New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-09-20

demOraliZing times aS 10 perTnlt pa[tl-
san feeling to carry us away, and to cOncOct
such bill as this to destroy the rights OF
people not connected with pOlitics? Are
we. as Senators, to vote for such schemes as
this for, of all the bills we have had be-
fore us, not One-haf are as dangerous as
this But it may come back upon you in
after time, and you may be the sufferers,
and not those whom you intend to punish
by it.
Mr.. President, it often happens-and with
in the last year or two it did happen fire.
quently-that party finds it necessary, in
order to get his just dues. to take out "a
mandamus on the Auditor or the Treasurer
OF the State. Now, we had a trial of the
Auditor here. and it was alleged there was
some completely by which he allowed n
mandamus to be made perelnptory against
him, and issued a warrant for some Sll 900.
Now, strip every District Judge of the
power to issue these writs, and leave that
sole power in the hands of the new Judge !;
perhaps an individual may have a just
claim against the treasury of the State, and
II this Judge be corrupt or, for some reason,
refuses to issue the necessary writ, you have
deprived this citizen of All redress, for he
can not 60 into the Fourth District Court,
or the Fifth, or the Sixth District Court, to
get the necessary order to compel the Au-
yditor or Treasurer to perform his duty.
Dir. President, again say that this is a
dangerous kind of legislation; it looks to
no good; it is OF no benefit to the
people of the State; but it emanates
only from narrow minded prejudice,
founded alone on political reasons
Let it be set down as the handmade to
the mOnstrOus constabulary and militia
bills, which you have passed; let it stand
as monument, let it go down to posterity
as the handiwOrk Of him who stood once
here as the chairman of the Judiciary Com
mittee, and in future days. when the history
of this legislation shall be written, when
perchance, the people will rise and elect
their own representatives, when all will
stand together in peace and harmony, |
ask only then to be appointed committee
of one to carry all these bills out in the
open air, and there make a grand bonfire of
the whole of them.
Mr. Ray: Mr.. President, do not think it
necessary to argue this question, but mas
much rs the Senator has said, that it is the
intention to make political question Of
this, | will ask the indulgence of the Sen
ate to day few words. l have observed
during the whole course of the Senator, that
everything he opposes is made political
question; he seems to be haunted day and
party: it always alarms him, and
every time any measure is brought
forward, he seems to think it must
be for political reasons. Now, this bill has
no such object or purpose and venture to
say that nine lawyers out of ten, in the city
of New Orleans, will advocate the principles
of this bill. l say that, as far as my intercourse
i'll New Orleans goes, that at least nine ont OF
ten of the lawyers are in favor of this bill. As
to the citizens. l should say that they were
nearly all in favor of it. 1t is proposed to es-
tablish an Eighth District Court There is
certainly no constitutional objection to this
the lawyers think it necessary that an addi-
tiOnal district court should be established.
As to tie power to be conferred upon it,
that is merely question of policy. Then
tho Legislature has arrived at the conclu-
sion that it is necessary to establish an addi-
tional court, to be known as the Eighth Dis
trict Court for the parish of Orleans. Now,
sir the purpose is to confer on this Eighth
District Court the same jurisdiction as that
of that of the Fourth. Fifth, Sixth. and Sew
enth District Courts, and the additional jul
in the right of granting injunc
tons, writs OF quo warrantO and prohlbi-
ton. and to try contested election cases.
Now. why is it necessary to cOntne this
jurisdiction to one court! 1t has grown
out of the state of affairs which has
existed, as every Senator knows. and
everybody knows, that during the
" Hptt VI year. TIC Va
growing out Of the fact that the courts had
jurisdiction, was truly lament
able. Every lawyer and every citizen says
to the Legislature, for Gods sake do some
thing TO correct this evil: every newspaper
was full of this subject. telling us that one
Judge granted an injunction one day, and
another would grant an injunction in the
same case the next day. and it even went
so far that men were sent to jail for con
tempt of court. when writ was issued i'll
opposition to the first writ, and they could
not obey both. Now that order OF things is
not proper to exist, and in view of that
fact application was made to the Legislature
BY lawyers and citizens. stating that ii was
that the Legislature should do
something by which this confusion could be
avoided. How can this be done unless this
right he conferred Oh one judge alone!
Now we find the Senator from Claiborne
of the terrible injury to
result from giving one judge this power.
Has he got more than one judge in his dis
1t does not in ure the Twelfth and
one District Judge there. If there are
such Injuries to result from the fact
Of having but one judge in district
with these powers, would not that injury
have manifested itself in other districts!
Has any person ever heard of such q result!
Take the Parish of jefferson. there is but
one judge there, and he granted these writs
of quo warranto, injunction and mandamus.
Has any injury resulted because he refused
to grant or because he granted them! And
SO with all the country parishes. 1t is all
phantom and imagination, and there is no
foundation for this charge; if there was it
would have manifested itself in other dis
tricts Then you will see, Mr.. President
that there IL no occasion for these phil
lippics or TRADES of abuse; this bill is merely
to avoid conflict of jurisdiction which has
existed heretofore. | do not pretend to say
that any of the judges acted corruptly, but
whenever judge has the power Of grant
ing an injunction or writs of mandamus,
when they have concurrent jurisdiction in
this respect, it necessarily produces this
conflict therefore it becomes necessary to
invest this power in one judge.
Another question that wish to answer is
as to the constitutionaiity of this act Now
il any citizen cOnceives that he has the
right to question the legality Of this court,
why there is the Supreme Court i'll
the same building, and he has only to ap-
peal to the Supreme Court and get de-
cision; he can do it in a day. or in week
at furthest, then there is 40 danger here.
If the Judge of the Eighth District Court
refuses an appeal or writ, all the citizen
has got to do is to go to the other end of the
building and get decision of the Supreme
Court. am utterly surprised at the asser-
ton that this bill should have any political
object. There is no such intention, but
there is an intention to do away with the
chaos and confusion heretofore existing. 1t
is true we might invest this power in one
OF the present seven District Courts, but it
is thought more proper to establish a sep
arate court and invest this power in this
Eighth District Court; then can not see
any foundation for the assertion that there
is danger Of this Judge being b,ibod any
more than there is Of any other Judge being