New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-03-23
ORLEANS TUESDAY, MARCH 23 1875 y

cases where the judge recuses himself by
reason of laving been counsel or being in
terested, he shall call upon any one Of the
judges Of the district courts for the parish
of Orleans, whose duty it shall be to attend
and preside in such case," etc. If there is
anything in this section in conflict with
article ninety OF the constitution of 1863,
have failed to find it. On the contrary, it
is in direct accord with the article. In
making the distinctions between lawyers
and ''Other district judges" to he selected,
they are Identical, and almost contain the
precise language. Section ten is, therefore,
the embodiment of the principle recognized
in tbs constitution Of this State. Had seq
ton ten not bean enacted at all, Judge
Atocha, during his inability to act, could
have selected me to preside temporarily over
his court; article ninety covered the case;
there was 10 necessity for section ten in
the act creating this court; it was thought
best to make tue specific provision, however,
because some lawyers erroneously con-
tended that article ninety of the constitu-
tion applied to the country districts,
and not to the parish Of Orleans.
Admitting even this to be 40. the
principle being recognized by the constitu.
tion, the L .gislature certainly had the right
to apply it to q court in the parish Of Or
leans.
The qualifications required by the article
and the section quoted are fixed by articles
eighty three and eighty -four Of the cOnstl.
tuition. They are-the judge must be
Learned III the law" ''he must be citizen
Of the United States, over the age of twenty
five years, and have resided in the State
and prscticed law therein for the space Of
possession of these qualifications on my
part has not been OuestOned
Article eighty-tb Of the constitution
does not benefit the distnuished counsel for
the accused in the presentation of their
plea. 1t provides expressly that ''fOr each
district there shall De one district court,
except in the parish Of Orleans, In which
the General Assembly may establish as
many district courts as the public interests
may require. Under this provision old
district courts have been abolished by the
General Assembly, and new ones have been
established, jurisdictions have been changed,
and judges appointed, whose acts have
been passed upon and upheld by the
Supreme Court OF the State.
l have failed to discover why counsel for
the accused cited section 1867 OF the Revised
Statutes. 1t reads: ANY judge may be re-
cused or may recuse himself in criminal
cases if said judge be connected by blood or
marriage with any person charged with any
counsel pretend that judges of criminal
courts are confined in recusatiOn to the two
causes mentioned in the section3 If so,
they are again in error. RecusatiOn, as ap-
Piled to a judge, is as difficult OF definition
as the phrase. ''learned in the law" 1t
would puzzle judges much te determine AZ
to the quality and extent of legal learniDga
lawyer had to possess to qualify him to a
seat on the bench under article eigbty.three
OF the constitution. What is recnsation?
Webster defines it thus: 81. Refusal. (Obs)
?. iLaw.) The act of refusing Judge, or
challenging that he shall not try the cause,
on account of supposed partially" Iu this
definition Blackstone c0ncurs. Bouvier
says, volume two, page 432: "A recusation
is not 8 plea to the jurisdiction OF the court,
but simply to the person of a judge. 1t may,
however, extend to all the judges, as when
the party has suit against the whole
court. 1t is maxim of every good
system of law, that a man shall not be Judge
in his own cause.' As has already been
shown, judges may recuse themselves ON
account Of blood relationship in criminal
cases, aud the Code Of Practice recites
numerous reasons for which a Judge may
be reoused in civil cases. In all the cases
cited, however, there is an interest, either
OF relationship, as counsel, or some pecuni
ary connection. Judge Atocha has recused
himself for none of these causes. They do
not exist. He has selected" me. because
he is too i'll TO act himself. Article ninety
Of the constitution expressly says: sin any
case when the judge may be recused. and
when he is not personally interested in the
matter of condensation. he shall select .
lawyer" etc.
The principle laid down in the cOnstitu-
ton. the Legislature not only had the right
to define for what causes Judge may
re euse himself in certain cases, but it be-
came necessary to do SO, in consequence Of
the many doubts that envelOped the term
"recusation" in criminal proceedings. 1t
was only recently, that . criminal trial
in capital case, was vitiated in conse-
quence Of the absence of legislation, which
4, he act creating this court has now supplied.
Under the article of the constitution, and
the act approved April 9. 1874, the Judge of
Superior Criminal Court can appoint an
attorney. duly qualified, to act for him
during his absence or inability to act.
Aside from the positive law upon the
subject, the welfare, safety and positive
projection of society require that it should
be so. Instances like the pres mt unfortunate
illness of Judge Atocha may often arise, and
it would be deplorable indeed if under the
law the machinery of the courts would
have to remain imperative for months,
perhaps years, entaiiing great cost upon
State or city tor the maintenance and care
,f prisoners, and deprivinS the citizens of
The State, although charged with crime, of
an important right guaranteed by constitu-
ions, speedy public trial" The consti-
ution of 1868, and the act creating this
court, prevent such an emergency.
The plea to the jar sdiction is overruled,
md the accused are held to answer to the
Information filed against them.
INFORMATIONs FILED.
Grand larceDy-Robert Arthur.
NoLLE PRosEQUI ENTERED.
Joseph Clide-ShoOting with intent to
murder Mrs. Mary Cronan on Canal street,
August Is, 1874. All prosecuting witnesses
lave left the State.
PLEADED GUILTY.
Thomas Misunderstanding concealed
State vs. Thomas North.-Murder. Kill
ng on October l3, 1874, at No. 90 st. Charles
treet, James Collins, waiter in Magnolia
estanrant. while firing at the proprietor,
'acob Detzel. Jury empaneled.
First Dlssr1ct Court.
INFoRMATIoNs FILED.
Lefty larcany-Alex Martin, Lally Moore,
'srah Moore. Edward Johnson, Hiram
thompson, james McFadden, William
brown, Bill Haines, James Wallace, Ch.
s-cklnan, Louis johnson.
Assault and ba tery-Bertrsnd Pages,
'aul Broyard, Henry Miehl, Catharine |
cannon, Mrs. Henry. George Clark.
Assault with dangerous weapOn-James |
ACQUITTED.
Nine. Carlon, OF assault and battery; !
rank Butler, OF petty larceny.
SENTENCED.
Sampson Wiley, assault and battery, and !
'eorge Washington, petty larceny, each |
ne day.
Second District Court.
Laura and John II Compwan pray to be |
Fourth District Court.