The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-02-11
ACT NO, 0 OF 1874.


We tive In d remarkable age We claim to
be u free people, governed by an established
constitution md the laws enactedin confortni-
ty with 1t, We claim also TO be all enlightened
people. capable of choosing Intelligent and
honest Legislators, judges and magistrates to
enact Just laws and to enforce them. Do facts
bear out these high pretenslons2 Are law and
Justice Id Louisiana Synonymous terms? Have
we elected majority Of Legislators WISE brave
and honest enough to repeal all elaetnetlts
which conflict with the constitution or with
the rights of the people2 Have We organ
ised TINT full and sure administration OF
Justice which chataetetiSes every civilized
penpleR We unbesitatingly answer that we
have not The Legislature has triitnped up
new tangled theory which they call vested
rights" and which majority OF that body
claims to be superior to the cohstitul
tion; nay. superior TO the inherent, nalien-
able and aed-given rights of the people.
The charter Of q monopoly Is regarded by
that majority as oil intepealable and sacred
thing. The charter may have been begotten
III the vilest corruption; 1t may be the fruit
Ut bribery and corruption; the monopoly may
be an immoral one, SGT up III defiance Of the
laws Of morality and OF the civil laws Of all
Christian and enlightened nations; yet this
extraordinary doctrine Of vested rights, which
has taken root In a Democratic Legislature
and grown with the rapidty aud luxurance
If the Prophets gotrd. covers all its wells and
defects. and gives 1t d character more sacred
and indestructbe than the principles Of the
American constitution. tile rights OF the peo-
Mo and Tho intp,rstg of society
A short time ago the House of Representa-
tives, with n decided Democratic majority,
refused to repeal net No. OF 1874, on the
ground that the repeal would be a violation Of
tho vested rights Of the Louisiana Lottery
Company. vast normal school for gamblers,
on primary, rather. OF the keno saloons and
faro banks. Now. them do the people Of
Louisiana know what sort Of an act No OF
1874 H. which their representatives have re-
fused TO repeal We will tell them. Act No.
o violates article 70 Of the constitution. vest
Ing the judicial power in certain specified
courts III violates article 0 Of the Gonstitu
tun which declares that prosecutions for
state uffrnses must be by indictment OF in
formation trial by jury, and Din violating
this article it violates the highest best estab-
lished and most sacred principles of civil
'NN
liberty.
IL gives police court, whose power In
criminal cases ia confined by the constitution
To cotnmittals, the authority, iii cases Of tres
PASS upon tho gambling privileges Of tho
Lottery Company, to iiueand imprison the ac-
cused without trial by jury: and the fine being
limited, there is no appeal to higher court.
Under this act. therefore, the powers of a po-
lice magistrate arc as autocfate as those of
the Gear Of Russia. This law, enacted by u
yonal Radical Legislature In 1874, the present
Democratic reform House Of Representatives
mas refused ny u iHTgt urtiuttity. ID rt,I,rai
And let ns tell the people Of Louisiana that
this damnable act Is not n dead letter upon
their statute books. 1t Is enforced with all
the risor aud remolEelessness OF inauisitoiial
tribunals by police magistrates and the Fed
eral COURTS whichever the managers Of the
Lottery Company may be pleased TO resort
for the protection Of their most holy "vested
rights
A Tow days ago we laid before the country
the story Of the arrest prosecution and final
Imprisonment of D. G. Johnston, q citizen of
New Orleans. in a case growing out of a
claimed violation Of the rights of the Lottery
Company. We have before us now u still
more extraordinary case. but one which prom
isea to test the binding effect Of the infamous
act Of 1874 upon this people
Mr.. Herbert Geale some time ago had the
iemerity to make a bet on certain of
the numbers advertised and placarded
by tho Lottery Company. The spies of
the company were on his track and
made an affidavit against him. and ho was
nrraisned before Recorder Smith for a
violation Of the rights OF the Lottery Com
many under act No. Of ts7i Repeatedly the
Legislature had refused 10 repeal this act. and
repeatedly the police court had enforced it's
obnoxious and illegal provisions. The iuris
dictipn Of the police court would he final !,
there could be no appeal, The lottery had
stretched out its omnipotent arm. its grasp
was upon the Threats of It's victim; under tho
law there was no help for him. Neither Magma
Charta, nor the Bill Of Rights nor the Consti-
tuition of the United States. nor all the blood
pf NIL the heroes who had fought for civil lib
erty from Bunker's Hill to the fourteenth OF
SAptpmber, would amount to feathers
weight with the court against net Noa. The
majority Of the Legislature was busy discuss
ing mileage and per diem, orplannng scheme
To defeat a call fora constitutional convention
or passing acts to incorporate fire companiSS
or cross roads villages, or bills OF relief, and
.h;a citizen of Louisiana Herbert Geale- was
left with his counsel alone to confront the re-
cor,ler and the law OF 1874.
Rut the counsel In this cnse 1t seems has
mastered tho situation He applied to the
Supreme c, urt for writ of certiorari t.
bring the caso before that high tribunal. W.