The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-05-26

toed as to al offenses- that Is, all offensss
against the State, and which are embraced by
Inc terms crimes and misdemeanors.
W, was the otfense denounced by act No Q OF
aon ltne unlicensed sale Of lottery Tickets, n
CRIME or misdemeanor prior to and ut the
t anla OF the adoption Of the constitution of
iSoof AZ II was either n crime or q misde~
,aeanor at the time Of the adoption of the
coi,stitut,on, 10 was included with all other
| "olfe'lseS In the guarantee Of "a trial by iury.
and it was no more competent under the con-
| stitution for the Legislature to make the
| crime Of se,ling unlicensed lottery tickets
| triabie before ~ Recorder, and without n Jury.
| than 1t would have been to make SO triable
the crime Of murder.
| In tho Fifteenth Annual, page 1877 the case
| Of the State VS.. Gu tierfez, the Supreme Court
OF our State say: III Is an error 10 suppose
that, under this view OF the question. the
Legislature might authorize the city recor-
ders 70 try felOnies in summary manner. A
felony Is not "a minor offsnee, aud still tess a.
minor o1ense Relating tr tho police OF the
city"
In tho case Of Thomas Floyd ~. the Com
missioners OF Eatenton, IA Georgia, s5E, the
question arose as to whether the prohibition
In certain city to sell liquor without license
could properly be made tho subject of ~ police
regulation. The court remarked that the sell
ing OF spirituOus liquors without Hicsnse had
never been in the State an iudctable ofgense
They say; The right Of trial by Jury, rs ex-
isting In this State before the adoption of the
such right was not claimed for or accorded to
offenders In such cases before that time
The court makes this just distinction that, Ii
prior TO the adoption Of the constitution q
person charged with particular Offenee was
entitled to a trial by jury, the guarantee In
the constitution OF trial by jury would pro-
hibit the trial Of such person In any other
manner for such ofIense.
In Jefferson City vs.. Courtmire, 9 Missouri.
800, it was held that authority to mnnfcnhl
corporation to regulate the police Of tbs city
gave 1t no power to pass an ordinance for
the punishment OF individual offenses." And
in Slaughter vs. People, Q Doug. fMich1 33a..
it was held not competent to punish and tffe
city bylaws an indictable offsnse-
The sale Of unlicensed lottery tickets was,
at the time OF the adoption of the State con-
stitution, an indictable offense against the
laws OF the State and OF course triable by
jury. Sec act No. 81 Of 1876 which Furnishes
the sale Of unstamped lottery tickets by I'm
prisOnment for two years nor less than six
months, or a fine not exceeding $1,000 nor less
than $500, or both. ut the discretion Of the
court. Section 10 Of the act makes it the
duty Of Judges to charge the grand Jury In
relation to the act, that they may find indict-
ments for it's violation. Act No. % Of 1874
made the sale Of all lottery tickets n crime.
The trainers OF the constitution had in
view In article % Of the eonsti-
ton those matters Of police regulations
OF cities not then denounced by the laws Of
the States rs crimes and misdemeanors. Act
NO. y Oh Lne SfSSlDlO l lSif, IL III VhDhLIDH Oh
articles s and " 81 the constitution and is
null and void, 1t conferred and could confer
no jurisdiction on the respondent to try and
condemn the reiator
Let the prisoner Antonio Agosti relatOr
herein, be discharged and set at liberty.
w. r. HOUSTON,
Judge of the Fourth District Court for the
parish OF Orleans.
A true copy from the original delivered this
day, New Orleans, May Is, 1873,
GEO. Z. CAZELAR, Deputy Clerk.