Southern sentinel. [volume] (Plaquemine, Parish of Iberville [La.]) 1848-1858, 1851-08-16
md the offices referred to their proper function

anu lhe olliceS rele[ed 10 tlelr proper 1uLctlO
aries.
To the judges, the judicial, the clause is
mere liberal translation of "Ne sutor guide
ultra crepidam." That the judge should |
nothing but a Judge, even within his iurisdi
ton.
Thus far unsettled, where to be exercised
whether in or out of his district, presently a
ter wurds precised, in that respect.
By arts IS. 40.
How this error could have captivated the ST
perior court is amazing, the very populace
universal to the common intendment. 1t wa
their peculiar reform. The vices of the oil
Legislature, debauched on the old parish judg
system, which like all unnatural connections, ha,
generated or rather degenerated hybrids. Thes'
the popular motives, to the call of the Conven
ton, for their extirpation. Of this %notoriet,
every body was apprised. There is but little
excuse for the apparent ignorance of two OF
the judges, none for the other two, who were
members of the Convention, and who should
have known the sense of their constituents at
least.
Judicial, in the abstract, is of what over
amount, less than s so or S 5000, 900 ad infni-
tum, and in whatever place wherever ad libitun1.
The decree at least admits restriction to
amount, not less than S SO, art. 10, how could
restriction to the place. The district art. IS.
have been overlooked.
The Judge of the 9th is no clearer defined to
not less than S so, art. 10, how could ~restric-
ton that no lawyer (off the Bench) willcontra-
dict me when | say, that the Legislature has no
power under definition, restriction of art. IS,
to transcend the district, for amount whatever of
jurisdiction, more than under definition, ~restric-
ton of amount (not less than S SO, art. 10,
to diminish that amount, to less than s so.
50 The Legislature shalle provide by law
for a change of venue in civil and criminal ca
SEES art. us.
i" We think this clearly refers to a class of
cases, other than those in which the Judge is
Reused for a cause prescribed BY laws (decree),
is refused for a cause not prescribed by law!
Until this is answered. The proposition is pre-
posterous assertion.
The proposed controversy of assertion, is con-
tradiction. However as the negative here is not
onerous, the rule is relaxed, and the negative
will be proved.
Art. lis. Is the only one, for whatever class
of eases and diverted from this matter, has no
other possible application to what ever other.
The art. is universal, and imperative. The
other class of cases if there be another-is-
casus omissus. The constitution has made no
provision for it, nor empowered the Legisla-
ture to provide for it, nor enabled the Judiciary
even the supreme, to meet unthough Of contin-
To be presently shown, that the con-
tigency was thought of thus, thought provided
for, bv art. lis or left, deliberately, without
provision.
Art. lis. is imperative, without condition,
limitation, reserve detail, the Legislature to
it was preremptory has construed it well
or i'll thus. For undne influence Of adversary
prejudice of the public mind or other cause spe-
,ial. "Party cannot expect to obtain a fair and
trial in the parish where pending. Of
he shall make attestation and proof, he
may have change of venue" Act LIST june
1916 now apply this to a Reused case.
The Judge has recused himself on record, the
parties cannot expect to obtain a fair and i'm
trial in the parish where pending nor in
Iced any trial at all without a Judge. The party
,an safely make attestation and proof if requir-
I'd but it is not, for it is all constant Of record.
auence of his adversary, or than the prejudice
Of the public mind these not essential, only H.
|ustrative. Thus, recusation imports change Of
'enue and meets every requirement Of the con-
,%titution and the law.
The restriction it is said results from the ar
.icles of the constitution creating the district
No such restriction necessarily results
iom Cart. rs, g., T., 81 nor do we think that any
can be inferred from art. 95, which has also
been relied on as creating il"
Decree.
Hitherto the.-Not agreeable task of finding
fault. errors opinional involving none of the
conventional courtesies of intellectual contro-
versy. But now the disagreeable duly Of con-
tradictlon, of material assertions, questions of
matters of fact mistated, and Of inju-
rious tendencies, nay effects, unless disappoin-
ted.
at is said etc. " of impossible diversion by
the Judge of the 9Th for no one else said any,
thing about il.
He said no such thing produce the papers
they lie beyond his reach, in the pigeon holes
of the supreme court producet, the papers will
speak better for themselves, than even a faith
full reporter.
There was no allusion, even much less cita-
ton, with the tedious precisions of the decree
Oh lEt. ~, w. 4, ., IOb CVSh w ~
discIaimed then, they are disclaimed now.
Nor, do we think any restriction can be in
ferred from art. IS which has also been replied
on. Decree.
Not null, not "also " replied on with the 9TH
ers but only and exclusively, Of the Others.
To return to errors of misconception. 1t
from art e5, a precision to civil officers and
their offices, to precincts. Itcannot be inferred,
that they should stay within the precinct, what
then, the just inference. Is it this? That cit
can be inferred they should travel out OF it!
There is another occurrence to peccant matter
man should be a judge in is own cause" the
whole papers is obscure what does this passage
mean :! In the main. their papers pretends to
be a refutation of mine an insinuation
is worse than an accusation. Do they mean
to insinuate or accuse me, Of having made
the contrary, monstrous assertions? Howev-
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