The New Orleans Democrat. (New Orleans, La.) 1875-1876, 1876-04-27
ACT NO. FORTy-FlvE.
IL the Act Constitutional II Will Conn
pltratc Judicial Proceedings.


rdiior Democrat ACT No. 10, extend
inst the second Judicial District so MS to
embraces the Sixth and Seventh Munict-
mi Districts If the parish OF Orleans
aud establishing court having exclu-
sye civil and criminal jurisdiction over
said districts:
This net. hurried through the House
during the closing hours OF the session
without n suspension Of the cbnstitu-
tional rule as is evidenced by the journal.
has been signed. approved aud pro
mulgated. Is this act constitutional
IF the Second Judicial District
can be extended over - municipal dis
trict of the parish Of Orleans, by parity
81 reasoning It can he extended over
one or more wards Of the parish OF st.
Charles, and an additional district court
created therein. If that were done,
there would Of necessity be two district
courts in the parish Of st. Charles. in
direct conflict with article 80 Of the con
stiiutiop Of this State. the language Of
which is ms follows "For each district
there shall be one district court, except
in the parish Of Orleans, in which the
General Assembly may establish as
many district courts rs the public in
terpsts may require. rms exception
as to the parish Of Orleans relates
which the General Assembly may in
crease OF diminish. "a the public neces-
stiles Of the people Of the said parish
may demAnd.
If to auhsprve tho public interests an
additional court was required IN shId
pntish. said court should have been ere
ated simply rs an additional court, WI y
jurisdiction extending over the entire
parish, the Judge aud clerk thereof
elective by the qualified electors ot the
pnliah If Orleans. and the benefits aris-
ing thetefrom to be.enioyed by the on
tire parish
IF another parish had boon formed
ont Of the sixth and seventh municipal
districts Of the city Of New Orleans,
and. ms a new parish, attached to the
second Judicial District. with district
court created for said new parish. such
action would have been regular aud ~
conformity with the provisions of the
constitution Act No. A.. however.
leaves tie parish Of Orleans intact, and
creates two judicial districts within the
pnrish Of Orleans. Mt the same time de
Driving the Judges Of the several dis
triet courts located below Toledano
street nhe Judge Of the Second District
Court excepted OF oil jurisdiction. civil
and criminal, over cases arising in That
portion OIL Now orleans hDpFs Joi'dHn'
street
This is the first instance in the his
tory If the State in which such u prece-
dent has been set. From the organiza-
tion Of the State until this anomalous
procedure. judicial districts have been
composed Of entire parishes only.
Again. this act IL u Migrant violation
If the constitution in this. that its clerk
is made elective by tho qualified electors
of the Sixth and Seventh Municipal Dis
tricts of the city of New Orleans. mere
fragment Of tho parish. when art. sJ oi
the constitution provides that the
clerks of tho District Courts shdH be
eiected by he qnniifed voters Of their re-
spective parishes
This act, II carried into execution,
must necessarily complicate and con
fuse judicial proceedings in the courts
If this parish.
Unconstitutional rs is generally be.
lieved, it will prove the fundamentally
by which many criminals will escape
punishment
Its creation was never demanded by
the people over whom It's jurisdiction
has been arbitrarily extended and. in
stead Of proving public benefit, it will
but neeessitnte increased expenditures
on the part Of the city. and prove detfi-
mental to the community for whose
benefit it was pretendedly created.
CITIZEN