The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-03-18

vember and December 10 Of the same year,
we are compelled to eoncede that. In legal
intendment, he Is now. and has been since his
declaration of the latter date citizen OF
Mississippi. The solemn avermeBt by which
he procured the removal OF the cause OF b..
G. Hancock We. t. j. HoIbrook, ct als from
the jurisdiction of our State courts to that OF
tho United States Circuit Court constitutes
judicial estoppel which forbids him claiming
citizenship In this State. This averment was
repeated December "a, 1873, when 1t was again
made to obtain the removal OF the cause OF
G.. w. Dupre ct ais. VIZ. Geo. Nicholson ct ais.
from the Third District Court to the United
States Circuit Court. On December "a, 1873,
then, Nicholson was, by his own avowal, a
citizen Of Mississippi, and whatever the laws
OF that State may be in regard to the resi-
dence necessary to acquire citizenship, under
the laws Of Louisiana he cannot become cit
izen of this State In less time than a year Of
bona fde residence In the State.
or course Nioholsons claim to citizenship
| In Mississippi, In which State he never &C
qured or intended to acquire residence, Is a
| transparent fiction, the purpose of which was
| to remove all personal actlons against him
| self from the State to the Federal courts.
| Yet, II this fiction prevails and Nicholson be
thereby removed from the jurisdiction
| OF the State courts, In which
personal service on him cannot be
obtained, nc most assuredIy docs not possess
the qualifications which the State, for It's pro-
lection, should require to attach to the per-
son with whom 1t assumes the grave rea-
lions which must subslst with SO important
an official as the State Printer. Whether the
State Printer be an official OF the State or a
mere contractor, the case Is the same In
| either event he should be n citizen OF the
State, amenable to her courts which, alone
should have the right to pass upon the rela,
lions existing between the Commonwealth
and her public servants. That this was the
| intention of the law Is evidenced by the oath
OF fealty and allegiance to the State Of Lou
isiana which Nicholson was required to take
when he. a citizen Of Mississippi, qualified as
| State Printer, and which no one but q either
OF this State could honestly take.
This is q question OF the gravest character
affecting the sovereignty OF the State In the
vital particular of It's control over It's owl
domestic affairs and the relations between
itself and It's public servants. Nicholson can
not claim citizenship Of Mississippi for on
purpose and swear allegiance TO Louisiana
for another BY his own solemn averment h'
Is judicially estopped from claiming to be {
citizen OF this State, and has established To-
himself the right OF transferring to the Fedora
courts all civil proceedings that may be insti
tnted against him In the courts OF this State
!, Whatever obligations he may assume to tn
, State In his character OF State Printer he cal
require to be submitted to the Federal judi
ciary for construction and enforcement w
have no interest in this matter beyond that o
any other citizen. yet we submit that an in
!. dividual upon whom the courts OF this Stat
; cannot make a personal service, except by
. process OF the criminal laws, Is not a prope
! person to have conferred Oh him the office
! and responsibilities OF State Printer.
|