
tore the supreme Court, can II notf a. tn'nk ~
O Do you not know that after tho Mcvesgh Com
mission mad disposed of the Packard Legislature Gov.
ernor Packard threatened to appeal TO the Supreme
Courls A. Yes, sir; he would have submitted ms
claims II ne could.
O. But Nichols mad thrust " out Alter Packard
had threatened appeal TO the Supreme Court 10 de-
the legality OF mis- election, did not PresoeGt
Hayes destroy the qu1rum oil that Court bS appoint
Ing Mr.. King Collector? A. The TACT of his appoint
ing Collector his taking the Oath OF ONCE DID
Destroy the Court, Inc ground thai tho taking ot
one Office virtual and legal surrender OF the otncr
O. Then what N,choxdid by iorce President hayes
confirmed by appointing him Collector Was this tho
same Mr.. King Who after he had been in oiice iit
tic wh,ie aud The Court destroyed. had his name
wittdrawn ana his nomination NOT acted upon oy tho
Senate? A. He Is the same man.
Alter the object OF his appointment nad oeen ac-
complished then the nomination was Withdrawal
hA ,AWY Hn IL n St-
has retired public lie; do not think the repuO-
licans wanted him as Collector
LOUISIANA TINS man, being OF the legal Supreme
judges required 40 70 make g eg., quoran' was ap-
pon'sa %nS - ;a' NJ d Mosaa wa. on. OF tho
judges who ned over was appointed by the President
u be judge OF an intsrnaton. court 10 Africa WAS
ne not translated into that posonF A. oehevs ne
was appointed to such position.
Q Ana just about that iimo. was II nosf A. II was
about May oi last year, think
Q. Then, when Morgan anl King had been ap-
pointed, Packard had not much chance WIN .ne
Nichols judges, had heY a. don't think he had'
O. want TO ask you, in all solemuity, this:-Do
you believe, from your knowledge oi what TOOK
place. that there any other reason Tor appointing
Mr. King Collector than to get him out oi that courl
thai Packard would not have his rights tricdhy
Mr. Hiscock commencod 10 make objection 10 the
question, when tho witness answered that he could
Hiscock withdrew his objection TO the question.
you do not bolieve mat 10 Oe Tue IactE
State whether you believe II or not?
Mr. Hiscock--l object 10 that question
MR. BUTLER GIVES HIS REASONS.
Mr.. Butlcr-Aiter an objection mas been Withdrawn
IL cannot DO renewed, believe
/ will state my reasons Tor putting Inc question:
called the Mcveagh- Harlan Com missoo, 10
another Legislature 10 take tho place
OF the Packard Legislature the witness has testified
and there has been testimony mere tending TO show
that these innuences tho Packard Legislature
went the Nichols Legislature IL has then been
Al "A. afnp IN thR
courts for redross, he evidently thinking he had "a
r,gnt to appeal the Supreme Court; that the only
CON posed in It's majority or Judges Ludeliag, King
and Leonard they were all repuDlicans that the TACT
OF the existence oil that Court troubled le opnosition
meaning thereby thc Nichols government more Than
any other fact aud under these Mr. king
was maae Co',ector That appointments disorsanized
the Court, but as an evidence that he was not a9en
Tor mat reason the Court was dsoreanlzed
and before The Senate could pass upon MS appon l.
mrnt as Collector his name WAS wmndrawn Ny tho
same Executive who appointed him Now, undcr
these Grcu m stances, prop so 10 ask this wtncss
(wno knows tnat wn,le King made good Judge ne
was no more III to be Collector tnan sieve would
be Tor water pail IL he does not believe the reason
OF the appoint nent OF Mr. King was Substantially Tor
tho purpose of breaking up that Court thlnK tho
question Is pertinent
Mr.. Hiscocx replied that the statement was prodi-
Gated GU the iact that tho Nichols government was
afraid OF this Court Court that had no, The poser TO
execute processes, while at tho same limo Nichols,
having quorum oi tue senate could terminals Inc
Court a. any time by appointing other men 10 thrir
places. He thought u w.s hardy competent Tor auy
TO as 10 what innuenccd the President IN
making such an appointment or what operated on
the nina OF Governor Nichols in his action IN tls
matter.
OLD LINE WIG
BY Mr. Butor-l viii ask you, then, II you know
whose recommendation Mr KING was appointcd2
a. ihink he was appointed on the Recommendation
Of Thomas Z. Anderson, aud ccomsendcd MIN alsv
that tho Prcsiucpt did or did not appoint Mr.. King
with reference to his connection VITA this Court |
cannot. of course, say, but 1 know Mr. King an
old resident ana, above all, he was old line wing.
(Lsughtcr)
q Did Bouids Baker recommend nimY daughter
A. shouia not be surprsoa " such was tho case no
mad oecn member OF the Legislature for number
OF aud Tccoinmen dod nun on the ground Of his
being old resident and an old line wing
Y. DO you Know who recon neaded Judge Morgan
To tue positon lie ojianedf A. | think no was app
pointed by Sir. Evarts upoI bis own motion
a. Was not the question mootcd about Governor
Packard's appealing to tue supreme Court before
Court broken up2 A. think the matter had
been discussed uy himself anu Trends before that.
a. Do you remember wnclhcr Mr. Kings name
was withdrawn about the time mat Boulds BaScr re-
turned from Tcxasf tLsughtcr,) a. | do not thin K
L.. skrea