The Opelousas courier., 1884-08-23

Times Democrat, Aug 70

1ines-Democrat, Aug
unfavorable comments having been
made IN some quarters on the action OF
dov. McEnery in sending small force
OF militia to New iberia to assure the
peace of that town, it, is only nrone,
and just to review the facts which will
SHOW the wisdom and propriety of his
action In this matter. 1t is charged,
Tor instance, that he interfered ia Che
contest for offices in Iberia and pro-
NOTED disturbances there: and that
he refused to obey all iniuaction issued
oy the district court These charges
are wholly without basis orsfoundation
as simple recital of the facts will
show
Gov. McEnery never in any way in
terfered with the officers in Iberia ex-
cept to preserve the peace and sec
ondly. no injunction was ever issued
or served restraining him fronng:ving a
commission to Judge Gates, aud no no
tlce OF any kind was ever filed at
the capital of any contests for the
offices of Judge, sheriff or clerk.
There acas an injunction issued aud
served on the Secretary of the State to
restrain him from promulgating the re-
turns of the election in Iberia, but they
had already been compiled and sent to
the public printer before that iniunc-
ton was served and there was another
INDUCTION served on the public
printer to restrain him from
publishing the returns these proceed
iprc hai.,rr q II ,,,,1l ,,,J ,,o;I -, Il h !.
no parallel in the history of iniunc-
tions since the day Durell issued his
restraining order.
The law compelled the Governor to
issue commissions to those officers
whom the promulgated returns showed
to be elected and the Governor ac-
cordingly did so III the Iberia cases.
The General Assembly then impeached
Fontelieu, which act suspended him from
office. Gates having resigned, this left
the district without any judge whatever
or any contest, whereupon Gates was
appointed, his term of Office to last dur
ing the suspension of Fontelieu.
This is the whole case When
Judge Gates reached New Iberia he
found that the sheriff elect, who had
qualified and desired to take possession
of his Office was unable to do so, the
courthouse being in the possession of
an armed mob. The sheriff, at the
head of posse, demanded possession of
the building, but found it held by Via
tor, backed by mob of negroes and
whites. Unable to secure it without
q battle, demand was made upon the
Governor to furnish troops to. enforce
the law and maintain the authority of
the State.
In accordance with this request, Gov.
MeEnery sent Col. t. A. Fairies, as
sistant adjutant general, to New Ibe-
ria to report upon the situation and to
use the local military organization if
necessary; but Col. Fairies was
warned By the Governor that his sole
duty was to preserve the peace and
preyenttrouble, which was then immi-
nent he was to follow the instructions
of Judge Gates In the use of the mill
tia as a posse, but to avoid doing aught
that would interfere with any of the
contests for the parocflial offices to be
sure that he was always acting under
authority Of warrant. Being especially y
desirons of avoiding any conflict
with the courts, the Governor first as
surea himself by communicating with
Acting Chief Justice Poche, that the
wits of prohibition and mandamus
for which Fontelieu bad applied to the
Supreme Court, had been refused
and that there was no judicial action y
his way
Ii will be seen at glance how
wholly baseless are these charges
against the Governor. He did not IN,
terfere III tile parish contests, nor die
be disregard any injunction. He sim.
Div ordered troops to New iberia wher
II became evident that it WAS necessary
TO preserve the peace there and pro
tect the town. This was demanded by
the Judge of the district aud the peo'
ple Of Iberia; and Iater events hayt
shown how necessary II was. E sayee s
the town from threatened trouble ant
riot. and itfestored peace. Nobody lla'
been hurt. and this trouble over th'
courthouse, which has been hanging q
for several months, disturbing the bnsi
ness of New Iberia and causing gen
eral feeling of uneasiness, has been de,
terrnined without bloodslied.
The situation ofthe judgship question
which put New Iberia practically IN
der martial law, seems to be abonttflIs
Judge Fontelieu, AIT all events then rec
ognized by the General Assembly as q
ff;scto, If not al De iufe, was iin peached
That suspended him dd interim Iil