New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-09-20

IHR CITY TAI EuITH.

Sunday, that the city delinquent tax lis
has not been published. But that tn
fault is entirely with the city administra
tors is susceptible Of argument. The i'm
mediate cause of the interruption is th,
mandamus issued by Judge Cooley, sit
ting in the Eighth District Court, on thu
relation of D. C. Byerly, clerk Of thu
Third District Court. And as the Time.
renders a separate opinion, concurrine
with Judge Cooley, it becomes our duty
to look into the law which should be the
guide for all in this matter, as well 70,
Mr.. Walton as for Mr.. Byerly, Judge
Cooley, the Times and all concerned.
And as We consult the statutes We find
sufficient to show at least that there are
two sides to the question. Mr.. Walton
proceeded under section nine of the act
amending the city charter, approved
March -, 1871, which we will quote:
That all taxes imposed by the city of
New Orleans, or due to the same, and not
paid on the thirty-6rst day Of July Of each
year, shall be exigible with interest at the
rate OF ten per cent per annum from that
date upon thirty days notice by the Ad-
ministrator Of Finance during which delay
there shall be three publications in the Off
cial journall, in such District Courts in the
parish OF Orleans as may be designated by
the Administrator of Finance, under the
| direction Of the Council. And the Only
process necessary for Judgment upon said
| claims or bills for taxes shall be said publ
| cation.
Now, this section was enacted as an
amendment to section twenty-one Of the
charter, approved March Is, 1870. and
was intended to repeal and supersede it.
The changes wrought by section nine are
many and important, as will be seen
upon comparison. Here is the material
part Of the repealed section:
That all taxes, licenses land dues) i'm
posed by the city of New Orleans. or due to
the same, and not paid on the thirty-trst of
July, shall be exigible after thirty DAYS
publication in the Official journal, when the
amount claimed exceeds one hundred dol.
lars, in the Fourth, Fifth, Sixth and Sew
enth District Courts Of the parish Of Or
leans, to be therein equally distributed
and when the amount is under one hundred
dollars. the same shall be exigible in the
Third District Court Of the parish of Or.
leans.
Section nine limits the number of
publications to three, while the repealed
section twenty-one required thirty. The
REPUB11CAN's interests were seriously az
fected by the change, yet We have not in
voked the old law, as We believed it no
longer operative. The amended section
is and has been our guide. The repealed |
law separated the jurisdiction, giving to
the Third District Court all suits for |
claims under one hundred dollars. The |
new law expressly gives to the Council the
right to select the courts. This provision
conflicts not only with the repealed Sec
ton, but also with section 2OO7 of the Re.
vised Statutes, page 4O1. 1t is the latest
expression Of the Legislative will, and
necessarily supersedes all previous laws,
unless its constitutionality can be sue
cessfully called in question We will
now examine the constitutional pro-
vision
ARTICLE So. For eaclD district
there shall be one district court, except in
.ral Assembly may establish as many
district courts as the public interests may
'e4uire. Until otherwise prorided. there
shall be seven district courts for the |
parish Of Orleans. with the following
original jurisdiction: The First. exclusive
criminal jurisdiction: the Second, exclusive
probate Jurisdictions; the Third, exclusive
Jurisdiction of appeals from justices Of the
,eace: the Fourth. Fifth, Sixth and Sew
nth District courts, exclusive jurisdiction
n all civil cases, except probate, when the
UNI IN contest ls above one hundred dol
ars, exclusive of interest. These seven |
ourts shall also have such further iuris.
lection. not inconsistent herewith as shall
u conferred by law.
This section authorizes the Legislature ,
0 establish as many district courts for
his parish as the public necessities may ,
equire, and Of course, the General AS
emily is the sole judge Of the necessity
Also, the courts already established by the ,
constitution are placed directly under the ,
ontrol Of the Legislature IS to jurisdic- :
ion. The duties Of the several courts :
'ere prescribed by the constitution, tenn ,
orarily, or until otherwise provided by ,
w. If the business which is directed j.,
, any one Of these courts by the consti- =,
l:ion shall, at any time, become too bur-
ensome, it may be divided, and portion :
mt to another tribunal. Were the docket
the First District Court to become :;
eighted with more cases than Judge :
bell could dispose Of, another criminal
ibunal would be established And so :
it'll the probate business, the appeals
ON the justices Of the peace, and the >
.iginal jurisdiction Of suits for claims
nder one hundred dollars.
This article of the constitution has been :.
assed upon by the Supreme Court in the :
Use Of the Pontchartrain Railroad Com g
my vs. the Judge Of the Seventh District !,
curt, % An, 565 The doctrine of that q
ecision is thus ably and succinctly sum- .
ed up by the Reporter Of the Supreme y
curt: n
Article eishty-three of the constitution =,
YES to the Legislature express and plenary
'wer to create as many district courts III 81
e parish of Orleans as the public interests r.
ay require. Under this general power,
e Legislature has the undoubted right to a.
'ntrol the organization and Jurisdiction Of "
e several district courts which it finds oe
.cessary to establish. The latter clause in a. a.
ls article OF the constitution which creates "
- vic nvlrtu fnrr ,,eI, e | ~