The People's vindicator. [volume] (Natchitoches, La.) 1874-1883, 1875-04-03

'''0o ',i'eho! GIG they Will inter.
vene to defeat the will Of the law
power: in other words. th.>
are unauthorized from their reIat;o'..
to the other branches of goyerumsn.
from such interference, except, WIN,
it is clearly shown that an Act is :;
ercess Of legislative power; tint !.
on the prerosatiycs Of an
other department that it is VIOLATE.
of the Bill Of Rights Or that it is suH
versive Of some cardinal principle :.
the organic law.
Cooley, in bis very learned Tfeati..
on Constitutional Limitations, aif.s
reviewing the law and tho decision.
upon this point, makes use Of hi:
very emphatic aud unmistakable lan
gnage in defining the limits of iul;.
cial power in this regard. Referr,u,
perhaps, to an hundred decisions =
support the doctrine. the author says.
"ADy legislative act which docs me-
encroach upon the powers apportioa.
ed to the other departments Of n.
government, being prima facis v.li1
must he enforced unless restrictios.
upon the legislative authority can /.
pointed out in the constitution All
tie case shown to come within Il,
terms" There being no legislatiy.
encroa chmsnt upon the ether branch.
in this case, aud adopting this a ~.
established rule, where, it NAV &
asked, are the restrictions in tho Css.
stitntion Of this Safe, which debor n.
Legislature in creating a new judicial
district from limiting the terms eft1e
appointees Hereunder and from pro.
vidiny FOR an election to fill tho N.
cancy thus occurring. Whilst il.
quite trne under the ''pari mat,,hs
articles 50 and 81 Of the Constituas
that the term If Office Of Dis61
Judges is fixed for four years, Il I
not the less true, that these provisioaa
relate solely t. the tenure of Office Z
such as are elected BY the people i
preexisting or established districta
They are in no wise relevaSt, in d.
teimining the power Of the lseil<
ture to limit the term of IN appsintso
under the act establishing tho oliee
in the particular instance. It is whJll5
impossible ito point out" 10 these n.
ticlcs ''any restrictions" upon tho
legislative power precluding it,, fts6
the passage of such an Act a. the ono
in question or to show that this cise
"comes within its inhibitory termir-
wherefore tho I'd section Of the Act i
not in violation Of the constitution, y
far, as these articles arc coneerael
But these are the only articles Of e
constitution that could be violatedh
the act, therefore, no provision oftS
Constitution is violated by the Ii
A reference to the Louisiana deciisS
will show, that under our jnrsio.
dence this rule has been unifornly
recognized and observed BY tho csuri
who have perhaps gone further i
their Interpretation Of the scoped
legislative powers, than similar d.
bunals in other States. We sabied
the following as showing tho carIat
of decisions: \.
"The Supreme Court a. the suail.
ian of the Constitutional rights Of ~
prople is authorized to pronounesa
tho constitationality of tho acts of l.
two other departments Of tho eesesa.
ment, but, no act cfeither win b prs.
nounced unconstitutional msless sss-
ifestly 50 and the iHeompatibiity VII
the Constitution mast Be euideat."3x
II aud $50; 3 N: S. Az; IN. S.M;
5 r. 1913 and 8 r. 4l6.-Again, alt
tho interpretation Of Legislative ~
ers, "The Legislature Of this SUI
unlike Congress, which can do ~.
thing that the Federal consdtskas
does not authorize may do srr,J6y
that the State constitution does aosple
A;bit.'9 r. All +; u A. l@.-Ash
"The legislative power is sxpre.s !
all respects. sare wheye restricted,
constitutional inhibition" II A. 81
Again and lastly, "The LegidataA
is vested with absolute right Of
islation, except when restricted
the constitution" y, Is A. $50. VIZ
has been contended BY tho g.
plainant, however, from an ina9sg
constitutional stand point, that r..
withstanding tho limitation Of bio b.
cumbency by the statute, bis appoist
mentnent and confirmation es6(h
him to hold ever for tho estte ~
PRED term of the Office. It wocN r.
maps be difficult, for q moro untesa6
position to be assumed in any g.
ceivable aease.r 1t cannot b .ai3e.
wise than appsrentto any one I'll
familiar with the constitution as16
laws, that the provision upon W
he relies 10 not Z constitutional oks
statutory one, and as such, refssss
to vacancies resulting from -
resignation or other recognized 60
il tie cases Of parties tlleretofees
ing and exercising tho omca -
not conceived that the statate It'll =
in any wise applicable to ths 80 g
even If it were, it is certainly nsgats
ed and superseded by the later -
statute upon tho came subjeet ;
is unnecessary to refer to aathedes
on this point. )
It may he farther remarked y =
connection, that tho eopstituta
whilst it does fix tho time Il s|aeo-
Of certain officers. therein 49,
signally omits to prescribe tbe -
of election Of District Judgga - =
District Attorneys, leaving this 49,
- the election Of many other q IL
to statutory regulation. Heneet
that SHOULD tho Legislature IN u
erection see fit to change the tine 9
the election Of these officers Of Ng
II II "a - - -