New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-11-23
tCommunicated.)
Judge T.. III. Dureli.

The REPUBLICAN of to-day informs Us of
the arrival of this very worthy gentleman
and jurise0nsul.
We indulge the pleasing hope that he
returns with the accustomed good health
and vigor of body and mind, which for
many wears have enabled him so faithfully
and laudably to discharge the arducus and
direrse duties of his elevated station.
We term his duties such, because from the
twenty fourth day OF June, 1863, he has
| most diligently and ably fulfilled the multi
farious functions, not only OF District, but
also of Circuit Judge. During this pro-
| tracted period, he has constantly and care
fully tried cases both on the common law
and chancery side of the Circuit Court, and
also such Us are within the admiralty, the
! bankruptcy, revenue, patent, copyright
! and criminal Jurisdictions.
! From the absence OF any Circuit Judge
| for nearly seven years, the delay to be
| gained by appealing was an object to the
| party cast or condemned, and appeals from
! the District Court had, therefore, greatly
| accumulated.
! 1t is a shining proof Of the ability and i'm
| partially with which Judge Durell presided,
! that notwithstanding this accumulation,
| vet, of his numerous decisions, very few
| were reversed.
And, with regard TO this matter Of re-
| versal, the unprofessional reader may be
! unaware that it does not always imply
| error in the opinion Overruled, or superior
qualifications in the appellate tribunal.
! Thus: the same subject often presents
| itself in q different light to two equal minds,
| and the appeal may be from single Judge
| to another.
A Judge VIII set aside his orn decision on
| a new trial. and Supreme Courts change
| their or, conclusions on a rehealing, when
no new law has been enacted. or additional
4 of ba Eyrsf iy,I
| ment. In these cases, surely no superiority
| of the court Orer stse!f is implied.
Sometimes, a long current Of decisions, on
which the Judgment below is based, is over
ruled before the case ia heard above.
At other times, n statutory provision on
| rule of court or Of practice, is repealed or
| modified between the date of the decision
rendered and tie ann uling thereof.
In admiralty, not only the law but the
! evidence submitted to one tribunal may be
altered prior to the period when the matter
| comes ND before the second or third.
For, in maritime cases, the parties have a
! right to introduce on appeal testimony
| which was not presented to the court OF the
| first instance. Il may thus occur that the
| one reyeTses on evidence never submitted to
| tie other.
The railing Of boti, would probably have
been the same had the state OF facts been
/! the same.
As there is in admiralty an appeal not
| only from the District to the Circuit Court,
| but also from the latter to the Supreme
| Court when the amount is sufficient to con-
| fer -;rrisdictionl, 4 decree OF the Circuit
| Judge reversing that Of the district, may he
| avoided by the court of the las, resort,
which may ado.. the conclusions OF the
| first Judge.
notwithstanding all the foregoing, yet the
| iudrlnent-doc,let Of this circuit for the
| District OF I.ouis;ala-shows confirmation OF
| far the. greater number Of Judge Durell $
| decisions.
This harmony and accord between his
| opinions and those OF the magistrates who
preside in the higher court of ,judicature
| will appear the more honorable TO him when
| we consider who ard what they are.
And first, il the order Of time, CT Judge
| Woods. who took his seat here the twenty
| sixth Of April, 1870. This eminent gentle
man has earned for himself q lofty position
with the members Of our bar. In him all
| have found industry and impartiaity. His
| decisions have been those OF such q Just
| and learned mind az should ever adorn the
! ermine.
And, secondly, Of Justice Bradley, who
! first presided here OF the twenty-seventh of
| Nav last ! ripe lawyer and scholar. he
| has proved himself an able and accom-
plished jur.st. Perspicuous. logical and
| learned. he has attracted the most respect
| full attention from leading members CT the
| legal profession.
Of both the circuit judges. it may be
| truly said that by their promptitude, dill
| gence and erud;tion they have well salts
| fed puhlic expectation.
The care they have taken TO protect the
| legitimate influence of the peculiar practice
| of Louisiana in the Federal tribunals will
operate effectively to the preservation Of
the civil law practice in this State.
| They have gained universal respect for
| their intelligence. courtesy and rigid regard
| for legal principles. We but speak the feel
| ings Of lawyers and suitors when we say
that the presence of these judges here will
| be always warmly welcomed. We know
that it was a matter OF deep and general re-
| greet when there was prospect OF such q
| change of circuits Is would deprive us OF
the valuable services OF Judge Woods.
| Such are the magistrates who have gen
orally confirmed the DEGREES Of Judge
| Dureil.
He has too much sound sense and good
| taste to he pleased by mere compliments
| But he has a large heart, capable OF being
! tonched by these solid proofs that lie has
received, the seal and stamp of concurrence
, from such elevated and competent jurists as
Justice Bradley and Judge Woods.
Judge Durell has also refined intellect
tanned amid doubts by this truthful tcsti
monial from one Of the Oldest practitioners
| in hia court1 that he has well and richly
won the high tribute Of approval from both
| the bench and the bar.
4 PROCTOR IN TIE ADMIRALTY.
| Wendell PhilIins ia ODnoeCi TO that Kind