Louisiana ex rel. Moncure v. Dubuclet

U.S. Circuit Court for the District of Louisiana

Louisiana ex rel. Moncure v. Dubuclet

15 F. Cas. 965, 10 Chi. Leg. News 132

CourtU.S. Circuit Court for the District of Louisiana

DecidedDecember 15, 1877

StatusPublished

This text of 15 F. Cas. 965 (Louisiana ex rel. Moncure v. Dubuclet) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Louisiana ex rel. Moncure v. Dubuclet, 15 F. Cas. 965, 10 Chi. Leg. News 132 (circtdla 1877).

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Opinion

BILLINGS, District .ludge

(after stating the facts as above). , I shall follow the opinion of Mr. Justice Bradley in the case of Texas v. Gaines [Case No. 13,847], in which he concludes as follows: “We th'nkitisintendel to protect against legal disabilities and legal impediments, the free exercise of the rights secured, and not private infringements of these rights through prejudice or otherwise, when the laws themselves are impartial and sufficient.” There is no doubt but that the defendant here intended by his affidavit, to admit that the laws and methods of proceeding in the courts of Louisiana were without any discrimination on the ground of race, for the laws and the constitution make them available to all races alike. If there be any discrimination from other sources than the system of laws, or the methods by which they are put in operation, it would not be a good ground for removal under the law of congress. Let the case be remanded.

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BILLINGS, District .ludge

(after stating the facts as above). , I shall follow the opinion of Mr. Justice Bradley in the case of Texas v. Gaines [Case No. 13,847], in which he concludes as follows: “We th'nkitisintendel to protect against legal disabilities and legal impediments, the free exercise of the rights secured, and not private infringements of these rights through prejudice or otherwise, when the laws themselves are impartial and sufficient.” There is no doubt but that the defendant here intended by his affidavit, to admit that the laws and methods of proceeding in the courts of Louisiana were without any discrimination on the ground of race, for the laws and the constitution make them available to all races alike. If there be any discrimination from other sources than the system of laws, or the methods by which they are put in operation, it would not be a good ground for removal under the law of congress. Let the case be remanded.

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Bluebook (online)

15 F. Cas. 965, 10 Chi. Leg. News 132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/louisiana-ex-rel-moncure-v-dubuclet-circtdla-1877.