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

should cure this evil. Now, Mr.. President,
disclaim that this ever was any political
question. I do not know what political
bearing it could have, because every man
or Republican.
Under these circumstances, believe that
the bill is a good one. l believe it will cure
the evil of conflicts of jurisdiction IN the
city. How it can be done in any other way,
l Hope the opponents of the bill will point
out to us; but they have as yet proposed no
plan by which it can be DONE hope
the refore, that the bill will pass.
Mr.. Jewell: Mr. President, have listened
| to the remarks of the Senator with great
deal of interest, but would like to have
| further time to consider. and L Will move
that the bill be made the special order for
Monday at one O'Clock. :,
Mr.. Pinchback: Mr.. President with all
due respect to the Senator who made the
MOTION move to lay it on the table.
Mr.. Ray: Mr.. President, | have no objec-
| tom to postponing this bill till Monday; let
| it lie made the special order for quarter to
! one o'clock.
Mr.. Pinchback There is bill fixed for
that time and it might be equiTalen. to an
| indefinite postpOnement.
MIR. Blackman Mr. President, will state
that as far as am concerned have no op-
! position to the establishment of an addition
al District Court. My reason for opposing
| this bill is that it should be SO arranged as
| not to deprive the existing courts OF their
| jurisdiction. move to postpone the further
| consideration of this bill to Monday and to
make it the special order OF the day III pre-
| ference to all other business.
Mr.. Plnchback: Mr.. President, / can not
see the necessity of any further time for the
req son that some time ago, think the night
before last, this bill was laid on the table
ject to call. II any gentleman desired
| to make any amendment he had ample time
| to do SO. aud if he has failed TO get his
amendment ready by this time, the fault
rests with him. shall. therefore, move to
lay the motion OF the gentleman on the
| table.
| Mr. Blackmans motion was laid on the
| table.
Mr.. Futch Mr. President. l will state
| some objections against this bill that occur
| to me. l think, among other objections. it
will result in impracticability. The reasons,
the Ostensible reasons ASST gned for the
| passage Of this bill are good; the injuries
! resulting from these courts having concur
rent jurisdiction have been pretty well dis
cussed. l say then, that the ostensible
reasons assigned why this bill should pass
are good; but think if the Senators would
reflect they will be convinced that these
reasons are merely Ostensible. The fact
that confusion exists on account OF concur
rent jurisdiction among the courts in regard
to the issuing of writs of mandamus and
injunction. has been seized upon for tie
purpose of accomplishing an entirely diff
ferent object
Among other things this act proposes to
confer exclusive jurisdiction upon this
Eighth District Court over cases arising
| under the Intrusion act" 1t certainly can
not be cOntended that because confusion
exists Oh account of writs of mandanus
,fsA niv, 1,ro f
concurrent jurisdiction, therefore. an en-
trely new court must be created with ex-
elusive jurisdiction in cases under the in
trlsiOn act; nor can it be cOntended that
because of this confusion in the issuance of
these peremptory writs. therefore a new
court must be created with the exclusive
jurisdiction to issue such writs. Therefore,
it is clear that the reasons assigned for the
passage of this bill are merely ostensible.
Now, if this bill becomes law, think this
state of affairs will exist; the Eighth Dis
trict Court will have nearly all the business
of the courts to transact. The bill provides
that it shall have exclusive jurisdiction in
these various writs, and furthermore, that
whenever suit is pending in another court,
and it becomes necessary to issue such a
writ during the progress of the case, then
the entire suit must be transferred to the
Eighth District Court. | hold that the law
requires that in such q case, the Eighth
District Court having exclusive jurisdiction
in such writs, the entire suit must be trans
ferred to this new court. Now, we all know,
that it is a very common occurrence, that
before a suit is finally decided, one or the
other OF these wrlts are issued and II so,
the whole suit must be transferred to the
Eighth District Court. What is the result?
That the whole business OF all these courts
will accumulate i'll this court, and it will he
more than one court can possibly get
Through with-such is the unavoidable con-
sci luencc of passing this bill. If parties
litgant should think that they stood a
better chance in the Eighth District Court,
all that such party would have to do
| would be to make an application for such a
| writ, and then the whole ease would go TO
the Eighth District Court, and this would
give such Il party an undue advantage, in
dependent Of the fact that the business
would naturally accumulate in this court to
such an extent as to cause unnecessary de-
lays. / say, therefore, that the reasons
signed by the Senator from Ouachita in
favor of this bill are merely ostensible and
tile intention is to obtain some other pur
pdse. which he is not now inclined to dis
clDse.
MIR. Antoine Mr.. President, | desire to
make a few remarks on this bill, though
teel sensitive on this question, and do not
understand the legal points as well as the
gentleman from Claiborne. But, neverthe-
less, | am satisfied Of one fact, and that is.
that whenever we advocate any measure
whatever, our motives are impugned and
VIE are charged with class legislation by our
opponents. Further, when the Fifth Dis
tIFct Court issues one writ of mandamus or
Injunction against citizens of New Orleans.
and the Seventh District Court issues
another writ in the same ease, quite
contrary 10 the first writ, and when the
Sixth District Court issues another writ i'll
the same case | think it is time for us to
come to the rescue OF the people. | say
that the Judiciary of the city of New Or
loans has taken away the liberties of the
people; the people have been made perfect
slaves by these city officers elected by the
people. think. therefore. that ii is time to
clre these evils, and call for the previous
question.
Mr.. Futch: The remedy can be reached
without establishing any Eighth District
Court. 1t would be very easy to prohibit
one court from interfering with the wrts of
another.
Mr.. Ray: We tried that last night.
Mr.. Futch think it would be al easy
matter to forbid the issuing OF any writ to
c5untermand the vrits OF another court OF
concurrent jurisdiction.
The previous question was ordered, and
the bill finally passed.
Mr.. Campbell: Mr.. President, l have q
ILL., that l wish to call up 1t is alrsady re-
ported on by the committee on corporations.
1T is simply allowing any number of per
sons who wish to purchase land to incorpor-
ate themselves. and enter into contract with
the State. SO that they may he authorized to
issue bonds. There is no appropriation
asked for; it is merely combination to ena-
ble poor people to purchase land, where
individually they can not. | ask a suspen-
sion of the rules to place the bill on second