The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-05-11
A QUESTION OF PRIVILEGE.
Judge MiItenberger Reads n Lesson to
the ptrRyunf.

On opening court yesterday Judge Milton
berger referred to the article in Thursdays
HicaVu,ae wherein the Judge is limited at as
having been influenced In his decision with re-
gard to Administrator Rengstorff's case. The
Judge made the following remarks on the sub
Jec:
NY attention was called. few minutes ago, to
Picapune, relative to the arrest and to the dis
charge by this court OF Administrator hengs-
torff.
teen months and this is the first time hat
have thought proper to refer In open court to n
newspaper article; but. In this Instance. the
paragraphs of the article, oompels me to notice
1t; and to establish its falsity and the malice
which must have inHuenced~the writer OF the
same. ] shall only refer to the two last para
graphs. which read as follows:
The decision In this case establishes the
precedent that n group. consisting Of three uu-
titled citiz ms and an administra or cannot OBJ
struct n sidewalk. and the policeman who
should think otherwise deserves judicial and
executive reprimaud."
THE precedent. however. is not intended to
apply to any four ordinary citizens so grouped.
In the case of the latter the law shall be CON
strued as heretofore"
In relation to the first paragraph | have this
to cay: That the decision establishes the pre-
oedent that three "lHe' citizens Gna one Al
thorougfare and when u ey are not obstruct-
ing the thuroughfare they must be protected
against any interference by the police. shall
60 further and say that even four Aefmin,sf,.a-
tors have u righttO stand on The sidewalk, under
the same circumstances and II they are brought
before this court and charged with having OBJ
srunted the sidewalk and the evidence proves
that the officer was over zoaous in his arrest.
shall deem. 1t my duty to discharge them.
Hongh they be administrators. and In this con
| necion | will say that it required more moral
courage and Independence TO discharge Ad-
ministrator Rengstorf than 1T would have re-
Oh,
| was adduced in the case. had shown that be
had violated any ordinance or law. And, once
for all. will repeat that whatever may be the
position. social, financial or political, of any
individual brought before this court. If he has
violated the law, the court shall apply the pun
ishment which 1t eonscieutiousy believes he
deserves. shall sustain The officers whenever
think they have done their duty, but shall
also reprimand them when they exceed it.
Citizens have the right to meet and stop on the
Of Mr. Butler. when. If | understand rightly,
he issued an order prohibiting group OF
three or four citizens from stopping on the
street and conversing.
upon the writer. whoever no may be, to cite II
single instance since presided over this court
land the books Of this court are ready for his
Inspections wherein have punished any citi-
zen, titled o., noatitied. for obstructing the side
walk | do not mean that parties should not
and will not be punished for the said ofsnse.
but 1t mus; be proven that they did SO. and, be-
sides. that 1t was done willfully and not mad
vertenly.
have deemed proper to speak thus lengthy
on the subject in order that the public should
paper which inserts articles impugning, by ma
licious insinuations and without just cause. the
motives Of n magistrate who endeavors to do
bis duty according 70 biz !, humble Judgment
Gle before 1t was inserted. At ali events the
paper Is responsible for what it has published.