The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-01-03
UNITED STATES CIRCUIT COURT.
Judge Billings Decision II the Case o.
MOncurc vs.. nuhuCIet.

Judge Billings Decision u the Case Of
Moncurc vs.. EsubucIet.
United States Circuit Court, District of Louisi-
ana-State of Louisiana OK relaions John q.
Moncuro. VS.. Antoine Dubuclet-No, 1897
Billings, This IL u case which was trans-
ferred from the sixth District Court OF the parish
OF Orleans, and liz before me on a motion TO re-
mand. 1t Ia u suit in which the plaintiff seeks to
recover from defendant tho Office OF Treasurer Of
the State of Louisiana. The removal is asked
upon two grounds The first have already dis
ppsed or In the Gaze OF johnson against Jumel,
and have seen no reason to change the views
that expressed in my opinion in that case.
The second ground Of removal Is that the re-
lator is q man OF color, and that lbs cannot en-
force his rights in the judicial tribunal In which
the cause was pending Defore Its removal.
The provision which the petitioner invokes is
the "act to protect all persons In the United
States in their civil rights, aud furnish the means
OF their vndcation," passed April 0. 1866, found
in volume IA. Statutes at Large, pageT.
Section enaots that all persons born in the
United States are citizens, aud have the same
right (amopg other thlnge) to the full ana equal
benefit OF all laws and proceedings for the secu-
rity OF person aud property as is enjoyed by white
citizens.
Section provides that the district and circuit
courts shall have exclusive jurisdiction OF all
cases, civil and criminal, affecting persons who
are denied, or cannot enforce in the courts or
udi,ia tribunals of the State or locality where
they may be, any of the rights secured to Them
by the first sc ction; that IL any suit or prosecu.
tiop civil or criminal has been shall be COM
menced In any STATE court against any such per-
son. for any cause whatever, such defendant shall
have the right to remove such cause for trial to
the proper district or circuit court in the mann
described by the act relating to habeas corpns
and regulating JUDICIAL proceedings in certain
cases passed March 8. 1868, which act makes
cause removable by the filing OF verified pc
tition with the ordinary bond.
It ia to be observed that section or the act OF
April 0, 1866, as to the right TO remove, provides
ssthst any cause, civil or criminal, affecting per-
sons who are denied, or cannot enforce In the
State courts any Of the rights secured to them by
the 6rst section OF this act may be removed"
The question in the first instance s, what rights
are secured by the first section OF this act 80
far a. this case is concerned, 1t is the full and
canal benefit Of all laws and proceedings for the
: .eurl.y OF person and property, the same as ls
en;oyed by viii o cit zens; that ia to say, thai
nersops OF color and aliens by birth are to have
the fnlI and equal benefit of all laws and pro
ceedines for the security of person and property
an ia enioyed by white citizens.
The affidavit IN this case states that the petit.
,;oner cannot enforce his rights to hold and re-
tain hs Office" but IL does not state whether ths
"a in conse ouence Of any law. statute, ordinance,
regulation or custom, or whether 1t 10 IN conse-
snsnca Of an individual OF party, or : race
prejudice. \, .,,;s ren.-., IA.
dsyl:, Which arrested the State Tribunal rom