New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-04-26

nal jurisdiction in all civil cases, etc.
Now, writs OF prohibition, injunction and
mandamus are necessarily connected with
civil proceedings, aud if District Judge
in this city is applied to for writ of in
junction ina civil proceeding it is made
his duty under the constitution to issue
that writ and | hold now that it is i'm
proper for he Legislature-and they can
not do it under this arllcle of the consti-
tution-to strip the present District Courts
OF their jurisdiction, or confer on another
DISTRICT Court such exclusive Jurisdiction
becstlse it would be in contravention of
the principles OF Law ana OF the constitu-
ton.
Another provision of this proposed bill
is that there SHALL be an Eigh h District
Court, and the Governor shall appoint the
Judge of that District Court Now, the
Senator's must refer to the article in the
constitution which says 81 that for each
District one Judge, learned in the law,
shall be elected by a plurality of the quail
fed electors thereof" Here is a plain
provision of the constitution. But we
may be told thai there is vacancy exist
ing, and that the Governor can fill it, but
there never was any Eighth District Court
in the city Of New Orleans, consequently
there can be no vacancy here. The con-
stitution says that the qualified cleo ors
shall elect. but this bill provides that the
Governor shall appoint the Judge Of that
Eighth Dis riot Court. Not only that, bu3
the coasti ution provides thai District
Judges shall be elected every four years,
and this provides that the Governor shall
appoint one for four years, thus passing
two years beyond the next general election.
Here is another plain violation of the con-
sututional provisions.
There is another question, Mr.
President, and l wish to call the
attention of the Senators to it +;
if you give this court alone the jurisdic-
ton as regards writs of prohibition, in-
junction and mandanus, you certainly
give too much power to him; perhaps the
District Judge appointed may be a good
man, an honest lawyer, conversant with
the law and determined to discharge his
duties according to the principles of law,
honor and right. But unfortunately the
Governor may be deceived, and place in
position. as District Judge, man that will
prostitute his high Office for the sake of
lucre and gain. Then. what is the result
Eevery District Court in New Orleans is
stripped Of the right to issue these writs,
the property of the people may be almost
destroyed, yet every court must be silent,
and only this single appointee holds in his
hands the power, and can say, " am here
and have control, and unless you either
pay me or satisfy me, no writ shall issue
from this court and he will refuse an ap-
peal. however well founded in law the
claim may be. Now suppose we take
a case as an illustration A con-
fict might arise between the
city of New Orleans and the Chatta-
nooga Railroad Company for the immense
grants to this company on the levee. or
some other property that the city mi ght
claim, what is the result? One single
solitary judge holds it IN bis power to pass
upon the rights in which the whole people
of the city are interested, and this one
IAN might refuse to grant writ of in
junction to prohibit company. Or to grant
a mandamus in ease the parties might ask
for it. l hold that this is TOO great power
to confer on any Judge; the courts should
be open tO any man, and every District
Judge should be Authorized to Issue writs
of Injunction and manGamus; if you wish
to pass a law preventing courts Of concur
rent Jurisdiction from interfering with
each other, or law to regulate the ssu-
ance Of these Wits, let bill be brought in,
but it would be most difficult mater to
arrange the details. In the State of New
York, which stands highest, almost, in
The Union, for is judges and its laws,
what do we find? Ia the litigation
between the Railroad kings. seven
Or eight or ten different ipiunctions
we're issued By the Judges in the city: the
power is granted to the Judges in the dis
riots to issue these writs; il can not be
avoided; it is check of one court upon
he other, 50 that if one Judge, either
through bribery or corruption, does what !
he law prohibits him from doing, or when |
le attempts to violate the law in any wav. |
here is another Judge, perhaps, who will !
ssue the necessary wrils; and it is right |
hat it should be so-there i no conflict of |
here. do hope, Mr.. Presi-
lent. that this bill will not pass, and that |
he Legislature OF this State will hesitate
before conterring such extraordinary |
power on any one Judge. Give him that |
oower and you place in his hands the |
property and liberty of the people of the |
,ity of New Orleans I now move to lay
he bill on the table.
Mr.. Lewis: Mr. President, will the gen.
leman withdraw his motion for moment. |
Mr.. Ray: understand that the mo ion |
hat the Senator made was to take up the |
ill section by section.
The President: The motion to lay on
he table is privileged question.
Mr. Campbell: Does not the Senator |
wish to hear any remarks in reply?
Mr.. Blackman: | withdraw the motion. |
Mr.. Lewis: Mr.. President, this is bill
hat [ do not feel myself competent to
iscuss as lawyer, but there are expe-
fences that suggest themselves to the
minds of individuals, not only Senators
nd Representatives., but to the mind of
very man in the city of New Orleans
)uring last summer the courts had con-
urrent jurisdiction; one would issue
landamUS, and then another court, with
&c same jurisdiction, would issue a con-
rary mandamus, and the consequence was
hat they tied up almost everything that
Tould be presented to them of any interest
} the city. Now, sir, | am convinced
hat there is a wrong here. I do not, sir,
elieve ia the. idea that only one judge
hould have a right to issue writs of man
anus, but | believe there ought to be q
IVY that when one judge has issued writ
mandamus, when such writ has been
sued from one court, that no court of
jurisdiction should have
le right to issue another mandamus to
e up the very subject matter in the
riginal mandlmus. Mr.. President, move
lay the bill on the table, subject to call.
MIR. Ray: This bill is privileged bill,
I'd must be acted on.
Nh Lewis. I wish 10 say to the Presi