The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-05-28
THE CONTEMPT CASE.
Answer Filed In Court Yesterday by Coun-
sci for the Recorder.

| The answer to the rule for contempt taker
| against Recorder Mltenberger was filed il
| the Superior Criminal Court yesterday. This
answer holds good both as regards the writ OF
certiorari and the rule for contempt:
State OK rel. Kelly vs.. Ernest Miltenberger
Recorder OF Second Recorders COurt-Return
to rule for oertiorari and contempt.
Ernest Miltenberger Judge Of Second Reeor-
ders CpurtfOr the city of New Orleans respect
fully makes this return to the rule for certiorari
taken against him by J. B Kelly; and he AYERS
I. That the writ of certiorari for the removal
at common law of criminal causes from inferior
courts to the Court OF Kings Bench is a high
regal prerogatiye power conferred upon the
eral jurisdiction over all crimes and offens o.
from this highest crime to the most trivial mis-
d!emeanor. but of Its well recognized and estab-
judicatures: but that said writ Is unknown to
the American constitutions. and more especial
" the constitutions and laws OF Louisiana. which
respectively of the several criminal courts
and have carefully withheld the grant Of
sid So, prerogative power and Jurisdiction;
: %asery = B Buzz s"sa La. e. sa NJ
KS dse Mfs sad h 49, sae vs. Judge
An. $50, State vs. Judge Sixth District Court;
An; 522: State vs. Judge. etc: An. 2ss, State vs.
Judge F2urth District Court: An; 1885, Success
sion of Whipple;2 An, 979, Succession of Maoar-
ty; IL An, 1884, State VS.. Recorder
q. That the only court of general criminal
jurisdiction In the parish of Orleans Ia tho
First District Court. created by the constitution
and the Superior Criminal Court created By
the statute of 1874. Is essentially q court of
special jurisdict on.
3. That the statute creating said Superior
Crninal COURT grants it the rights 10 issue ,rrifs
Of hdbPas corpus for all the purposes Of said
TrHs: but expressly limits It's right to issue
mfhS OF ninnddnus and other ut'Hs and pro
cesses. when these are necessary on incidental 10
ne exercise and enforcement Of its jurisdiction
tSee IL
4. That the offense charged to the accused. P.
Shloy. under act No. of session Of 1874 for
vending lottery tickets, is not an offense cognf-
cable in the Superior Criminal Court not being
included In the special graut of jurisdiction by
the statute creating the court, or by any subse-
duent statute
8. That the Second Recorders Court is strictly
2 municipal court. created by tho act approved |
May l. 1877, and Its jurisdiction extends only to
cases arising under the police regulations OF |
the city of New Orleans, and to such Cases as |
pertain to committing magistrates but in no
case can said Recorders Court try apy ofrepses |
under the laws Of the State. without iagrantly |
violating article ~ of the constitution and that |
he charge preferred against said 2, SaIoy was |
IN alleged violation of act No. aforesaid and |
no commission. consequently of an offense
against the laws OF Louisiana. which cannot
'onstitutonally be tried in the said Recorders ,
court.
6. That before the issuance of the said writ OF
the said r. Saloy had been discharged
lnder the prosecution instituted under the pro-
lsions OF aforesaid act No 9 of statute of 1874