The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-05-29
THE CORRUPTION OF THE JUDICIARY.

The attention of the people of this city and
State is directed to the proceedings in the SUI
perior Criminal Court, printed in another col
umn, in the case Of the State ex rel s. j. N
Smith, Recorder of the First District, vs.
A. Agosti.
Some days since Agosti was arrested on an
affidavit made by one Of the spies Of the Lot
try Company for violation of act No. 8 OF
1874. He was arraigned before S. J. N. Smith
and sentenced by that supple tool Of the
| Lottery Company to pay fine OF
1876 or go to the Parish Prison for five
days Agosti refused to pay the fine and was
sent to jail. He then applied to the Fourth
| District Court for a writ of habeas corpus,
and after the case had been fully argued by
the ablest lawyers of the New Orleans bar,
Judge Houston rendered decision declaring
that the statute under which Agosti had been
arrested was unconstitutional, null and void,
and releasing the prisoner.
This, it seems should have settled the case,
so far, at least AS Agosti Is concerned. But
the Louisiana State Lottery Company is a
rich and powerful monopoly, and the judi
ciary of the State has not yet emancipated
itself entirely from its influences. 1t is a
matter OF public notoriety that Recorder
Smith is u mere tool Of O. r. Howard We
are prepared TO prove this statement when it
becomes necessary to do so. 1t is also well
known fact that the relations Of Judge Whit
aker to the Lottery Company are not those
which should exist between such an institu-
tion and tho Judge of one Of our high
courts. Indeed. there is no doubt.
and it is publicly charged, that Judge
Whitaker obtained from Chas. I. Howard his
assessment of five hundred dollars to the
campaign fund of 1876. We scarcely think
that Whitaker himself will have the effrontery
to deny this fact If there could be any
doubt Of the subservency Of both Smith and
Whitaker to the Lottery Company, the pro |
ceedings In the latters court yesterday would |
remove it.
Smith, who Is q recorder in these proceed |
ings assumes the dirty role of a prosecutor on
behalf of the Lottery Company, and like
common informer applies to Whitaker to
Issue mandamus requiring the Criminal
Sheriff to disobey the decision OF the Fourth
District Court, and, notwithstanding the de-
cislon of the court, to rob Agosti of S25 or I'm
prison him for five days. Judge Whitaker, be-
ing under personal obligations to the Lottery
Company and compelled to protect the in
terests OF that monopoly at any and all
hazards, issued the mandamus, and yesterday
agosti, without an opportunity to be heard
,y counsel, without any notification and after
1e had been released by the Judge Of the
Fourth District Court, was summarily re-
arrested by the Criminal Sheriff and imprs-
med, and he is in prison now, on charge
If which one of the highest courts of this
State has declared him innocent.
The proceedings on the part of the Judge
If the Superior Criminal Court amount sim
,iy to notification of the great writ of {
labeas corpus. There Is nothing in the his I
ory of corrupt and arbitrary judiciary that I
the audacity of this action. Such
Iction by court in England would create a
evolution. The Radical judges of this State, {
n the most profligate days Of carpet-bag- {
'ery, never perpetrated greater outrage
pOn the personal liberty of the citizen or a E
more scandalous outrage on the laws of the \
ountry I
We have no time to do more tonight than 6
irect the attention of the people to this scan s
alous proceeding. and to warn them of the I
over in our midst which corruptly owns a
aIC Ol our judiciary, winch controlled our |
ite Legislature. and which has the audacity i
D use its power with the courts to actu- /
lily annul tho writ of habeas corpus. +
The interests of the Lottery Company are i
it has millions at stake; and to r
rotect that immense interest," which it has e
cquired corruptly it has the audacity to c
SO our courts, and with its bought judges
rrest and drag citizens of this State to c
rison; with its hlrelings 1t boldly attempts t
, override law, suppress the decisions of r
pright courts, and crush under its heel h
very opposition to It's pernicious influence i
nd power, Il