The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-05-19
THE WABEAs CORPUS CASE,
1t Is Continued to tuesday Next for Fur
ther Argument.

Alto o'clock Yesterday morning the case of
Antonio Agost was called before the Fourth
District Court. 1t will be remembered that
Asosti was incarcorated on the commitment Of
Judge Smith on m affidavit OF selling Illegal
lottery tickets but having Immediately applied
for a writ Of habeas corpus, which Judge Hous-
ton granted. he was set at liberty after giving
bends to appear.
Meck Dalsheimer ESD, opened the case. and
after few preliminary remarks showed clearly
that the law under which the accused was COM
mitted by the recorder is unconstitutional and
In contravention to article of the constitution.
Further act No . of 1874 Ia superseded by act No.
10 of the same year. on the axiom OF law that
the latter law supercedes the former law. Act
No. TO- therefore, Is the only one on which the
action may be prosecuted.
The act makes the offense misdemeanor.
and provides that the accused shall after d .
Due conviction on charge OF m'sdenednoT
cannot be made by q committing magistrate.
but the accused must be tiled by jury. because
magistrate has no jurisdiction.
! Article lo9 of the constitution provides that
offepse. The penalty imposed in these cases
| by the recorders Is not proportional to the
oifonse. and, therefore, the penalty having been
illegal. this court can go behind the commit
mont and inquire into the causes OF the same.
tSee Archibald Criminal Practice on Habeas
Corpus.]
A committing magistrate VINO tries 10 hsp uno
jurisdiction over cases which he cannot try y;
amenable to article "a of the constitution, and
this case. which comes under the head OF n
criminal prosecution and d state otfense, can
not he passed upon by recorder, but must be
trieAhy jury or upon information,
Tie Legislature cannot enact police reeula-
tons This right is vested exclusively, by sps-
Glal charter. in the municipal authorities, un;
der the act creating tho Crescent City Police and
the other act crctdins police magistrates.
was to our mi1d irrefragabe and was followed
by Judge Braughn, of counsel for the defense
! in the babeas corpus case. ,u,.,..,
Judge Braughn argued principally that ac1vl
} court had no jurisdiction over the proceeding
Of criminal court, The State had clearly de
fined both the territorial and respective Jurls
= By Jurisdiction ia meant the territory owe
Q which the court is empowered to hold Justice
and the word also conveys the meaning that tn
court has right to try only the cases Wh1c
fall under the scope Of the statutory Limitations IT,
!. sireiy civil or exclusively criminal.
! AT THIS STAGE
y of the proceedings. counsel for reator excepte
n to any discussion on the jr,sdictton OF tn
a court as it was foreign to the subject matter,
/ granted. since the counsel pleaded surprise I
!. this argument. that Mr.. Dalsheimer should b
o allowed time, to prepare his answer and tn
q cussed this point. He maintained his assertio
that the court had no jurisdiction over the cas-
THos. j. sEMMEs.
10 another counsel for the prosecution, the
to argued on the constitutionality OF the act n
y. 9, and said that even If it were police reguls
j ton passed by the State, it was legal. as II
v Legislature could pass municipal laws. b
1It cause the power which the city has OF enactir
"a the same has been delegated to her by legisl
"a tive authority.
ID THE CASE WAS POSTPONED,
/, or, rather. continued to Tuesday next at $50
10 m. when the question will be further discuss
Ut and settled
le Agosti was released on q new bond of SIC
as to appear on the above day.