Baton-Rouge gazette. [volume] (Baton-Rouge, La.) 1819-1856, 1850-04-06

so highly prize. But as il Is ca, Y 10 fore.
see that, from different causes and from
different quarters, much pains will be TAX.
en-, many articles employed, y weaken
in your minds the convit ton Of this truth.
as this is the point In your political fortress
against which The batteries Of %interntl and
external enemies will be most constantly
aud actively Though often c~ever.ly aud
i~nsidnously) directed, it j. Of infinite mo
ment that you shot ID properly estimate
the immense value Of your national Union
to your collective and individual happi-
ness" This is the voice of Washington.
and he mr.. C) would listen to II as long
as he occupied n seat on this floor.
@The decision in the following case
being of the highest Importance 10 the
community at large, we dem II our duty
to publish it:
JoHS B. GERALD. MINOR. Us. THO
poRB b. GERALD, TUroR. -. The pla in.
tiff. who Is a minor oy.r eighteen years of
age, applied to the District Court to be-
emansipated. undrr the act Of ls47, pro-
viding for The emancipation Of minors.
The clerk ofihe District Court made the
ord"r for the family meeting required in
such cases, and appointed IN under tutor
nd hoe 10 attend sand meeting, on the sug-
ges'ion Of the plaintiff, that his under tu-
tor had left The State.
The lamily meeting advised The eman.
cipaiion, and ils proceedings were homo
LOCATED. The plaii Tiff then presented
anothef petition, spraying that his tutor
might lie ordered 10 account. The or.Ier
on this petition was made by the clerks
deputy.
The defendant took no notice Of It, and
after the expiration Of tbr legal delays The
plaintiff obtained II rule to show ra,se - Inv
a distt iHgas should notsissue against him
TO compel ubedie nee to the order of the
Court.
On The plaintif's motion TO make that
rule absolute, the defendan, rcd and
excepted to the proceedings IN the ground
that they were illegal and void tia, the
plaintiff has never been legally eipancipat.
ed and that, if he had been. he could o.
stand IN judgment. These exceptions were
overrufed, and The defendant has appealed
from The decree making the rule absolute.
The following grounds Of error are as
signed on The appeal:
Isl. The defendant was not cited I'll
If er the family meeting had been held.
Under The act Of l547 he should have been
cited before that time.
Cd. The act Of ls46. which c~onfers
%ce,'ain judicial bowers pom clerks, doss
mol confer TIE same powers upon their d..
puties.
These grounds Of error are both well
founded in law. The citation with u copy
Of the petition and ofthc order made there.
on. should have been served upon the tutor
before the family meeting WIS held, as has
been the unii.'rn practice under tn, act Of
1929, on lhe sa me subject matter.
Family meetings have not the means Of
arriving at correct conclusions, unless they
are informed Of the facts within the knowi.
edge Of the tutor.
y 1t is stated in The process verbal that the
tutor awas cited, but did no, appear at the
meeting. This Is IN error; the citation
was served four days after the family meet.
ing had been held. i
Article 10 of the constitution authorizes
the clerk Of The District Courts to exercise
important judicial powers. This IS an ex. |
ception to article 81, which invests the Su.
prefne Cou't, district courts and Justices Of
the peace, with the Judicial power Of the
State. and cannot be extended by any i'm
plication to any officers not specified in the
article. The grant of Judicial power 10
made TO an officer recognised by the cons.
.titu,ion and elected by the people--not to
deputies whom he appoints and dis
misses at pleasure.
The orginic laws Of ls46 and 1s4s do
purport 10 confer on deputy clerks the
powers vested in the clerks by the
constitution. They give them no other
powers but those previously vested by law
in deputy clerks.
Ii is urged that under the former oreani.
cation Of the Judiciary, clerks were ms
lructed with certain judicial powers, which
their deputies uniformly exercised, and
that the trainers of the constitution and The
legislature Of 1916, must lie presumed TO
known and contemplated the ancient
Legislation and Jurisprudence.
A majority Of the court do not consider
his a legitimate presump,ion-the only act
giving judicial powers 10 clerks under the
bid system, was passed in ls2s. II speaks