The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-03-10
A VERY SHORT ACT.

deed. that IL Will not tire the brain OF TIL
least Of them to read it from its unpreten
tious title TO It's last syllable. And yet, by it
few brief sentences, every principle OF Magnl
Charter and OF the constitution of the Unitet
States Ia violated and, under It's authority
one OF our fellow-citizens. WtthoM hauinl
been tried by q jury, without having
committed any offense against the State
without the benefit of appeal lies IL
jail this morning. while the members
of the Legislature are reading this article
Our hair has not yet turned gray. our steI
has not yet lost It's elasticity. and yet we re-
member the time when the enforcement Of
such an act as this would have been resisted
even to flooding these streets with blood
What are the facts2 The members of the
Legislature, by turning TO the acts Of 1874
will find that net No. provides for the pun
ashment, by tine or imprisonment. by police
courts, without trial by jury, Of offenses, not
against the State or city, but against
Che gambling monopoly known as the
Louisiana Lottery Company Some weeks
ago Herbert Geale, poor fellow
about town, with intellect insufficient, we
fear, to make an average member of a legis-
iative body, but q free citizen of Louisiana
innocent Of any crime, WINS arrested on the
affidavit of an agent Of the Lottery Company
on the charge Of having perpetrated against
the lottery monopoly the crime described in
net No. q. and taken before the First Record
er's Court. This man had few friends and
less money. indeed. about oil that he had or
has is q family to provide for. A purse was
made up for him, and able counsel employed
TO defend him.
There was, we believe. no power In the Re
corder TO question the constitutionality of Act
No. 3, and AZ there was no appeal, counsel re-
sorted to the extraordinary expedent of at
tempting to bring the case before the Supreme
Court on writ of certiorari. It was hoped
that that high court could review Act No. 9
under such writ, and that the final decision
would nullify q law at once disgraeeful to our
statute books and violative Of every principle
of free government
The Supreme Court examined the question
with great care, and last week declared its
inability. under the constitution Of Louisiana,
to exercise jurisdiction in the case.
Under the true theory of criminal jurispru-
dence the court must have had ample power
to remedy the wrong perpetrated on Geale
under this Ubiquitous act The court In its
decision explicitly states that the Code of
Practice intends that the writ of certiorari
shall Issue In just such cases. But the or
ganic law, the constitution Of 1868, that sacred
instrument which the Legislature refuses the
people an opportunity to sweep out Of exist
ence, overr1des the Code of Practice and the
free spirit Of our ancient laws.
Il
out Of the clutches Of the Louisiana Lottery
Company, or save him from going to prison
under Act No 0, Because we quote the Ian
guage of the court-"the constitution has i'm
explicit terms limited Its the Supreme Court
jurisdiction" 1--WE are urged to interpose,"
continues the court, ITO prevent the intliotion
of q grave rrong and fragrant public injury, but
IL would be graver injury IL this court
should overstep the bounds set up by the or
ganic law within which 1t must move for the
purpose of correcting any evil, no matter how
flagrant"
The whole people bow with respect to the Su-
preme Court of Louisiana. That court is COM
prised Or jnrists distinguished for their learn
ing, honored and reverenced for their integ-
rity, and we believe that their Judgment was
In strict accordance with the constitution.
But what is the nature of that constitution
under which citizen can be arrested under
such q law IA act No. . of 1874. an arbitrary
and infamous act, and imprisoned without the
benefit OF a jury and without the right of APP
pealP
Was the constitution 50 framed that corrupt
legislatures might pass such acts In the inter-
est of pernicious monopolies, and in tho same
sentences In which they give over the liberty
OF the citizen to a ring of gamblers exclude
him from the protection of the higher courts?
Fortunately the same words in which tho
Supreme Court, with evident regret, dis
claims jurisdiction in this case, indicate the
remedy. The Legislature Of Louisiana Is In
session, u majority of the members of the
House are Democrats, and d majority Of the
Senators are Democrats. Under act No.
3 of 1874, Hebert Geale a citi- |
zen of Louisiana, has been imprisoned. |
Yesterday morning he borrowed q dollar |
from friend to buy meat and bread for his |
family. A few hours later he received his SEN
tence for having trespassed upon the sacred |
rights Of lottery monopoly worth millions of |
dollars. When he was lead out OF court and |
taken to the Parish Prison, friend sent |
to inform his family Of the fact |
The messenger found, seated on the steps, a |
keeper; his furniture had been seized for |
iebt. An elderly lady came to the door. She |
aid Mr.. Geale's wife was ill., When she was
old that he had been sent to prison for five
lays she burst into tears and turned away
nto the house without word.
Democrats OF Louisiana, how do you like
he picture?
If you do not like it, remember that Re-