The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-07-15
THE NEW ORLEANS DEMOCRAT. TUESDAY JULY IS y y

III.
II. "A. Palfrev be taken In charge by the Ser
oeant-at-Arins and held In custody during
the existence Of this body, or until such time
as the said Palfrey may come forward and
answer the questions propounded.
Delegate Brian before the vote was taken,
said he he would vote ID tie affirmative il any
one could show any law authorizing the Con
charged with contempt.
Delegate Blanchard read from the Journal
the occasion when the New Orleans Times
was suppressed and an order OF imprison-
ment issued against LTD editor.
Delegate Poche announced that ne would
vote against the resolution, as he did not be-
lievs the Convention could depart from its
duty Of framing an organic law to 60 Into
side issues. He thought Delegate Blanchard
cited a most unfortunate precedent "a citing
the Convention OF 1864, as the klndest act
that could be done to its members would be
| to let them alone.
Delegate George said 1t he Thought any
good could result from compelling Mr.. Pal
| frey to testify he would vote for the resoln-
| ton, hut BIS the unknown party was now IN
New York, no power OF the convention could
bring him back.
Delegate Pardee commended that there was
no law under which Mr.. Palfrey could be
punished for contempt. No one could place
1
the Con yention this power, It was an IN
4 herent power In Legislative bodies and IN
courts, and was vested 10 the former because
1 they were In measure courts Oh record. lie
quoted from authorities as to the power q
| Legislative bodies In such cases, and denied
! the authority Of the Convention TO imprison
Mr. Palfrey. Ii 1t did so 1t would be clear
case OF false imprisonment.
Delegate Semmes had entered Into the
| Investigation of this matter with views
similar to those entertained by Delegate
Partlee. but he had become convinced that
| this View was wrong. To say that the Con-
| ventipn had no power for contempt was
everybody Of this kind. TO say that the
Convention had no power In this case would
be equivalent to saying that u had no au..
thority to protect itself from tndignity and
insult. But while he believed this ne did not
the Convention In he present Instance. He
did not think the answer was material to the
Investigation. and 1t would be useless to press
the matter TO az extreme Issue.
be denied that the Convention had the power
to punish for contempt. Hedid not think this
was O case, however, where the exercise OF
this power should be exerted. 1t this was
done Mr. Palfrny would be released on a writ
OF hdbeas corpus. It was admitted that the
person whose name was withheld was IN New
| York Nothing could be discovered by forcing
his name. His testimony could not be. secured.
The speaker could not see any use. therefore,
| LII exercising the power OF the Convention TO
punish for contempt Ia the present case.
| Delegate Caffrey said that he admitted that
the Convention had the authority to preserve
Its Integrity, but denied that 1t possessed Grim
| for corrupt practices but could not punish
witness for contempt. He had voted to bring
Mr. Palfrey befo re- the bar of the Convention,
because he had hoped that the moral power
Of the body would cause him to answer the
| witness had refused to do So he was opposed
| to any further proceedings In the case.
Delegate Ogden read rule flfty-eight. rela-
| tive to punishments for contempt and insist
this was nev er denied when the rule was
adopted He thought this was case where
| the rule should be enforced.
Delegate Lott said II the Convention de-
clded not to punish Mr.. Palfrey for contempt
there would be no use for the Convention to
attempt to secure further testimony, as the
witnesses would refuse to answer, and the
committee might as well be discharged.
The yeas and nays were demanded on the
resolution, and 1t was lost-yeas A. nays g..
Mr.. Pulrey was therefore discharged.
| Delegate Lott said the investigating COM
mittee would be prepared to make Its report
tomorrow.
THE JUDICIARY REPORT RESUMED.
| Consideration Of the report of the Com
mittee on Judiciary was resumed, the pend
Ing question being on article 3, which was
| adopted.
Article 10 was adopted, as follows:
ART. 10. The Supreme COURT and each of the
Judges thereof shall have power to issue writs
| OF hnbeds corpus at the instance OF oil persons
| In actual custody, In cases where 1t may have
appellate Jurisdiction.
Article IL was adopted, as follows:
ART. Ii. The Supreme Court shall have con-
trol and general supervision over al ine .,
c6rtiOrdri prohibition, maHdlnts, quo auatrd1,tO
and other remedial writs.
Aroitle IL was adopted, as follows:
ART IL. The General Assembly shall provide
for appeals from the district courts to the Su-
preme Court upon questions OF law alone, when
the party Or parties aggrieved desire only re-
view Of the law
Article IS was adopted, as follows:
ART. 10. Except as herein provided. no duties
the Supreme Court. Courts of Appeal or district
courts, or the several Judges thereof but such
as are judicial; and the said judges are pro
hibited from receiving any fees OF office other
compensation than their salaries for any Off
eial duties performed by them.
Article IA was adopted, as follows:
ART. Il. The Judges Of oil courts shall be- liable
For any reasonable cause the Governor shall
remove any Of them on the, address of two.
thirds Of the nembers elected to each house of
or causes for which such removal may Be re-
quireh shall be stated at length In the address
and Inserted in the journal Of each house.
Article Is was adopted, as follows:
ART. is. There shall be an Attorney General
for the state. who shall be elected by the quail
fed electors of the State at large every four
years. He shall be learned in the law and shall
have actually resided and practiced law az d
licensed attorney. in the State Ave years next
preceding his election.
He shall receive a SALARY Of $4,000 per annatnl.
payable quarterly on his own warrant.
Article 16 was adopted as follows:
COURTS OF APPAEAL.
ART 16. The courts of appeal, except In the
cases hereinafter provided. shall have appellate
jurisdiction only. which jurisdiction shall ex-
tend to all cases, civil or probate. when the mat
ter In dispute or the funds to be distributed
shall exceed $500. exclusive Of interest. and shall
not exceed $1,000, exclusive Of interest
Article II was read:
ART. II. The courts Of appeal shall be COM
posed of two circuit judges. who shall be APP
pointed by the Governor. by and with the ad-
vice and consent OF the Senate for the Term of
aiuht