The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-12-17
AN IMPORTANT DECISION.
Jurisdiction OF Justices OF the Peace in the
Parish Of Orleans, in Suits Against
any Steamboat, Steamship or
other Vessel, or the Master
and Owners Thereof.

State OF Louisiana, ex relatione W. p. Wake
Master of Steamboat Quincy. and the Seven,
Justices Court for the Parish OF Orleans.
Third District Court for the Parish OF 0
leans, No. 22.2l4.
APPLICATION FOR WRIT OF PROHIBITION.
The REALTORS allege that one Eli Thoma
has instituted suit before the Seventh Jus
tees Court for the parish of Orleans agains
the steamboat City Of Quincy and the captain
thereof, entitled ELI Thomas vs. the Steam
boat City Of Quincy, j. b. Wood x Co.
agents, and others" to recover from thes
latter a sum of three dollars and fifty cents
which he claims for some manual labo
alleged to have been by him performed
on said steamboat in loading her carg'
while in the port of New Orleans. Tha
at the time the aforesaid suit was insti
futed, the said steamboat City Of Quincy lay
noored at the head of Julia street, within tn
territorial limits of the Second Justice of tn.
Peace for the parish of Orleans !; that being az
action instituted against the steamboat City
of Quincy, and the captain and owners there
of, and not an action against William l.
Walker as an individual, nor against any al
legged owner individually, said action thus in
6ttuted before the Seventh Justices Court is
in violation Of the provision Of sect. 21O1 OF
the r. S. of 1870, and that said Seventh JUS
tees Court cannot, without exceeding the
bonds of its powers, take cogniz ,nce of the
same, which falls within the exclusive juris-
diction of the Second Justice of the Peace for
the parish of Orleans and the REALTORS further
allege that the pretended claim of said Eli
Thomas, is an admiralty cause, and the courts
Of the United States had and have exclusive
jurisdiction over the same. Wherefore rela-
tors pray for u writ of prohibition, forbidding
and restraining j. w. Falls, Seventh Justice
OF the Peace, and said Eli Thomas, from tax
ing cognizance of and proceeding with the
aforesaid suit Of Eli Thomas vs. Steamboat
City of Quincy. J. B. Woods 4 Co., agents,
and others The respondents, J. w. Falls,
Seventh Justice ofthe Peace, and Eli Thomas,
at first except to the REALTORS proceedings on
several grounds:
l. The REALTORS petition discloses no cause
OF action for the writ OF prohibition
2. The Third District Court cannot exer-
else and maintain the jurisdiction of Justice
of the peace, except in the manner pointed
out by law, and this court cannot revise or re-
view any case under writ OF prohibition when
the amount involved is less than $40.
3. That the act creating the Seventh JUS
tees Court gives to said court the absolute
concurrent jurisdiction with each aud every
justice of the peace for the parish Of Orleans.
4. That this court cannot take cognizance
of this case in the manner presented by the
relatOrs herein, because, among other things,
the writ Of prohibition can only issue in aid
of the appellate jurisdiction of this court,
and that the REALTORS proceedings are prema-
ture, because it is not known what judgment
will be rendered by the Seventh Justice of
the Peace on the trial of the suit against the
steamboat City Of Quincy and others. And
pleading to the merits of the relatars Pc
the allegations of said REALTORS, and say that |
all the proceedings had in the suit of Eli
Thomas vs.. the Steamboat City of Quincy |
ct ais. are i'll strict conformity with law and |
facts.
FIRST Exception The REALTORS petition al
leges 'fhat at the time of the institution of
the suit Of Eli Thomas vs.. the steamboat City
of Quincy and others, before the Seventh |
Justices Court, the said steamboat lay moored
within the territorial and exclusive jurisdic-
ton of the Second Justice of the Peace of the
parish of Orleans, and that said Seventh JUS
tees Court, by assuming jurisdiction over
and taking cognizance OF said case after n
frutless application by the REALTORS for relief,
is exceeding the bounds of its authority. The
same petition further alleges that the claim
sued on arises from an obligation governed
by the maritime law, the cognlzance of which
properly belongs to the United States Adm-
rally Court, to the exclusion of the State
Courts" The writ of prohibition is an order
SAat loSuco lIoA bl dppchatc CouIt ulIcCCcu
10 the Judge OF an inferior tribunal and to the
party suing in q suit before that tribunal, for
bidding them, in the name of the State to {
proceed further in the cause, on the ground [
that the cognizance of said cause does not be-
ong to such Court, but to another, and that |
t is not competent to decide it tart. SAG g. P)
The above facts and allegations being to be
taken as true, for the purpose of this excep- 4,
ion, the REALTORS petition certainly dscloses, i
III Al
action for the writ of prohibition. y
Second and Fourth Erceptions-The grounds !
If these two exceptions being as it were |
linked together, l think it proper not to con- l
slider them separately. The Third District /
Court is vested by the Constitution of the /
State CART. S3,) with the exclusive jurisdic- t
lion OF appeals from the Justices of the
Peace in the parish of Orleans, when the t
AMOUNT in dirpute exceeds ten dollars,
exclusive of costs; but the Legislature of the
State, by virtue OF the power conferred upon a
he law maker by the Constitution, extended a
he jurisdiction of the Third District Court Il
,ver other cases, and gave to this court Il COM j
,lete and absolute revisory power over the c
.cts of the Justices of the Peace in the par Il
sh Of Orleans and Of their constables. Sec
ion 2Ol3 OF the r. S. Of 1870 provides that v
the Third District Court shall have excu- t.
i've power to issue writs OF ceriordri, prohi-
)ition, mandamuS, and such other orders to a
he Justices of the Peace as may be necessary t
o carry out its appellate jurisdiction, or to "
prevent them from extending their jurisdic- Il
ion, or denyingQjustice to any one, and in all p
asses when a party shall have cause of COM a
,laint Of any judgment Of Justice of n
he Peace, or act Of any Constable of q Justice h
# the Peace, or'his deputy, and shall think o
roper to apply to higher court for relief by p
1rits of injunction, mandamus, sequestration, b
ction of nullity or otherwise-it shall be to a
be Third District Court only, and to no II
Their, that he shall apply for relief" From Il
orrect Interpretation OF the above section Of Il
he r. S. OF 1870, altogether clear in its text
nd free from any ambiguity, am OF opinion p
hat the writ OF prohibition may issue from d
his court, not only when it is necessary to el
le exercise of its appellate jurisdiction, but b
, any case, whether appealabe or not where W
is necessary to prevent the Justices of the II
<has~ | -.