St. Landry democrat. (Opelousas, La.) 1878-1894, 1881-03-12

CHo Olduu Jury, olSaAiLCO ioi CHiS
term of our District Court, on
Monday last, relative to enforcing the
law as to banking games and banking
houses, and the Sunday ordinance. It
will be seen the Judges position is
not an equivocal one, and that SO far as
| in his power lies, these laws are not to
remain dead letters on our Statute book.
He said (after having given the jury
| specially in charge the various sections
of the revised Statutes, which the law
requires him specially to charge) there
are other sections which [ consider
my duty to call to your attention,
though not specially required to do 80
by positive legislative enactment.
These are sections Oil, 912, 913, 914 rea-
tive to the keeping of banking games,
nance Of our Police Jury passed in 1877
and commonly known as the Sunday
| law. | commend the above numbered
sections of the Revised Statutes to your
serious and earnest consideration. I
| will read them to you and comment
upon them as the attention of the court
| has been called to their violation within
| it's Jurisdiction.
The law upon this subject is a reen-
actment of act No. 1879 OF 1856.
What the law meant to put down by
| their stringent provisions, was long
since judicially determined by our Su-
preme court in 5 Annual 1876, State VS.
Agudo; New Orleans VS. Millar Z A
Gal, and - A 1856, State VS. Lenares.
Said Chief Justice Eustis in 7 A 651.
'.The law evidently purports to prohibit
and punish the keeping of gaming
houses. The term used in it, of bank
ing houses, or banking games present
no difficulty whatever, as to its mean
ing. The evil to be suppressed, was the
gaming house, with its capital, always
ready for play, whether the capital or
stock is owned, or furnished by the
house or made up at the time, by the
players, the evil is the same, and the Of
Tense is the same"
The mere reading of these sections of
Revised Statutes, and the extract quo
ted from the opinion Of Judge Eusts
will show you in what light our law
and jurisprudence regards these often
games, and banking houses, but those
who aid and assist in 40 doing, or uho
engage merely IN playing such games
,chether in house or in the open field,
are equally guilty and punishable with
equal severity.
An examination of the laws, and juris-
prudence of the different States of the
American Union, will show that these
severe penalties, are not peculiar to
Louisiana. They will be found on the
Statute book Of almost every state of
the Union, in form more stringent, even
than in our own, and an examination
of their juris prudence will show their
rigid and literal enforcement, and justly
HI h;
offenses which strike at the very foot of
all others to corrupt public virtue, and
public morals.
AS to the Sunday ordinance of our
Police Jury, in my opinion, no better
law is to be found on our statute book.
That it is one which meets the appro-
baton Of very large majority of the
people of the parish is potent from its
continued affirmance and reaffirmance
by successive Police Juries since its
) adoption in 1877.
To the interest of law and order, no
law on the statute book, more loudly
calls for rigid enforcement than the
Sunday ordinance. Even partially en-
forced by our grand juries, it has been
productive Of the best effects in oul
!, parish. 1t has elevated public morals
|, | III iIdS uCClCuSCu SllhlCS IL Slttlkly
lessened the costs of criminal prosecu,
ton, and has decreased the burdens oil
taxation. If to-day there are so few
crimes committed in St. Landry com.
pared to what were committed ten
years ago, it is as much due to this Sun.
day law as to any other cause. The
records of our criminal trials before the
enactment of this ordinance will show
that many of the most heinous offences
W ere committed on the Sabbath day
, The reasons are obvious to any reflect
, ing mind. The men would congregatt
: in masses, in towns Or around country
!, stores on Sundays. Armed with dan
gerous weapons as was too often the
t case, excited by drinking ardent spirits
+ they would quarrel, blows would pas
l. and often murder. This was the evil a
e which the Sunday ordinance of the Pc
r lice Jury struck, and struck effectually
1t prevented these congregations o
. idlers. 1t removed the cause and til,
effect ceased, as a matter of course
= There are some | know who content
y this ordinance smacks of Puritanism. |
, does nothing of the Sort It is mer
police regulation which interfere
Q with no mans conscience, nor impose
Y any peculiar observance Of the day upol
any one. It merely makes the Sabbath
day what God intended it, a day of rest
suspends all business, and leaves the in
IS dividual to spend the day as he sees fl
! The highest judicial tribunal Of tn
o State in case coming up on appea
from Baton Rouge under an ordinanc
!, precisely similar to ours affirmed it
Z, constitutionality and legality in ever
IS respect, year before last, as you will Sc
by a reference to 81 A 663. Let m
therefore hope you will give the en-
% forcement of this ordinance the after
J. ton it deserves.
# In conclusion there may be many Law
which you may consider az unpopular {
y bad laws. With this you have nothin
i to do. Your province is simply to Ell
s. quire if the law as it stands on the sta
6 ute book has been violated. If you fin
:. such to be the case, your duty is to sen
II the violater before petty Jury unde
is a proper charge. If the law is a goo
70 one as a matter of course it should |
enforced. IL a bad one, then the quicl
> est and most etfectual way to bril
1T about its repeal by the power that Ell
is acted it, is to enforce it. Experien'
s. will demonstrate that as long. as al
;, criminal statute is unrepealed the SAT
and better course is to enforce it, b.
cause the passing over of any one ella
of offenders only tends to give immun
:. ty to others.
l.
IS, Prof. A. Albert, the photographer
it going to leave positively on the first
a. April,