New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-12-28
THE FEDERAL nnuRTs.

Court at this place. AT one time it take
the form of bill to revive the WesterI
District of Louisiana and divide the cour
again. At present it has the form of con
templated bill creating Northern Distric
and assigning the present Judge to tina
district, thus making vacancy in the cour
at New Orleans.
In order to collect together all the inter
ests that desire a change and give encour-
agement and color to the propriety of such
legislation as is above indicated, vague
rumors and limitations are set afoat
which are rehash of stale and indefinite
charges of corruption, speculation, rings
and malteasances, all without specification
point, or definite application; such char ges as
are easily alleged, but such as it is incum-
bent on no one to prove. Their object
and effect are simply to create public
impression. Such means are resorted to
wherever institutions are unfxed; and
made matter of hasty legislation; and are
common wherever the local arrangement
and distribution OF such courts are subject
to change.
Now all the subjects connected with the
District of Louisiana, and the circuit of
which it is part can be comprised and
discussed in a few plain propositions,
which We believe will receive the nearly
unanimous assent Of business men and
lawyers having any interest in the matter
What Louisiana wants is fixedness in her
institutions. This does not preclude pro-
per legislation Of any kind, but il demands
that legislation in matters of fundamental
organization like the one proposed, should
have their origin in a general want or
demand, and not in the simple interest of
one or few individuals.
That the business of the District and Cir
cult Courts sitting here is and has been
arduous is undeniable. No one pretends,
however that that business comes from the
northern or western part of the State. On
the contrary, before the war, when bust!
ness was running in its natural channels,
there never was business in those parts of
the State to Justify separate organization.
The existence of such separate organiza-
ton had no effect beyond the creation of
another judgship and set of appendant
Offices, and a general inconvenience to able
members of the bar who, when called upon
to leave their homes to attend to cases, can
always do so more conveniently at New
Orleans.
1t is on no hand alleged that Judge
Durell has failed to come up to the full meas
ure Of efficiency. With wonderful clear
ness and dispatch he has met and disposed
of the whole mass of business brought be-
fore him. He is in the full vigor and ma
turity OF his intellect, and with his physi-
cal health and mental activity he can dis
pose of as much business as can be per-
formed or ought 10 be imposed upon any
single Judge.
There is no call at present for dividing
the district. Such a measure of legislation |
would be in no wise improper if there was
a general local desire or demand for another
District Court in the part of the State al
luded to. There seems to be no such
movement or want; and even if there
were. justice to the business of this dis
trict, with which he is more familiar GER
'ainly than any new appointee would be,
demands the retention of the present Judge
n this district, where he has sat as a Judge
md pfacticed at the bar for so many years.
We have said that the allegations of cor
upton, with which it is intended to bolster
Up the object sought, are vague, and in our
lrm belief, without any basis in fact. 1t is
90 much the habit, not in this district
lone, but all others where the course of
judicial proceedings has been Interrupted
y war or unnecessary legislation or
hange, fer parties having this or that iu-
crest to further, to set GU foot and seek to
reate impressions adverse to the integrity
public officers occupying the bench or 1
ositions within the scope and patronage !
court of justice. They forget that
very judicial error or act of magistrate,
r appointee of court, has its legal course i
redress. If any abuses exist, the right
'ay to correct them is by appropriate legal I
leans. That these are not resorted to is a t
trong presumptive evidence, that the '
harges are baseless, except as far as 4
hey have their origin in the disap- /
ointments of suitors. or nou-success G
very few members of the bar, in car c
cases or sustaining defenses, t
MD and utopian in their character, and t
UGH as more judicious lawyers would de- d
line to press. There is weak side to b
very case, and one or the other has to fail;
leh is the good sense and moderation of t
he bar, however, that such necessary re- 5
ats are acquiesced in. One or the other v
de is shown to have entertained illusory S
opes or theories, and the good lawyer d
Tho dismisses bis client with such sensible I
dvice and consolationis fitted to the occa- ?
ion. e
1t seems to have become the modern Fl
ashion, however, with some few disap4 ?
ointed persons Of least, to seek to effect S
heir purposes by deluging Congress, the c
ppointing power, and the press, with the 7
ow"ngs of their despair d
We will advocate any legislation shown t
} be timely and pertinent, and any re- a
rms shown to be needed in TACT or in law.