The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-03-28

every prospect Of these facts being ventilated
and that, when the attention Of Congress is
again called to the timber policy" the aues-
tion will not be az TO what warrant OF law
there is for the proceedings under 1t, but
whether schurz has not committed crime
which justifies his dismissal in disgrace and
under circumstances that will operate his fu-
ture disqualification. That Schurz Is re-
sponsible for every act Of duplicity and
atrocity perpetrated by his agents in this
State can not be questioned. He was not
only cognizant of, but he prompted all Of
them. 1t was he that sent Carter
Was never prince so meek and debonair-"
over to Calcasieu to practice venery and as
q party to the deceit and treachery with
which his Monchard repaid the simple but
generous hospitality Of the people Of that
parish. But Mr. Dawes and other Senators
had the effrontery to assert the other day in
debate that this duplicity and the arbitrary
proceedings resulting from it. were not only
authorized by law, but that the statutes Of the
United States were mandatory and made It
the imperative duty of the Secretary Of the
Interior to resort to them.
Well. we shall know more about this in q
short WHILE most likely. Congress is now
engaged in ascertaining by which warrant Of
law this Hessan reformer and his spies have
taken forcible possession of private property
tied up nayigable streams, destroyed the
tratte and industry ef whole communities
and violated every right OF person and prop
erty, because certain persons to them I'M
known" have been suspected Of cutting tim
Der on government lands. AS for the Federal
statutes, which Mr.. Dawes says are manda-
tory, he should have known, and doubtless
Sehurz did know, that there are none which
even by implication authorized these proceed
ings The only laws on the statute book
bearing, however remotely, upon the subject
refer solely to the special reservations for
merly set aside by Congress, for the purpose
of supplying live oak and other timber for
the use Of the naval department. These laws
are Of penal character, and their en-
forcement belongs t, the Secretary of the
Navy and not to the = cretary Of the Interior
These proceedings, then, were utterly unau-
thorized by any law of Congress- or under
any statute of the United States. They had
their inspiration in the despotic action Of this
alien Secretary as to the rights of govern
ment and not In the law.
Upon this subject Senator Jones, of Florida,
took the correct position. He contended that
the United States could not go into States and
resort to State laws to protect its interest.
The United States could only avail itself of
the laws found in the United States Statutes
and could not proceed under local laws. He
repeated that as the law now stands he saw
no authority for the Secretary Of the Interior
to detail clerks to go into his State and act as
spies and informers, and when Congress saw
fit to authorize it he would acquiesce in it.
But granting that the United States can go
outside Of its own statutes and invoke State
laws in the preservation of its equitable
rights, If it chooses to do this, it should be
required to comply with all the formalities
and furnish the same securities exacted from
other ltigants. But as MI. Jones says, 'the
government, or rather the agents of Schurz,
in invoking these local laws, have used them
only SO far as they helped their purposes.
They have refused to give bond for damages,
and If any injury is done to the citizens, they
have no recourse" They have done more
than this-they have obtained the release of
property in litigation while peremptorily re-
fusing to comply with the terms of sale fixed
by an order of court, which property they are
now disposing of in violation Of all law and
justice. While invoking the local laws they
have refused to comply with any of their re-
quirements, and their whole course in these
seizures has been marked by the most OPP
pressive and arbitrary disregard Of personal
rights. 1t was but yesterday that the District
Attorney felicitated himself over the indepen-
dence Of the Interior Department Of any ap-
preparation to carry on its Infamous policy in
this State, and said that the money realized
from the sale Of the logs seized was ample to
defray all costs. How money realized as this
was and held subject to the final decision of
court, money representing property in
litigation, can be disbursed for any such
purposes as this before the termination
OF the suits, we cannot understand. The
marshal has already filed a rule on the de-
PENDANTS and intervenors in these suits to
show cause why he should not be paid S14,865
preliminary costs out of this same money.
Was ever such a proposition heard before III
a court of justice? AS we understand the
law the plaintiff is bound for all costs until
the defendant is cast In suit. We have
never heard that property sequestered could
be held liable for costs of court until it had
been adjudged lawfully seized and the prop
erty Of the plaintiff
Yesterday, it was reported that the log
men, despairing Of all relief, had compro-
missed, but the dispatch we publish this morn
ing shows that they are as far from an AMIGA
ole adjustment as ever, and are determined to
their rights to the bitter end. Car
Ter, the government agent, is in Calcasieu
now, moving heaven and earth to effect a set
Element in order to save himself the penalty
IF exposure and dismissal, but we are glad to
say that there is no probability of his attain
ing his ends. We are glad to believe that there
Is every probability Of the distinguished Prus-
sian who presides over the Interior Depart