New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1877-01-17
Law AND THE FACTS

:.
uo, w,tli am r Morrison, Chairman Of the
,amiftee Of the House Of RepreBt natives;
inc heen informed that Mr. Ogden had
WI nermission to file briet in sup
the titles Of the appointeee of Cen
N;eholls as judges Of the Supreme
and having been requested to sub
statement showing the titles of Chief
Iudeling and his associates as JUS
N the Supreme Court of Louisiana,
ktfnlIy submit the following:
ia seyenty.fve of the constitution of
rate Of Louisiana declares that "the
Tustice and Associate Justices shall
Dointed by the Governor, with the ad-
'na consent of the Senate, for the term
N vears.n See, also, article eixty of
natitution. And article l22 declares
ell officers shall continue to discharge
|ties of their Offices until their success
An have been inducted into office,
ii the case of impeachment or sus-
oIe sixty-one Of the constitution de
that 'the Governor shall have power
vacanciea that may happen during
Dsss of the Senate, by granting COM
be which shall expire at the end of
4 session thereof, unless otherwise
"a for in this constitution" etc.
\ 6S John T. Ludeling was appointed
! Justice and James g. Taliaferr0, K.
Y veil, w. w. Howe and w. G. Wyly
Z ppointed Associate justices of the
q ne Court by the Governor, with the
and consent Of the Senate.
72 Mr.. Justice Howe resigned and
: Kennard was appointed to fill the
n; he was not confirmed, and in
b. Morgan was appointed by the
Governor, with the advice and con-
!. the Senate.
\ \ tober, 1876, Judge Taliaferro died
3. Leonard was appointed by Gov
4 kellogg during the recess of the SEN
fll the vacancy. The Governor
y " nder article sixty. one of the consti-
filing these vacancies.
court, composed of Chief Justice
y, and Associate Justices Howell,
NJ Wyly and Leonard, was in session
twenty-third of December, 1876,
<. adjourned to the ninth Of January,
8 e twenty third day of December,
"a phn =. King, having been commis-
Y " Governor Kellogg, took the oath
IA On the sixth day of January,
bn IT, Ludeling was appointed Chief
9. bre appointed Associate justices of
an reme Court by Governor William
ai1 gE. They were confirmed by the
1 md they took their oath of office on
day.
, nv snate was composed of a quorum
sct he Senators holding over and of
the Bclared elected by the Returning
1, U he fundamentally created by law
ain and prOmulgate the result OF
~ 10 the State.
organized at the State House by
rKD oBe names had been furnished by
a. starry of State to the Secretary of
70 In accordance with the election
haae is State and article fOrty-six of
ords tituti0n, which provides that ire
Iens all elections for members of the
" W Assembly shall be made to the
ssta Of State;" and it was recognized
csea overnor of the State, and by the
y ~ cers Of the State government; and
ing its sessions ct the State House,
General Assembly, by law, is to
esaiOns.
IP be foregoing statement it will ap-
- the Supreme Court of which j.
an ng Is Chief Justice was composed
N. nembeFa, four of whom derived
under articles seventy-hve, sixty,
Ill sixty-One of the constitution, to
= bling, Howell and Morgan under
TILM eventy-fve, sixty and l22, and
Aln Under article sixty-One; and that
Vrs e are independent of the late
ne Of II appears that Ludeling, Leon
mon ing hold by the appointment of
=. Kellogg, whose status Is not dis
81. whose right to appoint, with the
!, ~ ~ consent of the Senate, can not
.ued ned; and said appointments were
70 ID By the Senate, holding its session
-. e House, whose legality is sus.
! oOA' the provision Of the constitution
mt 4 wn of she State already referred
bgRlity Of this Senate is sustained
Y rS, g the settled jurisprudence OF
1Sad In Collin vs. Kn0blOck the
ourt held that "the returns made
Il State board and officially pro-
RA 1y that board as the general Re-
-.e--- ioera Of the State at large, con-
IA basis upon which the Governor
HAE ID to issue commissions. These
eelal By the act of the sixteenth of
/ and made s'prima faeie evidence in
ems,ni Justice and before all civil Off.
sssaS - ~ set aside after g contest accord
r. ND OF the right of any person
J. Bad REIN to hold and exercise the
kRAAI ich be shall, by such return, be
lected.D 25 An, 265. In Bon
gneh the Supreme Court said;
said that the returns are only.
TIT proof Of the result of the cleo
t-ant. lH true. The question, however,
: eotl0n Of officers, 10 q political
'Rei au courts of Justice have juris-
&. them only so far as the pOliti-
g VIC lent may have authorized them
~ ~ jurisdiction. If there were no
,eesura horiRing the trial of contested
BIS ea before courts, they would be
9eorf hoFity TO do so. 10 An, 80. No
Ssh14s 1ferring upon the courts the
0sri cases Of contested elections or
Z. I; ica authorizes them TO revise
Dev'a ct the Returning Board"
-. b assume that prer0gative,
have 70 20 still further,
INkV rAA returns OF the supervls0rs
49, examine the right of
9ou sand IN short the courts would
nV hrd to such caBes mere offices
"a An lpmpiliDg and reporting cleo
- The Legislature has seen
~. the power 10 decide who has
NoVe n elected IN the Returning
s.a. ht have conferred that power
5.6ot. ~, but Il did not. Whether the
bad, It ie our duty to obey
Mau..; Rnd not to legislate" 25 An,
Acesoa ssos Franklin Va. 4. s. Allain; G.
I IVS ~ n. Webre; Comeaux vs. e. E.
q and also Stats ex rel. Morgan VS..
slsspnl An., page pa.
tzain d Leonard hold under double
..eovms nlar under hls appointment
5smmoa sicle iQ2 Of the constitution,
lHkLDo nppoiatment by Governor
sgsL, he advice Of the Senate; and
AND under bis appointment by
IlROAD. Agg during the receae Of the
,r q ber, and hia appointment by
2 sAA~A re with the advice and CON
rHRoud te IA January, le77--while
Rean hold over under ar
NsF'- tt~ 0pn~
tlantA 70 not
,r,run Az can DO
py tie Gov
depart dvice and CON
=. !. 1 remark applies
alinG'A office. 2 Story
M.lKxy1 dtiona 1855 and 1859
axp1 1pllsA only to casea
{ inlly happeni that 10, 3
Louis be unforeseen ameE-
~ lqEA qNation on removal,