The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1874-12-02
A PRECEDENT.

The recent decision of the q. S. Supreme
Court, in the case of the Vicksburg and
Shreveport Railroad, having placed the Chief
Justice of this State in a very unenviable po-
sition, and the bar having in contemplation
some action on their part in the premises, We
submit for their consideration the following
report Of case that occurred in Canada.
In the April number of La Rerue Crtiq.e
de Legislation ct de Jurisprudence du Canada
is an extended account of the difficulties be-
tween the Government and the Montreal bar,
arising out of the constitutional and alleged
ineficiency of the Court of Queens Bench.
At a meeting of the bar it was
| Resolted THAT the administration of JUS
| tce in the Court of Queens Bench has been
| for some years past inefficient, unsatisfactory
| and destructive of the confidence which should
be reposed in the highest court Of the Pro-
vince; and that. in the interests Of justice, an
| Immediate inquiry by royal commission into
| the causes Of such u iamentable state of affairs
| is imperatively required"
ResoIced That, in view Of the foregoing
| resolution. the bar Of this section abstain from
| pleading before the Court Of Queens Bench
| during the present term, and that the chair
| man OF this meeting do communicate this and
the foregoing resolution to the said Honorable
| Court.
| The Court of Queens Bench consisted of
Chief Justice Duval and Judges Badgley,
| Monk, Taschereau and Ramsay. The Chief
Juetice, a man of ability, had become inca
pacitated by age and infrmity from attending
to much business, and had quite regularly
absented himself Of late. His temper, also,
when he was present in court, was found to
be uneven and infrm; and the Government
had lately appointed Hon. T. j. j. Loranger
an assistant Judge during the illness and alb
sence OF the Chief Justice.
Judges Taschereau and Ramsay were recent
appointments and good judges. Judge Badg-
ley, judge of great learning, had become so
deaf as to interfere seriously with his capacity
for work. Mr.. Justice Monk was charged
with partially and being secretly influenced:
and generally it was suspected that the Mont
real judges favored certain lawyers in the
Montreal district, and that the Quebec judges
were partial to lawyers in the Quebec dis
trict; and the general discomfort finally Gull
minated in the above unprecedented action OF
the bar The resolutions were presented to
the court, and the members Of the bar alb
sented themselves regularly, SO that the term
came to close without the transaction Of any
business. This promp. and decii ed action of
the bar, after provoking slowness and many
delays ON the part of the Government, has
wrought the desired change, and the Chief
Justice resigning. Hon. A. A. Dorion, Minis
ter Of Justice, and to whose door has been
laid, not only the appointment Of the judges
whose course has Occasioned this action OF
the bar but also the slowness Of the Govern
ment in recognizing the court, has just been
appointed his successor. Judge Badgley also
resigned, and Mr.. Justice Sanborn succeeds
him. Leave of absence has been granted to
Judge Monk, and it is probable that he will
be forced to resign; so that the bar may con-
graduate themselves on the success OF their
public spirit and unity and energy of action.
This whole transaction furnishes an argument
for the organization of the bar into associa-
tons to provide for the common defense, and
promote the general welfare. The scandal of
a court in part composed of men who, if not
corrupt were commonly supposed to be ac-
cessible to secret influences, had already
reached our rs in connection with some re-
cent extradition cases. before this explosion
occurred; and we are in hearty sympathy with
the position that the leaders of the bar led it
to assume.
Here, now, is an instance showing the
power of the bar when it will act in concert.
On the receipt OF the full decision of the G..
S. Supreme Court, which rejects SO severely
upon the personal honor and integrity Of
Chief Justice Labelling, we will be much
mistaken in the character OF the bar of this
city if they do not take some action to vindi-
cate the purity and incorruptibility Of the ST.
preme Bench.