The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-08-11
A FOREIGN JUDICIARY.

persons living In the colonies we're COM
PEELED to answer charges ana SUITS IN
the courts In London, three thousand
miles off. The processes against citi-
zens living la Boston were the same as
against citizens of London, and ran In
the same words, "Middlesex, to wit"
and the Sheriff Of Middlesex sent bis
deputies across the Atlantic to serve his
writs and compel attendance OF parties
In the courts OF Westminster.
This was certainly considered griev-
GUS, practical wrong and hardship to
the colonists, and contributed as much
as any other form Of oppression TO
arouse our fathers to resistance and
revolution against Great Britain.
And yet here we have in this State OF
Louisiana and In this great CONNER
cial city Of New Orleans q reproduo-
ton of the same grievance in even a
more tangible and practical manner.
The enormous extension OF the Juris-
diction OF the United States Courts
has virtually absorbed the largest
portion OF the judicial power and au-
thority once vested In the State tribu-
nails in the two Judges assigned to the
administration OF this jurisdiction In
this State and city. Persons interested
In this administration are now practi-
cally required to make nearly as long
journeys, to obtain such relief and hear
ing as these judges are appointed to
afford. as our fathers had to make In
the old colonial days.
One of these judges resides In a small
interior town In Ohio and the other re-
freshes himself In the shade of the
elms of Hartford, Connecticut. Any
one having business with these judges
must proceed to those remote localities
to obtain any one of those writs OF
relief or orders, of which 80 many
are needed in vacation to protect the
interest of parties. Besides the ordi-
nary expenses of the travel, 1t Is usually
necessary that the applicant for such
orders should be accompanied by @
lawyer praetioing in our courts. Thus
our lawyers are compelled to travel q
circuit OF over thousand miles in or
der to discharge their obligations to
their clients.
| The recent instances Of the orders In
the seizure of the ship Gov. Morton and
| In the Calcasieu log litigation, without
the necessity Of reference to many
others. will illustrate the extent and
seriousness OF this evil of nonresident
judges.
And the question arises is this veSa-
tious condition Of our judicial admins
tration sanctioned by law, or is 1t due
to that disregard of the spirit and in
tent, IL not Of the letter of the law, so
prevalent In these days.
We are happy to vindicate the law
from this reproach.
Section 551 of the United States Re-
vised Statutes provides that District
Judge shall be appointed for each dis
trict, except In the cases hereinafter
provided. Every such judge shall reside
In the district for which he is appointed,
and for offending against this provision
shall be deemed guilty OF high misde.
meanor.
Section STA provides that the District
Courts as Courts of Admiralty and as
Courts of Equity, 80 far as equity juris-
diction has been conferred upon them
shall be deemed as always open for the
purpose of filing any pleading of issuing
and returning mesne and final process
and Of making and directing all inter-
locutory motions, orders, rules and
other proceedings preparatory to the
hearing upon their merits Of all causes
pending therein, and any District
Judge may, upon reasonable notice to
the parties, make and direct award
at chambers or in the clerks Office, and
in vacation as we'll as in term, all
such process, commissions, orders, rules
and other proceedings whenever the
same are grantable, of course, accord
ing to the rules and practice Of the
courts.
SECTION 1919. The District Courts
shall be always open for the trans
action. of business In the exercise OF
their jurisdiction as courts Of bank
ruptcy, and their power and jurisdiction
as such shall be exercised as well liz
vacation as in term time, and judge
sitting at chambers shall have the
same powers and jurisdiction including
the power of keeping order and pun.
ishing any contempt OF his authority
as when sitting in court.
These provisions Of the law seem t.
be very plain.
/. They require that the district judge
shall reside within the district for
which he is appointed, under the penal
ty OF a high misdemeanor.
2. For certain specified purposes his
court Is required to be always open
and he is authorized and required te
exercise his powers and jurisdiction a
chambers as well in vacation as in tern
J time.
; II these provisions were fairly com.
piled with we would have our Uni
tod St,+ae District Judges here presen