New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-08-07
JUSTICES OF THE PEACE.

JUSTICES OF THE PEACE.
1t is very questionable that justices o.
the peace in the parish of Orleans have
any criminal jurisdiction at all. The con.
stitution provides that justices of the
peace shall have such jurisdiction in
criminal cases as shall be provided by
law. Such has been the provision in the
three constitutions which Louisiana has
had during the past twenty years. Until
very lately nobody heard Of New Orleans
justices attempting any such functions.
The reason why, is simply that the
Legislature had not conferred the jurisdic-
ton. Such comforting must be express;
for nobody would think of submitting to
usurped authority in criminal matters.
Whoever would attempt to exercise doubt
full authority would expose himself to all
the perils of him who violates the liberty
Of the citizen, and this need not be
limited to suits for false imprisonment
and damages, but practical resistance and
amenability for unlawful violence: in fact
to all the rights the citizen may exercise
in self-defense
By an uninterrupted train of legislative
authority, precedent and usage, justices
of the peace in the country have acquired
criminal jurisdiction, but such authority
and precedents. in New Orleans are utterly
wanting. Prudent justices of the peace
have avoided attempting to exercise such
powers, even the few who We're disposed
to believe themselves to possess it by i'm
plication.
On the contrary, the powers Of COM
uniting magistrates in criminal cases
and the authority to enforce ordinances
by commitments, fines and brief impris-
onment We're expressly, from time to time,
vested in the Recorders Of the city of New
Orleans, and the new charter takes I'D
and continues these powers. The pro-
viding by law for such powers to Re
corders, and the omission to justices of
the peace, leads by an irresistible common
sense inference, to the denial of jurisdic-
ton in criminal matters to New Orleans
Justices and such has been the uniform
view and PRACTICE Of the bar.
Why has the Legislature never pro-
vided for criminal fees and expenses in
New Orleans, except by supporting the
Recorders courts and the First District |
Court Why do Rays Revised Statutes.
in enumerating .constables' fees for the
parish OF Orleans, say not word about |
fees for criminal cases? The same in
quiry is naturally drawn forth by the
heading justices Of the Peace" under |
which the election and functions or ius-
tees in the country are treated OF, fol-
lowed by directory provisions for COM
hitting magistrates. Following these
comes the heading justices Of the Peace
for the parish Of Orleans" under which
not a word is said about criminal matters.
There is not and there never has been
my provision Of law by which justices of
The peace could get their fees allowed in
such cases in this parish. IF there had
oeen, it would have been years ago large
md fourishing branch of jurisdiction.
On the contrary, these fees are under the
strict control of the criminal courts and
he authorities of incorporated towns, who
IAN regulate and fix them, as well as prac-
ically abolish by denying them. All Grim
nal expenses, for instance, in New Orleans
ire to be approved by the First District
Court, and it is not known to have put the
corporate authorities to any extra expen-
yes, except for the Criminal Court and the ,
Recorders Court, established for criminal
md police purposes.
The claim of power to justices is, there
ore, based upon the mere implication
aised by directory provision of law reg
Hating how committing magistrates Shall
perform their duties. This, by no means.
gives to all justices Of the peace the
to arrest, imprison and commit.