The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-05-22
THE RECORDER OF THE FIRST DIS
TRICT AND ACT NO. 9.

tiOnality of the act that it is evident to the
simplest mind, the Recorder again enforced it
Monday in the case Of Mr.. A. Gonzales, and
fined that gentleman twenty-five dollars,
which he was forced to pay or go to jail.
Recorder Smith, we understand, takes the
ground that he has no right to decide upon
the constitutionality of this very arbitrary
and extraordinary statute; that he is bound
to accept the letter of the law as he finds it,
and, right or wrong constitutional or uncon-
stitutional. enforce it against every luckless
individual who may be brought before him
on the affidavit OF a lottery spy and against
whom any witness can be hired to testify
This is startling proposition which the
people will not tolerate, and which we do not
believe the courts Of the State will sustain
AS committing magistrate the Recorder
may be entirely justifiable in sustaining from
pronouncing upon the constitutionality of
statutes which are to be decided upon by the
higher courts. But when statute erects his
| court into one lin certain cases) Of exclusive
jurisdiction, giving him power to fine and
lmprtson without appeal, or redress. or other
| chance OF justice save that he may have In the
| wisdom. discretion and justice OF the court,
| certainly his court becomes one of fearful
powers, and he is just as much bound to ex-
anime into the constitutionality of the law in
such cases. and to determine upon it, as are
the judges of the district courts and Of the Su-
preme Court of the State. If Recorder
Smith Is correct in his Interpretation
of his duty under this wicked and tyran-
nical act, corrupt and revolutionary
Legislature might almost totally destroy
the right of trial by jury. The selling of
lottery tickets is made. by act No. 10 of 1874,
passed subsequent to act No. 9, INSIDE
meanor or crime. Under our statutes sell
ing lottery tickets can, by no construction
of this law. be twisted or distorted into ga
case arising under the police regulations" of
this city. Ii then the Legislature can over
ride the constitution and give police courts
exclusive jurisdiction over one crime or mis-
demeanor, with power to fine and imprison,
what Is toprevent such a legislature as we have
described from passing acts giving such courts
such jurisdiction in other crimes and mis- !
demeanors and thus giving over the admins
traton OF the criminal laws to a horde of
corrupt. or incompetent, or servile police
magistrates OF their own creation? Recorder
Smith assumes that he is the mere instru-
servilely obey its edicts and either fleece the
people or drive them to prison at its dictation.
His own self-respect and his respect for his
own court should instigate him to take higher |
ground than this The supreme authority in /
this country is in the constitution; acts of
the Legislature which conflict with that in
strument are no more laws than are the reso-
lutions Of ward club; no man is bound to
obey them, and the judicial officer who en-
forces them is guilty of the highest crime
against the community, and he should be de-
posed from Office as the constitution (artcle
9A declares he shall be.
The const tuition was expressly designed to
guard the property and the liberties of the
people against hasty, corrupt or revolution
airy legislation. The courts are the tri-
bunals established to Judge whether or not
acts of the Legislature are in conformity
with that instrument. What possible dis
tinction, then, can there be between the duties
and rights Of the highest courts in cases over
which they have jurisdiction and the duties
and rights of the lowest courts in cases over
which they have jurisdictions Indeed, the
masses of the people are more Immediately
interested in the righteous administration
of justice in the police courts than they
are in its enforcement in the higher courts.
IT, therefore, the judges of these inferior
tribunals are to exercise no discretion in cases
which come before them, and in which the
law directs them to plumber the citizen of his
money or drive him to prison; if the inferior
courts are to obey only the letter Of wicked
acts passed by corrupt legislatures in the in
terest of monopoes or other combinations
and rings while the higher courts may pro-
nounce upon the constitutionality of other
laws, then is justice denied the poorer classes
of the people and made the high and sacred
privilege of the rich.
We have very clearly, we think, shown the
utter untenability of Recorder Smiths views
on this subject. That he regards act No. of
1874, under which, on Monday last, he forced
Mr.. Gonzales to pay fine of $25, as consti-
tutional, we do not believe. He is a man of
far more than ordinary intelligence, and can
not be the victim of any such glaring absur-
dity. He stands, therefore, In the unenviable |
position of having, In a case in which his court
had exclusive jurisdiction, convicted and fined
a fellow citizen under a law that he and every
intelligent man in the community knows to
be unconstitutional, and designed in its in
ception to persecute and plumber.
We trust the Recorder will take these words !
to heart, and prove, when similar cases come
before him. that he regards the constitu-
ton as the paramount law, and that his
sympathies are rather with the people than
with an overgrown, oppressive, merciless and
INSCRIPTIONS monopoly.
COL, ny. HAMPTON'S REVOLUTION