The south-western. [volume] (Shreveport, La.) 1852-1870, 1854-10-25

Caldwell to be heard from
Showing without Caldwelll a majority in favor c
s5,oford, over Ogden of 1884; and over Garrett,
HAS votes.
The Alexandria La. } Republican, in speak
ing of the associate justices who are rWere
that time, holding a session of court at tina
place, says that H. ~ Spotford the newly cleo
ted justice did not appear to take his seat, ow
ing to his not having received his commission
and the N. o. Bulletin wiAily asks, when wil
the Judge receive his commission: We can tel
you, gentlemen, why the judge has not recelv
ed his commission, and when it will like y b'
sent to him. The law does not direct that {
commission shall BE- sent to any officer elect
until complete returns Of the election, and {
certificate of non ccntestation has been sent II
to the secretary of state; and furthermore, by
the act approved A pril g. 1853, it isrequirec
of all elected municipal, district, or parish Of
fcers to furnish to the governor certificate o.
non defalcaticn before they can receive then
commission. None of these requirements hav-
ing been as yet complied. with, (which are as
plain as a, b, Co. accounts for Judge Spohord
not having as yet received his commission,
and not until they are complied with, will the
commission be issued Now, who is to blame
in the matter, certainly not the governor, nor
any branch of the executive department.
[Baton Rouge Democratic Advocate.
The editor, or rather the private secretary to
his excellency, seems to have forgotten the fact
he is not governor, not the lieut.. governor, who
presides over the senate, nor the attorney gen.
eral, who should be, but appears not to have
been, the CONSTITUTE onal adviser of our chief
magistrate, governor Hebert. That is, if the
governor had any thing to do with the article
in question, or any concurrent and similar opin-
ion. Which we do not believe. If governor
Hebert chooses to withhold a commission, and
thereby deprive the State of the services of an
important officer supreme judge-because
the parish of Caldwell has not been heard from,
he would, probably, be correct, if Caldwell
could change the esult; the law being certain
ly indefinite on the power and duties of the ex-
ecutive, and no law for the case of no returns
from Caldmell being made and provided. Butt
the reader will reflect that judge Spotford has
more than 100 majority over the highest can
didate, and that all the legal voters, as appears
by the State and the United States census. in
that parish amount to far less than Judge Spot
ford's majority, he will scarcely believe that an
intelligent governor would withhold commits
sion on that account and by so doing deprive
the State of necessary officer. He would GER
tainly not refuse the commission when Cad-
well could not change the result
The Advocate cites the act of April %, 1858,
Up. 1913, and says that the law does not direct
a commission to issue until certificate of non
defacaton is presented to the governor. That
the chief magistrate would examine into an act
entitled "an act to secure the collection and
prompt payment Of public moneys" before he
would issue commission to gentleman dis
tlngulshed by his election to the supreme court
is not to be believed for moment 1t is a H.
bel on the governor and almost an insult to the
intelligence OF the State. What has the act |
under its title and with its substance, to do with
Judge elected for tue State at lorqe bv
The fourth supreme court district? Would the
Advocate have the Judge elected to furnish
certificate from the parochial authorities of
nineteen parishes, and from the mayors of the
various towns Incorporated in those nineteen
parishes, that he had embezzled no moneys be-
onglng to them and owed them noueht? or
would he go through the formalities of reour-
ng from our efficient treasurer of the state that
he knew of nothing like Indebtedness?
We would ask Of the Advocate, who is the
proper officer to certify that the Judge of the
upreme court, elected from the fourth district,
not a defaulter? a hard question. The act
question is intended to guard against the is
uance ofcommissions to officers who have not
ettled with the treasurer of the state for mon {
Us collected in previous public capacity, by
Which they were authorised to collect for the
tate parish or town sums OF money, until such
ums should be paid over by said officers. The
Judge of the fourth district elected to the su-
IRENE court was, it is true, previously Judge of
he eighteenth Judicial district; but it is diff
ult to imagine what SANS he could have collec-
ed in that capacity and withheld The doubt
whether he even collected his salary.
we would ask, in all soberness and GOOD
nth, have the commissions of the judges Of
ne supreme court previously elected been de-
'yed on such pretence? not, why should
us insult be put upon the people of the fourth ;
lpreme court district? We do not believe
'e governor entertained such an idea. We 8
scribe the article to aIgood dinner, and an af- r
fnoon effuslon OF our contemporary of the Ba- y
n Rouge Advocate.
The writer also mentions the act of 1eAe ~ ,
ther quotes from that act, and says that
rtlfcate of non condensation should he sent r.
g secretary of state. This could not be -,
cant seriously. That act:is entitled, can act
provide for contesting elections of parish Of
1t cannot, except for pleasantly, be 4
that it applies to the case of Judge II
scted for the State at large. From whom c
the name Of the Louisiana legislature and Il
g State, could such acertifcate be demanded r
obtained? We are Mt lnss RI L,,,- "