New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-03-06

/ in the name and by the authority OF the
state Of Louisiana, and shall be sealed
with the state seal, signed by the gov
ernor and countersigned by the secre-
tary of state.
TITLE rv.--JUDIcIARY DEPARTMENT..
ART. 73. The Judicial power shall
be vested in supreme court, in dis
trict courts, in parish courts, and in
justices of the peace.
ART. "a. The supreme court, ex-
ceptin cases hereinafter provided, shall
have appellate jurisdiction only which
jurisdiction shall extend to all cases
when the matter in dispute shall ex-
coed five hundred dollars, and to all
cases in which the constitutionality or
legality of any tax, toll, or impost of
any kind or nature whatsoever, or any
fine, forfeiture, or penalty imposed by
a municipal corporation shall be in
condensation, whatever may be the
amount thereof; and in such cases the
appeal shall be direct from the court
in which the case originated to the
supreme court; and in criminal cases
on questions of law only whenever the
punishment of death, of Imprisonment
at hard labor, or fine exceeding three
hundred dollars is actually imposed.
Mr.. Bertonneau moved to lay the
amendment of Mr.. Crane to article
seventy-fve on the table.
AdOpted-yeas so, nays 2O-as fol-
lows:
Yeas: Antoine, Baker, Belden, Berton-
aeau. Blandin, Bonnefoi, Cooley, Craw-
ford, Quincy, bearing, Demarest, P. G.
Deslonde, Donate, Douglass, U. Dupart,
Duplessis, Ferguson, Gardiner, Harris,
Harrison, Hampstead, Ingraham, Thomas
Isabelle, Jones, Kelso, Landers, LANCE,
Leroy, r. Lewis, Marie, Nassicot, Morris,
Myers, Newsham, Oliver, Packard, Pinch
back, Pollard, Reese, Riggs, Snaer, Steele,
Thibaut, Twitchell, Valfroit, VaHdergriif,
Vidal, NAPLES, Wiokliffe, Wilson-50.
Nays: Blackburn, Brown, Burrel, Crane,
Depasseau, G.. Duparte, Esnard, Francois,
Harper, Z. Fl. Isabelle, Martin, Meadows,
Moses, Murrell, Mushaway, Pierce. Riard,
Rodriguez, Smith, Williams-20.
Mr.. Bertonneau moved to lay on the
table the amendment to article seven
ty-fve proposed by Messrs. Cooley,
Crawford, and Crane.
Adopted-yeas SO, nays Pas fol-
lows:
Yeas Antoine, Baker, Bertonneau,
Blackburn, Blandin, B0nnefoi, Brown, Bur-
rel, Cromwell, Deafing, Depasseau, p G.
Deslonde, Donate. U. Dapart, Duplesssis,
FRANCOIS Ferguson, Harper, Harris, Hemp
stead, Ingraham, r. II. Isabelle, Thomas
Isabelle, Jones, Landers, LANCE, Leroy,
Richard Lewis, Lynch, Martin, Massicot,
Meadows, Morris, Moses, Kurrel, Myers,
Oliver, Packard, Pierce, Pinchback, Pol
lard Reese, Riard, Riggs, Rodriguez, Snaer,
Thibaut TWitchell, Valfroit, Vidal, Wick
life, Wilson'S yeas.
Nays: Cooley, Crane, Crawford, Dema-
rest, G.. Duparte, Esnsrd, Harrison, Mush-
away, Smith, Vandergriff, NAPLES, Williams
IL nays.
Articles seVenty-fve and seventy
six were adopted as follows:
ART. rs. The supreme court shall
be composed of one chief justice and
four associate justices, a majority of
whom shall constitute quorum. The
chief justice shall receive a salary of
seven thousand five hundred dollars,
and each of the associate Justices a
salary of seven thousand dollars annu-
ally, payable quarterly, on their own
warrants. The chief justice and the
associate Justices shall be appointed
by the governor, with the advice and
consent Of the senate, for the term of
eight years. They shall be citizens Of
the United States, and shall have
practiced law for five years, the last
three thereof next preceding their ap-
pointment, in the state. The court
shall appoint It's own clerks; it may
remove them at pleasure.
ART. rs. The supreme court shall
hold its sessions in the city of New
Orleans from the first Monday in the
month of November to the end of the
month Of May. The legislature shall
have power to fix the sessions else
where during the rest Of the year
until otherwise provided the sessions
shallbe held as heretofore.
Article seventy-seyen, amended by strik-
ing cut the word al" third line, was
adopted, as follows
ART. AZ. The supreme court, and each Of
the judges thereof, shall have power to
issue writs Of habeas corpus, at the in
stance of persons in actual custody, 10
cases when they may have appellate juris-
dietion.
Articles segenty-eight, seventy-nins
eighty, eighty-one, and eighty-tWo were
adopted, as follows:
ART. rs. No Judgment shall be rendered
by the supreme court without eeHcur-
renee Of majority composing the court
Whenever the majority can not concur, in
consequence Of the reeusatiOn Of any mem.
Der Of the court, the judges not recHsed
shall have power to call upon any Judge OF
judges Of the district courts, whose duty il
shall be, when 50 called upon, to preside
in the place Of the judge or judges re
eused, and to aid in determining the case.
ART. 10. Ali judges, by virtue Of theiI
/ Office, shall be eonsefvat0fs OF the peace
| throughout the state. The style Of al
process shall be The State Of LeuisiAne
/ Ali prosecutions shall be carried on in the
same and by the authority Of the state o
Louisiana, and conclude againat the peace
and dignity Of the same.
ART. so. The judges Of all courts, when
L ever practicable, shall refer b the law, II
virtue Of which every deaRitiye judgment
igrenaered; but IN al cases they shall ad-
tiuce he reasons on which theft Judgment
| il isuRded.
Ar 81. The judges Of all eoHrtss shall b
Fs.hta e., n. = NJ far, NpiFsaN and mis-