New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1876-09-17

| provocative to very eneIget1c lnteISoA
ton on her behalf. Even now she doe
not stand as fairly as she did at the com
mencement of her recent troubles.
WRONG WITHOUT A REMEDY.
The cases of the public market mel
against those who keep private market
within twelve squares of them presen
some curious and highly Objectionable fea
lures of the Judicial hierarchy of the par
ish of Orleans The result thus far ha
| been the absolute fsilure of even the ap
pearance of justice. For nearly three
years the contest has been going on
neither side gaining any substantial o.
permanent advantage. The plaintiffs have
tried both civil and criminal suits to en-
force the provisions Of the law which wat
passed for their exclusive benefit, with 9
manifest preference for the civil side Of
the court.
After long contest the Supreme Court
decided, on the points then raised, that
the law was not unconstitutional, but
new questions have been presented since
then, and, at the next term, the act may
be overthrown. On this the Superior Dis
trict Court was asked to issue, and did
issue, injunctions to prevent the selling
Of meat contrary to to the act for the
benefit o. the monopolists. But Judge
Hawkins, though giving no decision to
that effect, was evidently averse to enforc-
ing it by making rules for contempt abso-
lutte, when the effect would simply be to
subject to Imprisonment men earning an
honest livelihood for the sole benefit Of
others engaged in the same business. The
injunctions being of little value, then, the
cases were allowed to sleep awhile and the
Criminal Court tried. But no jury could
be found to convict. The private market
men were then at peace.
But with the accession of Judge Lynch
to the bench of the Superior District
Court the war began again. Nearly q
hundred dealers in meat are sued in that
court, one case, not yet brought up, hav-
ing eighty-nine defendants, and over
twenty suits brought. Every variation Of
parties, plaintiff and form of petition has
been tried. Under the ruling of Judge
Lynch, the one found most effectual, and
the cause of the present judicial embrog.
lilo, is suit by the lessee of the market
against all parties within twelve squares
who sell meat and pay him no rent, ask
ing that they be prohibited, and claiming
$500 damages. On such q petition, with
out examination of the merits, Judge
Lynch CONSTITUTES the Law to require him
to force them to close their shops. A re-
fusal to obey insures q sentence of ten
days Imprisonment in Jail.
Three other judges Of this parish have
been appealed to by writ of habeas cor
pus to release them, each having a diff
ferent legal question to determine. Two
have refused the writ, and one granted it
pn the ground Of want of jurisdiction.
The prisoners are released and the Su-
perior District Court orders their iinme-
date rearrest. They will again be com.
mitted, again released, and the game will
go on till the Supreme Court interferes.
Perhaps before then more irregular pro-
ceedings will edify the public.
Judge Lynch is probably conscientious
ly and technically correct, but it is con-
trary to all American ideas of justice that
! man should be sent to Jail merely for
gaining an honest livelihood in the pur-
suit of legitimate business
But the great trouble is the court sys-
tenn of this parish. Other parishes have
but one court, and the people are not
Ve1ed by conflicts and jealousy between
It and other courts. 1t pursues the even
tenor of its wey, is governed by its own
precedents, until a higher authority pre-
'cribes different rule, and there is that
advantage Of certainty which all admins
tration of law should exhibit.
In Orleans there is nothing, not even
The verdict Of jury, so uncertain as the
decision of a district court on a legal
point. We have eight of them, three of
precisely similar and rival jurisdiction,
giving the plaintiff the unwarranted ad-
vantage of selection over the defendant,
and five of varying jurisdiction, but all
equal and in many cases each able to re-
view, sustain, attack, and perhaps destroy
he decree of another. They are not
governed by the course of decisions of
each other, nor do they follow precedents
Of their own. A change on the bench of
! court may completely reverse the atti-
Jude of suitors. The only restriction is
what is called "the courtesy Of the BENCH
but Of that there is very little, nor should
it even be sufficient to avoid well con-
ceived conclusion.
The result is that on every important
question of polity the opinion of every
Judge is sought sooner or later, in one
form or another, with deliberate purpose
% produce clashing of DEGREES. 1t has
always been so since the first constitution
Of Louisiana. As business grew, the
Legislature, instead of increasing the
number of occupants of single bench,