The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-05-22
THE HABEAs CORPUS CASE.
Mr.. Dalsheimer Argues on the .Jurisdic-
ton Of Judge HOustOn's Court, and
the Case Will DO Decided Saturday.


The case of Agost pursuant to postpone
ment, was called up yesterday at G 80 p. M
Mr.. Dalsheimer, of counsel for relator on the
writ, made very able, clear and forcibe ar
gument on the jurisdiction of the court. We
give 1t below:
The State ex rel. Antonio Agosti VS.. s. J. N
Smith. Recorder of the First District Court
The relator has been subjected to a fine of $25
or alternately to Ave days Imprisonment In the
Parish Prison. by the Recorder of the First Dis
trict Of the CITY Of New Orleans under act No.
writ Of habeas corpus. before this honorable
court. upon grounds Of which the court Is al
ready cognizant; and in said writ has prayed
for all other relief that the court might grant
him.
The answer to the writ is that this court Is
this court is ipso facto divested OF criminal ju-
risdiction. and that act No. of 1874 comes under
the provisions OF the criminal law of the State,
to issue the writ: This is the answer. Now,
what is the replication? That this being a
criminal action we concede; it must under act
No. 10, of the session of 1874. come under the
usual proceedings for the trial of crimes and
misdemeanors for WHICH the. constitution and
the laws peremRtorily demand due conviction
before the penalty can he enforced. Is this the
position of the respondents to the WRIT II 1t
be not. then what rank do they hold in this op-
position? Let me answer. They hold the other
speaking) that Ii this be not a criminal ofYense.
1t must be an infringement of police regula-
ton. and that act No. g. OF 1874. is police regu
ldtiom.
Now police regulation not being q criminal
proceeding or action must necessarily be some
thing of a civil interest to the community (such
rights to make living honestly or to worship
God according to, the dictates of ones CON
scencel. It must be simply violation of the
their common rights and immunities. A police
regulation is DE creature Of a corporation. and
Of the is ana n
same measure as a member of any society, from
a Mason downward. is subjective to the flats Of
his order.
Then. If there be police regulation not con-
ferring on the recorder Of the First District a
criminal jurisdiction, but simply to try an Of
Tense. misdemeanor or police regulation that
cannot be characterized as crime or INSIDE
meanor, as alleged by the learned counsel, Mr..
Semmes. but which In his argument he fails
to explain. only as some underlined ana non
plains of. beyond the ken of his respected and
brilliant perception. who shall describe Its
genus after SO eminent and learned a gentle
man has failed to mark for it a niche in the
halls of criminality?
Theact is not police regulation it is nothing
whatever; it is dead letter, and made 50, not
only by act No. 10 of the same year 1874 but
subsequently by act No. 13a Of 1877.
But the jurisdiction OF your honor's court Is
denied Here is article 7s2 of the Code OF Prac-
THE Supreme Court. and each of the Judges
thereof shall have power to issue writs OF
habeas corpus, at the instance OF persons In
actual custody, in cases when they may have
appellate jurisdiction: and district Judges. shall
ea hs fh 1f a T has
jurisdictions. except in the case provided by
the following article: -,
is absent. interested or prevented by any cause
whatever from acting In that quality aud there
is no criminal court or court OF concurrent
jurisdiction in the district. the writ OF habeas
corpus may be issued by any judge Of compe-
tent jurisdiction in any OF the adjoining dis
Now is the judgeof any district absent. inter
ested or prevented from acting in that quality.
etc? Then and then only may the district Judge
an aog paridhi Grant Iat the peoples rn Wr
tanning the writ save what have said and what
is pointed out by law2
What is this writ of habeas corpus? The
English law of remote date said 1t was at
common law considered a remedy to remove
! the illegal restraint on a freeman"
Charles the Second Of England, because under
that effeminate prince and king it was eluded
by base and corrupt Judges who sold dlscre
and the despot! This fact is recorded in the
annals of the highest English tribunals.
soT W Is a m IN hs
| cepted definitions. says:
Concurrent jurisdiction is that which may
in cases of concurrent Jurisdictions, that which
is first seized of the case shall try 1t to the ex-
cluSion OF the other.
Is your honor first seized of this writ Of right
where a freeman is praying for his liberty? >.
| Again. the learned counsel says that lurisdic-
ton. as expressed by the article Of the Code,
means only jurisdiction, defined and regu-
lated by law. and In the other sense not de-
signed to be territorial jurisdiction. Very
good! What then is a court of competent luris-
try the rights OF persons? Why, courts Of rec
ord? Have they not all the legal requirements
| for the determination OF the rights OF persons.
rights of property or liberty? Have they not
these under the constitution? Have they not
these prerogatives under the laws of the State
Now. what is writ Of habeas corpus? Nov. is
| the Fourth District Court court of record?
Again. the counsel for the respondent to the
writ quotes in reply to the writ the decision in
| the case of Cock ct al. vs.. the keeper of the
Parish Prison, Is An 347, "Habeas Corpus"
| What does that decision say? :.
This case cannot hoWev er, be decided on its
merits, because we have no jurisdiction in the
| premises. The proceedings which gave rise to
] the nrASant cnnfraUarsy having been Qrigipatad