Le Louisianais. [volume] (Convent, La.) 1865-1883, 1877-05-12
State of Louisiana, Fourth Judicial

State OF Louisiana, curtin Jutilclal
District Court in and for the parish of As
cension.-S:ate Of Louisiai,, e. rel Fred
Dntsel, District Attorney pro tempofe, ct at,
rersus Morris Marks.-This case came up
regularly for trial on the exceptions and
merits. as per assignment, on the 23rd De-
cember, 1876, when after hearing plead
ings, evidence and argument Of counsel,
the Court tool the case ent'er advisement
and now renders the following decision:
The Court. considering that the excep-
lions filed herein by the defendant are not
well founded SO far as the action of the
State under the intrusion act is concerned,
Int that the %relator, Oh. Flagg, shows no
interest in this cause; the evidence show
i1fE that he is .functns otfcio. hat he was
defeated at the last election by the defend
ant who was commissioned, qualified and
indicted into office. 1t is therefore order
ed, adiudged and decreed that the excep-
tons Of the defendant be dismissed so far
as the action of the State is concerned,
and sustained as to the r%elator. Oh. Flagg.
On the merits of the ease Of the State,
under the intrusion act, the Court ccnsi-
drrs that the defendant has fully proved
his eligibility under articles g and "a Of
the Constitution. 1t is to he noted that
the defendant agreed, although defendant
10 open anu CltsC ~ CdSSs JUL III ~ III
PRODUCTION of proof and in argument, that
the defendant introduced one after the
other Il complete chainof proofs. His COM
mission as District Judge, his oatho Office
the minutes OF the District Court showing
his induction into office, his commission
as District Attorney previously since 1872,
and other evidence. oral and documentary,
| showing that he had practiced1 law since
1873 at least, and tinally. ths minutes OF
the Board of Administrators OF the Cniver-
s1ty Of Louisiana, of the oath ofApril, 1872,
| showing that the degree Of Bachelor of
Laws was conferred upon him by that all
thority, a duly chartered body, corporate
and polite. To all this the State offered no
| countervailing evidence, relying upon the
naked fact Of the defendant to show a di-
ploma or a license from the Supreme Court.
The Court deems it unnecessary under this
State Of facts to pass upon the hume
rous legal questions SC ably argued
on both sides. 1t is sufficient to say that
the defendant has fully established his
eligibility and his right to the privileges
at an attorney-at-law. under the degree
conferred and accepted by him-and acted
upon by hi1m-ot Bachelor of Laws. The
other forlnalit!es provided for by law, the
Court must presume to have been com.
piled with. If not, they must be consider
ed as merely directory. 1t becomes I'M
necessary to decide whether the practice
Of law under defendants commission az
District Attorney would have fulfilled the
requirements of the constitutional provisr
ion. although the Court is inclined to be
lievc that an %Phthority to practice law OF
behalf Of the Ntate vested by election o.
the people under the constitution and by
the Governors commission, would whel
carried out faithfully for ii full term as Il
shown i'll this case endow the party hold
ing such status with full eligibility under
articles 81 and 81 of the Constitution.
For these reasons and others unnecessa
ry to mention, it is ordered, adjudged ant
decreed that there be Judgment i'll tavol
of defendant, Morris Marks, declaring hin
to have been at the last election fully eli
gible for and elected to and to be now law
fully holding the Office of Judge Of tn
Fourth Judicial District Of the State 0
Louisiana. That accordingly this suit b.
dismissed at plaintiffs cost.
Thus done, redered, read and signed a
chambers, as per order Of the undersigned
of April 9th, 1877, this the 3rd Of May
1877, Parish of Ascension.
(Signed) H.. 0. MAHER,
Parish Judge.
Acting in place Of the Judge of the At
Judicial District, Reused.