New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-02-23
JUDGE HAWKINS AND THB SUPEhlOI
DISTRICT COURT.

JUDGE HAWKES. AND THE sUPRA10.
{. DISTRICT COURT.
q The Superior District Court haS, bee
the object of many assaults since the LAY
!, created it. Almost all these attacks hav
come from those who are openly the enc
: mics of the government of which it is a
important part. The provisions Of tn
law have not been severely criticised TO
in themselves they are approved by tn
majority of the bar, but have been onl.
l. denounced by the opposition press
creating Republican court. On the pre-
>. siding Judge these attacks have been bite
and unwarranted, but not more so thar
on other members of the government.
These circumstances should commend
the court to the supporters Of the govern
ment, but it seems to have enemies-ever
in the house of its friends. Already bill
has been introduced destroying it and dis
tlibuting its business among three othe,
courts by an arbitrary rule which entirely
disregards the character of the case.
There appears, however, to be very little
life in the bill and it probably will never
reach the enrolment committee. The
object of the bill may have been good
one, but such measure is unadvisable at
this time.
Another, as yet undeveloped, expression
of disapproval has bt IN suggested which
is less defensible, and could be produc-
tive of nothing but harm. A few, who
may have been disappointed in certain
ways, or, perhaps, influenced by the
clamor of our open enemies or the secret
insinuations of pretended friends, are
said to be seeking notoriety by impeach-
ing the judge. In all the acts which
White League enemies or lukewarm
friends condemn no legal cause of i'm
parchment has ever been presented.
But Republican member of the House
Of Representatives is said to have discov-
cred in one Of Judge Hawkins DEGREES
sufficient ground for resolution of i'm
parchment, or at least of reference to q
committee of investigation. There is no
necessity for such a committee. All TIE |
acts Of the court are matters of record,
and have been made public. The legality
and effect are apparent on their face, and
subject to revision by higher authority.
Not one of them but has BONE the test
of adverse comment by bitter partisan
foes, and all proclaimed as in the interest
of the government.
This is natural method of attack by
political enemies, but now it is claimed
one Of these acts calls for investigation by
those included in the denunciation of it.
Briefly it is this: When the government ,
was in extreme peril by rebellion in
the middle Of last September, with a scat
tered militia, demoralized, unpaid po- {
lice. depleted treasury kept empty by
The Democratic policy of tax resistance,
IN motion Of the Attorney General Judge I
Hawkins issued an order transferring G
100000 lying idle as an interest fund to c
he militia fund. This was essentially @
Measure of the government for its own S
reservation. BY this means it performed Q
is first duty and protected itself. In the r
Judgment Of the court the government of r
he State was justified in using for its il
enefit funds that had accumulated for a b
Amor purpose and devoting them to e
lgher one. 1t was judicial act in ac- ii
ordance with and even commanded by
ne oath the judge took to support the Ii
overnment. ~
Whether this act or order of the court | O.
construed to be within or beyond the e,
over of the court is purely legal ques- p
on to be settled either by revision by the e1
'urt itself or by the Supreme Court. If n
legal the latter tribunal may soon have p
,casion to decide SO in the case of the "
ate VS.. Longstreet ct al. Until then it tt
1st rest as the judgment of the court Ii
questioned With it the Legislature "
IS nothing to do, unless it consider the vi
lestion in the form of bill to make Sc
DIVISION for the interest fund. ST
The action Of the judge was the ex. D
ession of a judicial opinion on question vi
,ularly submitted to him, and signing tn
order embodying in the ordinary way wi
9 legal effect of his judgment. This is
t, nor has it ever been held in this
ate to be, an action for which impeach-
mt will lie. If it were charged that the wa
lge descended from his position to reap tia
eward for his opinion, that would be, full
veil founded, ground for impeachment. col
t no possible advantage, other than me
in the general welfare, could ella
derived by the judge from this order, as
: could he be affected by it in any way. full
e absolute absence of motive for wrong low
ng is in this a confirmation of the pro- col
ton Of their opinions judges have SUI
avs enjoyed. Ma
t will be well for such members of the anc
,islature as are personally opposed to to
lge Hawkins, to consider whether thew me-
not perform their duty and benefit the has
tie in other and better ways than in de- Let
ng plans for his impeachment, which the
be futile to produce any other result dow
q discord and mischief. evil
tint