St. Tammany farmer. [volume] (Covington, La.) 1874-current, 1914-07-04
JUSTICE LAND HANDS DOWN THE
DECISION OF THE ST.
PREME COURT.
NOT ILLEGAL TO
kIOMAP 4 BOY
Act No. 271 of 1910 Is Held to Be
Void and Unconstitutional, By
Which Walters Was Tried.

II have never expected anything
else. | knew I would be vindicated.
u knew that the Lord wolli net de-
ser. Inc. Bnt don't know what
am going to do now. have only a
nickel and that belongs to the ice
man. | would be glad to accept a
theatrical contract and tell the peo-
pie my story Of the case Walters
statement to the Daily States report
er who broke the news of the court 5
decision to the accused kidnaper in
the parish prison.
William Cantwen Walters. sem
fenced to the penitentiary for life on
a charge of kidnapping Hobbla Dun.
bar. was ordered released Monday by
the Louisiana Supreme Cour.. Be-
cause of legislative bungling, the law
Under which he was tried is declared
void.
The suspected tinker viii leave the
Orleans parish prison a FREQ man he.
cause there is no law In this state
covering the stealing of a male child
under IA years of age.
Walters can never be tric.t again
ia Louisiana for kidnapping Bobbie
Dunbar.
Justice Land handed down the Su-
rreme Courts decision holding that
Act 271 of 1910. is uncons:itur.o onssi
as argued by Attorney 3. E. Iln-
buisson, of Opelousas, for the defense.
Following the excitement due 20 the
Lamana outrage the legislature of
1910 set out to amend the then ex-
To- IN h4 1<0 a
capital one. An act of 1906 made
the penalty twenty years. sHperced
ing an act of 1870 making the PEN
atty twelve years.
LEGISLATORS Amended Law
That Did Not Exist.
In attempting to amend further the
former law the legislature inadver-
emily amended the law of 1870, which
did not exist. This was done IN the
phrasing of the title of the new law.
AS result the capital penalty was
rendered unconstitutional.
Article 81 of the State Constitu-
tion says every law enacted by the
General Assembly shall embrace but
one object and that object shall be
embraced in its title.
Court Holds Law
Unconstitutional.
The court held that Act 271 of
1910, under which Walters was in
dicted, convicted and sentenced is un-
null and void. Hence
the court set aside the verdict and
ordered the discharge of the accused
kidnaper.
The court, speaking through JUS
tice Land, said:
Act No. 271 of 1910, relative to
The crime of kidnapping, is unconsti
,utional because its purpose to amend
and re-enact Act No. Sc of 1908, is
not expressed in it's title. and because
t amends section SOC of the Revised
Statute of 1870, relative to the kid
1aping of children of tender age,
without mention of such a purpose
either in the body Or title of the
lct.
It is therefore ordered that Act
10. 271 of 1910 be declared uncon-
null and void, and it is
urther ordered that the verdict and
sentence against the accused be set
lside, and that he be discharged from
urther prosecution under said
statute
Attack On Law
Wins His Liberty.
An attack on the KIDNAPPING law
lnder which Walters was indicted,
.onv cted and sentenced proved the
rump card of the appeal made by
he attorneys defense.
Because the present law did not
xpress in its title the purpose of the
ct, Walters attorneys asserted, it is
and ineffective un-
Ter article 81 Of the State Coasts-
ution. This article provides that