New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1873-02-11

Wltnln the scope OF CcnSIlIHlIohai P'"NA. ~
the Legislature to authorize the appoint
ment of Judges 70 hold their seats tor -
term of four years.
There is no question that in framing and
ratltying the constitution, the people re,
served the right 70 elect their district ana
parish court judges. The Legislature, then,
mad no authority to import difficulties INTO
the constitution by consideration OF pubhc
necessity or anything else. wien none APP
pear upon It's face Cooleys Con. Lin
?. %.
In Oakley vs. Aspinwar, ) New York
Rep. y. 562. Chief Justice Bronson said:
Mt is highly probable that Inconvenience
| will result from following tie constitution
| as il is written, but that consideration can
| have no force with me. IL Is not Tor us, but
for those who made the Instrument to sup
| ply its defects. Ii the Legislature or the
| courts NAV take the Office upon themselves,
| or if, under the color OF construction or up
| on other speciOus ground, they may depart
| from that which IL plainly declared, the
| people may well despair OF ever beng abe
! to set any boundary to the powers OF the
| government Written constitutions VII! be
| more than useless.
"Nlv rule mas ever been 20 follow the
| fundamental law a it is written, regardless
| OF consequences. If the law does not work
| well. the people can amend 1t. and neon
| venience can be borne long enough to await
| that process. But if the Legislature or the
| courts undertake 20 cure defects by forced
! and unnatural constructions, they intiict
| wound upon the constitution which nothing
| can heal One step taken by the Leglsls-
! ture or the judiciary III enidrglnS the
! powers of the government opens the door
| Tor another which will be sure 80 follow,
| and so the process goes on until all respect
| for the fundamental law ia lost, and the
| powers of the government are Just what
| .l,th hon IN p1l them
| Under the constitution OF 1882. article
eighty-One, of this State, judges of district
| courts were made elective, az they are UNI
! der that of 1868. In 1888 tsee article No.
| 239, the Legislature undertook 20 supply
| defect in the system, by authorizing parties
| 20 select some member OF the bar To try All
eases wherein the judges were recused. The
right Of members of the bar thus to sit as
| judges. under the act, was drawn IN ones
| ton in the cases of the State TX rel. -
| vs.. Judge - An. y. o.: and Hayes Vs.
| Hayes, 10 An. p. Gi2, and the Supreme
Court held that the powerto select Judges
| being by article eighty-One of the constitu-
| ton reserved 20 the people, the act IN CUES
J ton was unconst tutlJnal.
| We may remark that the whole tenor Of
recent legislation and of the decisions il
! the State of Louisiana has become alarm
| ingly iatitudlual az to constitutional llmta-
! :iunS. and that they too often betray lnge"
| NOUS attempts 10 evade the plain letter of
| the constitution, or TO make il say wha+,
| in reality. il does not. 1t ha. be. tOrcibiy
| argued by counsel for this motion. that the
| court should look into the motive of the
! Legislature in passing the act under con-
| sideration as it would examine the motive
of a contract. We find no authority tor
| this.
| On the contrary. If we are TO consider
! the departments OF government as absO-
| Iutely independent of each other. theD It is
| evident the courts can not impute to the
Legislature any but pnblic motives for
| their conduct. 1--WE are not made judges
| OF the motives of the Legislature, and can
not inquire into the bona tideS of that body
IN dschargins its duty" People W. Ora
per. - n. T., p. SO. IN tina; case Judge
| Shankland said:
The powers Of the three departments
| are not merely equal-they are exclusive
10 respect 20 the duties assigned to each.
| They are absolutely independent OF each
| other. II We NAV institute an inquiry into
| the conduct of another department. We may
inquire also by what motives th" executive
il induced to approve bill or withhold his
! approval. and in case OF Withholding 1t
| corruptly. hr our mandate compel its APP
! prevail. TO institute I'll: proposed inquiry
! would be direct attack upon the !nde-
rendence Of the Legislature. and an usur
patlon oi p""eE e""N'As!'e IA ZIG t'hS'A'
IUii"h'
ANY legislative action which in effect and
| in fac. takes away from the people rights
and privileges which they rad reserved 70
| themselves. such that ot eiecting their
| own Judges, is Il proper SUBJECT OF Judicial
| Investigation. AMI IN such case II IS pre-
! sufnsble the L.g;>ia -ure acted WItk0u. "a
due consideration OF It's authority
While this is the settled doctrine OF tae
= l1
shat where The constitution has imposed no
iim.ts, the legislative power mas 90 '"hS'H-
cred as pfact'''iIF apSoi"'t' "lethsf Il "''t'
rates according 10 na1Irai ;hS,lce OF A"t N
particular cast me 'v"'' - az mo- ''io
guafdlahs o. the iiSh'S "a nc l'c'!io' "'.i0sS
thos" Il%At' are h'GH Z" ~ sumo s"h''i'"
tonal provision "n.ch come. %!tnlh me
!udig!di c"ShlIahc' sec 'ootf G"n
inns, p I"o, - 81 So ny. "o
tice M"rahaIi' ia fItIcne! w ieth,
I:ancA' PIP . ueci"ieus nav 'n' P"' Si !"
Nhethe: Il law oe No1" toE iSPu-H"h'S 10
the cohS' 'u'ioh "a "i '"i.S -
| HueSt!oh "i 'iluch e!,c"'!. "n'ch
ought seldom IL tfe7' 10 Nc Het'"eu III
iae ahrlh'INe III "o"9tIul o"9o
ne court. "nen 1PtileT i, pA "ut' ~ i'n "
der sucn Ju"gIIe "culu NC uH oltnH vi
ITS station couiu ~ Ne un,llhulul vi .lo
soIsLhh nohS"''oN " H4oi 'h"u e''''"n ~,
poses me "PPosl'lTh net~teN tHe cohs -.
tuition ana tho Jaw SHOUT oe suon In"t ailo
juHg" leels cIe"l "n" e'lohS II" u
biilfy WIN edou "theI; o"on II 'lc con.
NIcuoh Oh ihe ."'il III 'Ll1 Sass' anu Z. 'i ;'
Sd o"uL. eln ~, J, ;''I T..
Wi'H tu. ioti itGs
I E;'.Eti q, S1narinr Cor, +ha, thn act
&c ;iIa+nra .reatina ,bn,n ,rara an.
~ u;,o ~, .ha constitrt;on Mi. conf
rr,U, Go vain thing 70 do otherwise than
w "'u Ino,r,,;1e ia Jarision a. tba h.st .v;.
| :" 1'O0 ~ - ~