The Donaldsonville chief. [volume] (Donaldsonville, La.) 1871-current, 1881-06-18

Defendants Petition for = Writ Of Error
to tho Unlted States Supreme Court
The Writ Granted by Associ-
ato Justice Woods.

Defendants Petition for . Writ Of Error
to tho Ualted States Supreme Court
The Writ Granted by Associ-
ato Justice Woods.
We publish herewith the petition for
writ Of error submitted to Associate jus
tice Woods, of the United States Su-
preme Court, by counsel for A. ]. Eche-
vcrria, Sheriff of Assumption parish, in
the case wherein the Supreme Court Of
Louisiana recently rendered decision,
based on article III of the State Consti-
tuition, pronouncing Mr.. Echeverria incl
igible to public Office, and declaring the
Shrievalty of Assumption parish vacant.
The petition was conveyed to Judge
Woods at Montgomery, Alabama, by r.
N. Sims. Esq, of this parish. The doc
ument reads as follows:
The State of Louisiana er relationc w. +.
Howell ct ais rs. Arthur J. Eche-
verria.
The petition of Arthur J. Echeveria,
of the parish of Assumption in the State
of Louisiana, respectfully shows:
That at the term of the Supreme Court
of the State of Louisiana, on the first
Monday of November, 1850, final judg
ment has been rendered against and to
the prejudice of your petitioner in the
case entitled The State of Louisiana er
rel. w. E. Howell, District Attorney, rer-
sus Arthur J. Echeverria, and numbered
1923 of the docket of said Supreme Court.
That in the pleadings and upon the
hearing therein and in the said Judgment
there is drawn in question the validity
of statute of or an authority exercised
under said State, Oh the ground of their
being repugnant to the Constitution, trea-
ties or laws of the United States, or of o
treaty or statute of OF commission held
under the United States, and the deci-
sion was against the title, right, privi-
lege or exemption specially set up and
claimed under such clause of the said
Constitution, treaty, statute or commits
sion to the wrong Of your petitioner. and
that i'll the pleadings aud upon the
hearing therein and in the said judg-
ment there is specially drawn in ques-
tion the validity of article III of the
Constitution of the State Of Louisiana,
on the ground of its being repugnant to
Article l, Section 10 of the Constitution
Of the United States, and the decision
was in favor Of the validity of said
article III of the said State Constitution,
and against the title, right, privilege or
exemption set up and claimed under
said clause of the Constitution of the
United States, to the wrong Of your peti
tioner, as will appear by u reference to
the p1eadinss and judgment in said case,
now of record in the said Supreme Court
of Louisiana.
Petitioner shows that the office of
Sheriff Of the parish of Assumption,
which said Judgment will have the
effect to deprive him of, unless suspended
in its execution, is worth more than two
Thousand dollars.
Wherefore, petitioner prays that
writ Of error I've allowed, directed to the
Supreme Court of the State of Louisiana,
to the end that the said Judgment may
be re-cxamined i'll the Supreme Court Of
tho United States and that the same may
he reversed for the manifest errors there
in appearing; that petitioner lie allowed
to give bond to His Excellency, Louis A.
Wilt, Governor Of the State of Louisiana,
w. e. Howell, District Attorney pro TEN
of the parish Of Assumption, and to the
School Board of Assumption, of which
Robert Lawrence Pugh is President, and
the Police Jury of the parish of Assump-
ton, of which William B. Ratliff is Pres
ident, both of which bodies are Joined
with the plaintiff as relators, to operate
as supersedcas, for the purpose Of
bringing the same to appear and answer
the writ aforesaid; so that they may
have such relief OF take such course in
the prosecution or defeat Of said writ as
they may be advised is proper.
And petitioner prays for all other
necessary and proper relief
CHAS. S. RICE,
R.N. SIMS,
OF counsel for petitioner
Here follows an affidavit to the effect
that the Office of Sheriff Of Assumption
parish is worth more than $4,000, sub
scribed to by Mr.. Echeverria before F. A.
Woolfey, Commissioner of the United
States Circuit Court for the Eastern Dis
trict of Louisiana.
Upon considering the petition and affi-
davit, Judge Woods granted the follow
ing responsive order:
Let the writ of error in petition prayed
for be allowed, the petitioner having
given bond in the sum Of Two Thousand
Dollars, to operate as supersedeas in
favor Of L. A. Wiltz, Governor of the
State of Louisiana, W. +. Howell, Dis
trict Attorney pro tem. Of the parish Of
Assumption, r. L. Pugh, President of the
School Board of Assumption parish, and
w. B. Ratlif, President Of the Police
Jury of Assumption parish, as required
by law.
June 2, 1881. w. B. WOODS,
Associate Justice U. S. Supreme Court.
The writ of error issued in obedience