New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1874-10-25

Larue, administrator OF the succession OF
Lorenzo d. Hillermann, vs. j. B. Van Horn
and others. 25 Annual 443, that the "Second
District Court has only probate jurisdic.
on an administrators bond against the
securities, was dismissed tor the want of
! Jurisdiction. In the same volume, page
225. in the case of David A. Martin Vs. Mrs.
| L. A. Cannon. adminstratrix. and others,
the court says: THAT the Second District
Court Of the parish Of Orleans has only
probate jurisdiction, and had not jurisdic-
had been put in possession OF the property
of the succession" 1t, therefore, follows
that according to the latest decisions of our
Supreme Court, the Second District Court
ia purely q probate court with limited
powers. ] have been unable to find any
law which authorizes any suit to be brought
against any executor or administrator in
the probate court in an action of debt or
assumpsit. If the law authorizes such 0
entirely by statutory provisions. This court
derives all of its Jurisdiction and its pro.
ceedings are strictly dependent upon statu'
The O question has been asked repeatedly
in this connection, which of our courts come
up to and have the jurisdiction required BY
the act Of Congress to enable them to natu.
ralize. This, in my opinion. is begging the
question. 1t does not follow that it the
Second District Court has no such power.
no other court has. The Fourth, Fifth and
Sixth District Courts have almost unlim.
tied jurisdiction in all civil cases between
individuals, and in many of them their de-
cisions have been predicated upon the prip'
ciples of the mercantile and common law.
Before close this communication beg
leave to refer to case in the Forty y-fOurth
Illinois Supreme Court Reports, page 1874,
growing out of the naturalization OF an
alien in the Marine Court of the city Of
New York, in which the court held: That by
decision of the Court of Appeals. Sci
den, 65; 1.-The Marine Court was not a court
of record, in tue strict legal sense OF the
term. 1t may be statutory court OF record.
having certain powers of such court ex-
pressly given it by statute. and none others,
and hence it had none Of the Incidental
powers of court OF record. Having Deen
decided by competent authority TO Oe q
court of record only to the extent so de-
clared by statute, and not to possess other
powers incident to such court, We are not
authorized to hold it q court of record. "A
fair and reasonable construction OF the act
Of Congress requires us to hold that only
court of record for general and not special
purposes was intended. That act has not
declared that court of record for some
jurisdiction, nor do we believe such can be
the legislative intention
The courts naturalizing aliens must there
fore be clothed with all the attributes re-
quired by the act of Congress-. The most
of the authorities ] have been referred to
in the opinions of Judge Collens and Major
New, have examined. and while place
very high estimate on their legal attain
ments, far above my own, yet l think the
authorities do not bear them out in their
opinions. The case In 30 Barbour is in re.
gard to the county courts Of New York. The
court Gays: "That they are courts exercis.
ing common law Jurisdiction" And what
was the jurisdiction of those courts! tx.
elusive civil and criminal Jurisdiction. In
the Massachusetts case, 8 Metcalf, the po.
lice court of Lowell had also criminal and
civil jurisdiction to the amount Of $lCO; mad.
having been decided by Judge Mcr Il as
regard to the probate courts of Ohi,ean in
their jurisdiction, imagine it will beg, and
by reference to the acts creatinAf1O
courts that they were clothed with v those
pOrtant powers besides those of Tery lm-
they also exercised criminal jurisdiG1 bate;
civil. outside Of their probate pOwetlon and
After very careful and patieFs'
ination of the question you have nj e:an t.al.
to me for my official opinion, and, ,nom...on n.as
myself, with q determination to divesr~
mind of all political influences in coming to
a conclusion. 1 am constrained to say that
do not believe that under the third sec.
tion of the act Of Congress approved four
teenth Of April, 1902, the Second District
Court of this parish has the jurisdiction to
grant naturalization to aliens.
a. ?. FIELD, Attorney General.