New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1869-07-17
THE BENCH.

u0udHuou VI Tic JuukCldEI y COuslueIh blOu
of the interests Of party. We have sus-
tanned the impartiality of the Judiciary,
aud advocated its independence at all
times; and we intend always to do so.
But while we do 30, we shall not fail to do
as we have always done to comment freely
upon the decisions Of judges, and their pub
lie bearings. A most important suit has
recently attracted large share of public
attention. We mean that of the city
Councilmen appointed by the Governor,
and those claiming to hold from an cleo
ton called by the Mayor, without warrant
and in violation of law. This was a case
involving no sum of money and no honest
interest, such as the law would weigh as q
pecuniary matter. 1t was decided be-
tween the parties, as it necessarily
had to be, according to both the let
ter and spirit of the law, in favor of
the sppointees of the Governor. The law
expressly says that proceedings in such
cases shall be summary and shall have
preference, and go into effect as soon as
judicial authority can make them do SO.
The case did not present any of the
features that authorize, justify or permit
an appeal. None of the defendants would
dare to swear that he was interested pecu-
niarilyin the Office of Alderman or Assistant
Alderman to the extent of five hundred
dollars; nor was there involved the consti-
nationality or legality of any tax, toll, i'm
post, fine, forfeiture or penalty; nor was it
criminal case coming under the only other
provision authorizing an appeal.
Nor could any third party, citizen, or
corporation, allege any such pecuniary
interest of FIVE hundred dollars, or any
other sum, in case the judgment of which
passed no sum of money, nor passed upon
the title of any other property appreciable
IN money. 1t is proposition which no
lawyer can controvert, that in judgment
not involving a pecuniary interest or
value, no third party can allege or pretend
to have such an interest. 1t would be
nonsense. You can not have property
in what is not property. You can
not have a pecuniary interest in
what can have morally no pecuniary
value. If you have so strong preference
that you would give money to affect the
question either way, it is matter of your
own will and fancy, and if attempted or
exercised practically, would be deemed
immoral, and reprobated by law.
Neither can the city of New Orleans be
supposed in law to have any such interest
as third party any more than any private
indiTidua; whose fancy or politics or am
bition suggests an interest to him. Any
taxpayer could, like the city of New Or
leans, very justly have preference; but
before the blind justice Of the law, either
claimant of the right to administer the
taxes or public revenues would be deemed
equally honest and capable, or equally
incompetent and corrupt. That is a mat
ter for the electing and appointing power
to consider; and it is impossible for any
third party upon any prstence to allege a
pecuniary interest to gain by an appeal
delay which the law does not authorize,
and co nsequently forbids, Such an idea
would defeat the law, and render it nuga-
tory.
When Judge so far abuses bis position
as to connive at such a trickery as would
defeat and nullify the law, he ceases to de-
serve the respect of an Independent press,
and has not the advantage of being sup
posed even honest in his error. Such is
the position in.which Judge beaumont has
placed himself in the Fifth District Court.
After rendering decision In favor of the
Governors appointees, Overruling a mo-
ton for new trial, and signing the judg-
ment, without argument and with apparent
acquiescsnce on the part of defendants, he
commences as promptly to play his role in
their favor by granting 20 a third party a
suspensive appeal, and enjoining the par
ties in favor of whom he had given judg-
ment from exercising their rights there
under, adding a singular clause, to the
effect that II they do their acts will be null
and void.
We expect no Judge to decide from
a partisan view in matters of law. His
party, however, are entitled to Justice
the same as those who did not elect him,
and when he denies them that, he becomes
a contemplate renegade and traitor.
When he does this with an indecent and
shameless connivanoe and apparent un-
derstanding, he is even beneath contempt.
The law giving summary trial and
preference to cas- ss of contested elections,
Is thwarted and defeated, and Judge Leau-
mont is not only the instrument but the
active and willing mover ia cheating the
law Of Its effect he was nominated and
elected BY the Republican party to the
place he holds. 1t asked but justice, and
It's return is treachery.
In point Of law and fact, he is either in
competent or dishonest, and in either case
should be impeached. There seems to be
an irresponsible and lawless feeling among
certain public officials, who deem the reas.
sembling Of the Legislature improbable
Bat where corruption, nepotism, fraud and
disregard of Law become too glazing, even
10 Che courts Of justice, some of our judges
and public officials may unWittingly force
1 wooo...(.