New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-02-01

have some such effect, SO he promptly
asked that Judge Steele's name be insert.
ed in it, while Mr.. Hahn thought tina,
some Of the judges who have been elected
as Republicans and have not yet become
Democrats, would be satisfied with simple
justice. Some of the legal gentlemen
whose genius and learning illustrate the
counsels Of the lower house take issue
with Judge Steele on a recent decision
upon constitutional point in criminal
proceedings, while committee of the
same body has been for some days sitting
respectfully at the feet Of Messrs. Semmes,
New and other legal pundits to learn what
they know about Judge Hawkins. One
witness rather naively stated that, in his
opinion, the eminent judge Of the Superior
District Court is ignorant Of the principles
and philosophy Of the law, although he
won nearly every case brought before him.
We do not suppose the learned counselor
intended to convey the idea that his cases
were generally bad ones, and that he owed
his success to the incompetency of Che
court. Yet such an Interpretation would
not be by any means a strained one.
1t is little too high fight for the
average legislator to attempt to pass upon
judicial questions. The constitution has
very wisely given this duty to men
LEARNED in the law" and as even those
who are thus learned, and able to give
very ingenious reasons for the faith that
is within them, do not always agree upon
what is law and what is not, it looks a
little venturesome in body Of one hun
dred or more gentlemen, not more than
one-ffth Of whom have ever read law at
all, to set themselves up as censors of the
judiciary. If judge be corrupt, it is
matter of fact, easy to prove to the salts
faction of any honest man with sufficient
int diligence to keep awake while the evil
dence is being taken. But if judges are
to be held amenable to lay House for
their judicial opinions, there is an end
to one very important branch of the |
government. If the Legislature is to |
have confidence in those judges which |
are Of the same political faith as the ma
jority party, then the constitutional pro-
vision which gives judge term Of four
years is imperative. Mr.. Young, as an
earnest advocate, who sometimes practices
before Judge Trimble, as neighbor or
itigant, may, with good reason, have
very confidence in him. But he should
axe the proper time and occasion to ex-
press his admiration. How can the Hon.
I1r. Butler, for instance, who never had a
ase, professionally or otherwise, say on
lis oath as member of the House that
lie has confidence in Judge Trimble. He
nay cay that he has such confidence in
is friend Mr.. Young that he is willing to
onfde in anybody whom he may recon-
lend. But this would only be personal
ompliment to the author, not the object
the resolution.
Unless the House is ready to declare
S confidence in every judge against
hom nothing wrong has been proved,
lie resolution Of confidence ought to be
id aside. 1t makes an invidious distinc-
on in favor of one at the expense Of all
e other judges. We believe that judges -.
ssot, Steele, Saucier, Hawkin Lynch.
illom, Ray, Looney, Orsborn, and other
rists are entitled to confidence, and that
ey receive it, though it is not necessary
confirm it every year by a legislative
claration. They are satisfied with JUS
e, and ask for nothing more.