New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-04-23

l SouLhtIUu VI Luo oupcIlOE DleeiAOC No"A y
was the work of Republican Legislature,
but deny the assertion made by the hon
orable gentleman from Orleans, that it was
a court created tor political purposes; and
| l for one should be sorry to see it abolished.
And think upon comparison it will be ac-
kIOwledged that there has been as much JUS
| tice dealt ont in this court as was formerly
| dealt ont in the courts under Democratic
| rule. 1t any Democratic Senator here can
establish the fact that the Judge OF the
| Superior District Court has Ineted ont in.
| justice 10 any one on account of political
| principles, then l cay impeach him or
| abolish his court in toto. In conclusion, l
will say I shall vote for the majority re-
port.
Senator Whitney moved. as a substitute
to the motion made by Senator Eustis, the
! adoption Of the majority report.
Senator Burch-I have listened very at
| tentiyely to tho arguments pro and con
made by the Senators from the first and
twentieth senatorial districts. While l
! take the liberty of differing from them both
as to my action on this bill, desire to
say to the honorable Senator from the
| adoption of the majority report. From
political point of view this court was in
measure necessary for the welfare OF the Re
| publican party in this State; and L will
| take this occasion to say here that the
powers conferred upon it rendered it
one of the greatest bulwarks OF the
colored people in this State. l will not
now consider whether the time has arrived
when this court can be wiped out of exist
ence, its powers curtaiied or conferred upon
other courts. 1t is we'll known fact that
previous to the creation of this court there
were several courts in this State that pos.
sessed the same powers now exercised by
this court. One court, for instance, IN the
exercise OF the power conferred upon it,
would issue an order to one of its officers to
perform a certain duty: second court,
possessing the same powers as the first
court, weuld turn right around and issue
mandamus against this officer of the
first court. Thus, while an officer Of
one court was performing his duty he would
be liable to another court for contempt.
The honorable Senator from Orleans (Mr.
Eustis) said the establishment of this court
was caused by the Republican party OF this
State. If the Republican party created
this court, it was for the purpose of show
ing the people of this city how to conduct
their legal proceedings in a fair or Impair
tial manner. I have shown already what
great inconvenience and, oft times, trouble,
was caused by several courts possessing
that one court should possess the exclusive
power of issuing mandamuses and injunc.
tions-than that this trouble should
occur. Mr.. President. l shall vote for the
adoption of the majority report, which re-
fuses to do away at this time with the
powers conferred upon this court. l re-
member short time ago. previous to the
creation OF this court, when the judges and
officers of the other courts were mostly
Democrats. 1t was harder then to get U.s.
tce than it is at the present time. much
prefer owing to the condition of affairs at
this time, that this court should remain un-
disturbed in its powers.
Senator Ogden-I should like to vote for
the adoption of the majority report with
the amendments offered by the Senator
from Iberville; but will vote against the
majority report. l am willing to allow that
to remain in the bill in relation to elections,
but am not willing that the Superior Dis
trict Court shall continue to have exclusive
jurisdiction in the issuing of mandamIses
and injunctions. l am opposed also to
giving this court exclusive jurisdiction over
suits appertaining to corporations.
Senator AndersOn-I am opposed to the
bill for the following reasons: The object
of the bill Is to give to the Fourth. Fifth
and Sixth District Courts jurisdiction, in
certain cases, concurrent with the Superior
District Court of New Orleans. Owing to
the great confusion and conflict of iurisdic
ton, resulting from the concurrent jurisdic |
ton Of the district courts Of New Orleans, |
the Legislature in DECEMBER, 1877,
for the parish of Orleans, giving it !
exclusive jurisdiction in and for the |
prish of Orleans to issue writs of |
Injunction, mandamus, quo warranto. |
aud to try all cases or actions, in which the |
right to any office, State, parish or muni- |
cipal, is in any way involved" This court |
has been in operation for more than two |
l,,o Il, hot yol -,
buted its full share in the equitable admin,
istration of justice. The confusion and |
conflicts of Jurisdiction which had been
previously com planned of have, under its
operation, been avoided: and consequently |
the business of litigants has been dis
patched with greater promptitude. To
give to the Fourth, Fifth and Sixth Dis
trict Courts concurrent Jurisdiction would
be to revive the old confusion and conflict
ing jurisdictions. The system, as it now
exists, is good one, and there appears to
be no valid reason why it should be dis
turbed Therefore, will vote to sustain
the majority report.
vote was then had and the majority
report adopted.
A joint resolution instructins the At
torneY General to institute proceedings to
forfeit the franchises and privileges con.
ferred on the Mississippi and Mexican Gulf
Ship Canal Company under act No. 80 of
ST.. entitled an act for the drainage of
New Orleans, was introduced and passed
Is first reading.
Senator Whitney moved to suspend the
constitutional rule, in order to take up the
oint resolution in regard to the mpeach-
nent of Auditor Clinton, and pending this
notion the Senate adjourned until to-day
House Of Representatives.
Speaker Estilette announced the commit
ee on impeachment with other appoint.
nents.
Mr.. Lowell said he desired to call the
ttention of the House to the Revised
tatutes, section 1912, on an unfavorable
eport of the committee to examine the
ccounts of the Auditor, providing that if
hey find he had not performed his duty
he Governor shall be directed to proceed
gainst him on his official bond. and to |
rosecute him for a misdemeanor. In ac-
with this, he submitted an order to
landed another investigation, and in his !
tier claimed that the report was partisan, {
4 his organ, the Times, he had published {
q editorial claiming he only wanted fair
I'D just trial. He desired to give the gen {
eman every advantage the law gives, as I
tizen and public officer, not only in this t
,dy, which represents the people OF the G
ate. but in the courts and everywhere L
SO.
Mr.. Demas asked if a suspension of the | +