New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-06-03
FRIENDLY JUDaEs.

the matter to a personal issue, the line
which was drawn between Judge Theard
and Judge Cooley may facilitate the ex-
PLANTATION. These two gentlemen are the
very opposites of each other, the first
named leaning to the law, and the other
leaning from it. That is, while Judge
Theard considers that it is his duty to
reconcile all the laws enacted by the
Legislature with the constitution, as he is
in duty bound to do according to our
conception of his obligations, Judge
Cooley considers that most of the
legislation of the past two years
is tainted with unconstitutionality. He
has almost said as much from the bench.
His sentiments have never been concealed
in this regard, and his speech has been so
free and outspoken that the entire city
accepted of his court as the best one to
select in contesting what is Familiarity
termed as radical legislation. On the
contrary, Judge Theard has preserved
reputation for fairness which made his
court a favorite with litigants whose
causes had no political text involved in
their discussion. He was accepted as a
judge of law and as master in equity,
because, while Judge Cooley was the
choice of the Democrats in their po-
litical controversies, when it was prac-
teal to obtain him, the Eighth
District Court was accepted by the
Republicans, first, because Judge Dibble
was known to be favorable to the enforce
ment of the laws, and secondly, because
the nature of most of the political litiga-
ton in this city for the last twelve months
has required it to be brought before a spe-
cial tribunal. The bar of the city will
bear us out in the assertion that while
most of the political litigation that has
disturbed the city for the last two years
has been contested before Judges Dibble
and Cooley, the court over which Judge
Theard presides has been gravely and de-
hberately committed to matters in the
usual line of legal business such as con-
tracts, notes, commercial regulations, etc.
The Fourth District Court has been ex-
empt from any political controversy dur
ing the entire term of its existence under
the present constitution until the case of
Larrieu VS.. Dumonteil was entered on its
docket.
For three years the community of New
Orleans has been subjected to an animated
discussion concerning certain political |
questions involving the authority of the
Legislature. Without meaning to be dis
to Judge Cooley, it is still ad- |
to state that his court has been |
accepted as the judicial opponent of many
acts of legislation which have at various
times been affirmed by the Supreme Court
to be constitutional In fact, so pro-
nounced was the outspoken opposition of
Judge Cooley to the legislation of the
State that it became necessary for the law
making power to relieve him Of jurisdic-
ton in matters of injunction and man.
damus, because his action threatened at
one time to produce great confusion, if
not positive conflict, in matters of local
government.
The Times and its Democratic contem-
ooraries have at all times classified the
supreme Court of the United States as a
friendly tribunal, " because it constantly
eaned to the duty of sustaining the laws
hat were enacted by Congress Before
he war the same court, or most of its
members, were considered as friendly to
lavery because they upheld the enact
nents that surrendered fugitive slaves
Jack from freedom to bondage. In every
tate of the Union it has been charged at
lifferent times that the judiciary was
friendly to some political issue that dis
racted the people; and only few short
ears age it was considered very doubt
IL matter in Louisiana if the Supreme
curt of the State was en- tirely free from
las in certain landed suits wherein the
Ion. John Slidell was party. But this
alter suggestion does not strictly relate
D the present discussion.
What the REPUBLICAN accepts in the
ase OF Larrieu VS.. Dumonteil is this
nat Judge Theard was friendly" to the
NV, as it was his duty to be. The State
divided in its powers between the legis-
lture, the executive department and the
ldiciary. The first department enacts
TVS, the second enforces them, and the
st declares their purport. 1t is the duty
these three departments to work in .
because they are all the mere :,
gents of the people. Judge Theard ac-
epts his duty and strives to reconcile :
lie law as it comes to him so as to make
operative. He must presume that it is
1 emanation from the sovereign power,
Id even if his sense of right regrets the =
-inciple of the enactment, his duty COM =
lis him to declare it to be the law if it '
,es not violate the constitution. If he ,
n not conscientiously do this,
S alternative is to resign. In :
q present case Judge Theard not !.
lily found the law to be valid, but he
und it to be strictly in sympathy with :,
e constitution itself. What more could !.
do than to affirm the principle which !,
us demanded his judgment through the :
ganic and the statutory law? The people =
I'd declared their will both in convention
Id DV the lIpOIS1atura To bava Iic,>r4oJ | -