The morning star and Catholic messenger., 1878-06-02


tom, about $3.50. 900 per annum. Under the
last mentioned system the expenses are pretty
near as much, though there is NO new worh
being done and many laboriDg men, old resi-
dents and worthy citizens, who for long years
have looked to this work ss IT, principal means
| of earning living have been thrown out OF
employment. 1t is to be hoped that with re.
turning prosperity, the more prompt ool
lection Of taxes, and the next Administration
may be enabled to clean and repair our streeta
in fret class style and to commence the
public works that are Of most pressing neces.
sity sEd thus give work to those who need it
To-day, (Sunday). at one O'Clock, there will
be Sacred Concert In the Church of Oar Lady
of the Sacred Heart. 1t will be under the di
rection of Miss A. Maureau, the excellent or.
ganist, who has secured the services Of o
| number of distinguished amateurs anon z
whom may be mentioned Misses A. Todd, j.
Hinoks. B. Maureau and j. Malochee Mrs. de
Lassiohere, and Messrs Bremen, Meteye and
Chalon. The price Of admission is so cents, the
proceeds to 60 to the fund for the support of
parochisl works. The church is ct the corner
of Claiborne and Annette streets, Third Dis
trict. the cars Of Canal aud Claiborne line
PoooioS Wy auO uOWu III TOnG Oh H. COQelQ0T-
ing the poverty of the congregation, which is
composed principally of oolored persons, the
Jealous pastor, Father Boriss, has wrought
wonders since he undertook the building of the
church some ten years ago. Broken down in
health, ne fads himself compelled under i'm.
perative orders from his physician to leave the
country for few months. Before he goes
however, he desires to arrange certain pressing
matters Of business and leave the parish in
such condition, financially, as to enable his
excellent young Curste, Father Coustarot, to
administer it's affAirs without difficulty. We
have no doubt that the faithful of other and
richer congregations will, on this occasion, give
helping hand to the congre & alton of this
church, while at the same time securing for
themselves couple of hours enjoyment.
The LOTTERY TICKET QUEsTIoN.-BIiehy
told, the judicial incidents which last week
80 deeply interested our city population,
amount to about this. The Legislature of
1874 enacted law making it an offense for
any one to sell, within the city of New Orleans,
lottery tickets other than those of the Louisi.
ana State Lottery Company. The power to
punish this offeDse was vested in the city
Recorders, being limited to $25 fine or Eve days
Imprisonment.
Some days ago Recorder Smith, under this
law, passed sentence on one Agosti with pun
ishment to the full extent of the law. A
Habeas Corpus being sued out before Judge
Houston of the 4th District Court, Agosti was
released. Judge Houston's Jurisdiction was
denied on the ground that Agosti was in Jail
on purely criminal charge. The Court
declined passing on the question as to whether
such fact if true would deprive it of its pow
er to issue the writ, but denied the truth of
the allegation. 1t decided that the charge
against Agosti was in the nature of a police
proceeding and not of q criminal one. The
reason of this is that the law in question,
No 9 of 1874, is limited in operation to the cty
OF New Orleans and is, therefore. clearly in aid
Of the police regulations. Moreover. if the
proceeding were of criminal nature, then the
Recorder had acted in o judicial capacity in
direct contraveption of the State Cons ton, |
Art. 73, which expressly limits judicial funo
tions to the Supreme, District, Parish aud |
ustces courts, Also Art. "a. Judge Houston |
therefore held that his court had Jurisdiction. |
On the merits, the Court held that the act |
No. was clearly unconstitutional, because
before the adoption of the present Constitution |
the offence disposed of by it was already penal, !
and by Act 6 of the Constitution must be passed |
on by jury.
Agosti was therefore released. Imme mediately |
afterwards Recorder Smith recommitted him |
for the same or similar offense, and Judge |
of the Superior Criminal Court |
issued a msndamus to the Criminal Sheriff
not to produce him on the requisition of any
Civil Court. Judge Houston's seooud Habeas
Corpus was met with refusal under this
which produced definite collision
of aut hority "in the name of the State"
What would have been the result is hard to
say, had not tie Governor intimated his ad-
besion to the posse of the Civil Sheriff There
upon the Criminal Sheriff surrendered and the
posse was not called ont.
AN ARITnMETICAL QUESTION. IF a
nj of raoat roiaa RFtu SaS