New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-06-10
CARPING AT TIE JUDICIARY.

cial knowledge of the law. makes tne 1o'-
lowing observation:
Every one who loves law and loves Jus
tee must have been deeply PANIED ny sone
of the recent rulings OF our Supreme ooA''
Our experience shows.us that most pep
pie love that law and that justice WHICH
favors their immediate personal interests
and naturally reject everything that runs
apains. them. Necessarily, therefore,
there are more people who profess to love
law and justice than there are VINO are
able at all times to recognize them "nen
they see them. If every man Is 20 De a
;udoe in LII, own cause We may dispense
with courts altogether. since no decree
that can be rendered, no Interpretation OF
the law will satisfy both the parties lti-
can't; and if he who is cast may assam the
court and complain that he has been de-
frauded by corrup: or ignorant judges,
nothing will ever be settled unless an ap-
peal be had to physical force. The lmme'
date cause Of the complaint or reflection
upon tie Supreme Court above quoted is
the action of that tribunal upon tLc sew
eral cases Of contested election which
have been determined since last election.
1t is assumed, of course. that ali parties
submitted to the authority OF the Supreme
Court as the final arbter in the matters in
dispute, and that everybody concerned was
actuated by love Of law and justice. But
as the Fusionists lost their case. they let
their temper and their confidence IN
those who fill the high seats Oh our Su-
preme bench go along with it.
4 simple theory Of what is law. right
or Justice is o: no value SO long as 1t Is
disputed or opposed by another who has
one that is irreconciliable with it, and
possesses the power to maintain it. A
reference of tae dispute to third party
would probably result il decision
against one or the other Of the contestants.
when he that is defeated includes the
empire in his denunciation. If a man
vii! no: surrender his opinions under
any circumstances. he sets himself up as
his own law maker. and becomes public
nuisance. This is jus: about the position
in which our Fusion politicians have
placed themselves. They attempted to
cheat the voters of this State out Of their
right 20 elect their officers. But having
overreached themselves were defeated.
and now blame not themselves, but the
impartial tribunal before which they ut
terly failed to make their case good. AS
they were determined from the beginning
to stick to their opinions. right or wrong,
they have transferred sthe war from the
opposing political party to the court that
had the authority to settle the dispute de-
fnit;veiy. The ballot box suffers; those
who falsely counted the votes: those who
bribed, threatened and intimida.ed; those
who traded throughout the canvass and
were either buying the influence of others
or selling their own every day for three
.Ioyers Of law and justice who are
"deeply panied" because the Supreme
Court of this State refused to lend its
sanction to sustain a stupendous fraud.
If there was any usurpation in the mat
ter of the returning boards, it began in
the Eighth District Court. where the case
was introduced. The constitution limits
the jurisdiction Of the district courts to
cases involving {: value Of one hundred
dollars. and that Of the Supreme Court to
matters OF FIVE hundred dollars. Clearly,
if the object liz dispute was worth any
thing il Was worth five hundred dollars,
and if it was not worth one hundred dol
lars neither Judge Gilmore nor Judge
D.bbie had any jurisdiction over it. Ii
the jurisdiction OF the Supreme Court is
denied, that Of the Eighth District Court
cannot be conceded, for the rule that re.
jects the one denies tie other. And if the
Eighth District Court had no Jurisdiction
its dec.ee il the controversy was without
any effect. But every one except those
who love that law and that justice that
serves their interests, rejecting all that
does not, is well aware that, under oul
laws and the practice of our courts, both
courts had unlUestioned Jurisdiction. The
difference is, the Supreme Court exercised
a wise discretion in the matter, which the
court a." lacked.
In the case of Morgan vs.. Kennard, the
court was aided by law which was
passed for the purpose Of arriving at a
speedy termination OF very plain CUES
ton. There is no force in the charge that
this act was passed to put Morgan on the
Supreme bench, for it had no more etfec.
tia: way than i: had to keep kennard
there. Under it, the Superior or the Su-
preme Court was free to decide in favor
Of either OF the litigants: but it put an
end to controversy thai might have
been pro.racteG till this time. and saved
few hundred dollar. for coUuse! fees
which the contestants would have been
compelled to pay. On the trial, it was
necessary t. determine which was tie
better OF tie two commissions. which
forced the court to inquire into
the authority o: the officers who
Issued them. THe decision could
no: have tce,. reached il any
othe: manner. Tie very po;n: at issue
was the legality o: Governor Pinchback' 5
appointment: and the confirmation BY tie
Senate. p.ncLLack's commission. would
La-a ieon y u ac1. a. wnst, ,Aa1lar .1ria.,