The Donaldsonville chief. [volume] (Donaldsonville, La.) 1871-current, 1877-06-02
TIE CONTESTED JUDGEsHIP.

place of the District Judge, reused,
having overrnled the motion for a
new trial in the case of the State er
rel. Fred. Duffel, District Attorney
pro temp, us. Morris Marks, and petit
tions for appeal having been fled on
the part of the State and also on be-
half of @. J. FIagg, relator aud one Of
the plaintiffs, the Clerk of Court last
week made two transcripts in tile case.
Both Of these were filed in the Supreme
Court, one on Saturday night by E.
y. Pugh, Esq, of counsel for Flagg,
and the other Monday morning by
District Attorney Earhart, who rep
resents tire State in the controversy.
1t was hoped by the counsel urging
this action against Judge Marks that
the matter could be reached aud de-
cided by the Supreme Court at the
recent term, which ended on Thurs
day, but this expectation was disap-
pointed, and the case will not come
PIP until November next.
For the information of those who
may feel interested, we publish here
with the Judgment rendered by Judge
Maher in this case !;
State of Louisiana, Fourth Judicial Dis
triet Court in and for the parish Of 'Ascen-
sior-State of louisiana eT rel Fred Duffel,
District Attorney pro tenipoTe, ct al, versus
Morris Marks.-This case came up regular
ly for trial on the exceptions and merits, as
per assignment on the BIRD December, 1876,
Ehea after hearing pleadings, evidence and
argument of counsel, the Court took the
case under advisement and NOW renders the
following decision:
The Court, considering that the exeep-
tons filed herein by the defeadent are not
well founded SO far as the action of the State
under tile intrusion act is concerned but
that the relator, y. j. Flagg, shows no in
terest i'll this cause; the evidence showing
that he is fit9lctts 0ffciO, that he was de-
feated at the last election by the defendant,
who was commissioned, qualified and in
dueted into office. 1t is therefore ordered,
adiudged and decreed that the exceptions
of the defendant be dismissed so far as the
action of the State is concerned, and sus-
tanned az to the relator, o. j, Flagg.
On the merits of the case of the State, I'M
der the intrusion act, the Court considers
that the defendant has fully proven his
eligibility under articles SO and 81 of the
Constitution. 1t is to he noted that the de-
fersdant agreed, although defendant, to open
and close the case, both in the introduction
l.,SS IL a
an introduced one after the other a com
plete chain of proof His commission rs
District Judge, his oath of Office the min
ntes of the District Court showing his in
dl3tion into Office, his commission as Dis
triht Attorney previously, since 1872. and
other evidence. oral aud documentary, show
ing that he had practfced law since 1873 at
least, a4d finally. the minutes of the Board
of Administrators of the University of Lou
isiana of the oath of April, 1872. showing
that the degree of Bachelor of Laws was
conferred upon him by that authority, a du-
~ chartered body, corporate gnd polite. To
all this the State offered no eountervailing
evidence, relying upon the naked fact of the
defendants failure 10 show diploma or q IL
cehse from the Supreme Court. The court
deems it unnecessary under this state of facts
to pass upon numerous legal questions so ably
M sued on both sides. 1t is sufficient to say
tbst the defendant has fully established his
eligibility and his right to the privileges of
aIs attorney-at-law, under the degree con-
tetred and accepted by him-and acted up
ON by hini-of Bachelor of Lava The 9th
ersformalities provided for by law the Court
mflst presume to have been complied with.
lftnOt, they must be considered az merely
directory. 1t becomes unnecessary to de-
ciee whether the PRACTICE of law under de-
feEldant's commission as District Attorney
would have fulfilled the requirements of the
constitutional provision, although the Court
is inclined to believe that an authority to
practice law OF behalf of the State vested
BIZ election of the people under the consti-
tidn and by the Governors commission, would
when carried out faithfully for a full term,
as is shown in this case, endow the party
holding such status with full eligibility I'M
der articles 80 and "a of the Constitution.
For these reasons and others unnecessary
to:mention, it is ordered. adjudgetl and de-
creed that there be Judgment in favor of
defendent, Morris Marks, declaring him to
have been at the last election fully eligible
for and elected to and to be now lawfully
holding the office of Judge of the Fourth Jul
dieial District of the State of Louisiana.
That accordingly this suit he dismissed at
Plaintiffs cost.
Thus done, rendered, read and signed at
chambers, as per order of the undersigned
of April 9th 1877, this the Bird day of May,
1877, parish of Ascension.
lSigpedl H. Q. MAHER,
Parish Judge.
Acting in place Of the Judge of the Fourth
Judicial District, recqsed.