The Donaldsonville chief. [volume] (Donaldsonville, La.) 1871-current, 1880-11-06
DonalDsunbillc Gbief.
The Chcevers Case.
Full Text OF the Supreme Courts Decree
Reversing the Ruling Of Judge Hahn
IN Favor Of Defendants Exception
Two Dollars n Yea,


STATE OF LOUISIANA, &c rel. Atterne.
General ct els, ~. Jno. A. Clleevers Ap
peal from the Twenty second Jndicla
District Court for the parish OF Aseen
sion.
Mr.. Chief Justice Edward Bermuda
delivered the opinion and decree OF TIL
court, in words and figures following, to
wit: Charging the ineligibility Of th'
defendant to the office Of Judge Of TIL
Twenty second Judicial District, the At
torney General has instituted these pro
ceedings against him before tho court o
his domicii, to prevent him fer thai
canse from entering upon tho discharge
of the functions OF that Office.
Tojustify such n demand, grave charges
were preferred against him under tho
provisions Of article I'll Of the constitu-
ton. At the instance of the State u pre-
liminary injunction issued, but was after
wards dissolved by this court. 81 A, Gio
The defendant had excepted to the Jjrl-
Iisdicton of the lower court on the
ground that the original cognizance and
determination Of the matters involved
appertain exclusively to the Supreme
Court; Int that exception was deemed
not to be before lis at the time for re-
view.
This action was brought before the de-
PENDANT could have entered upon the du-
ties Of the oEyice-that in, before the day
on which the Twenty second Judicial
District Court could have been organized
had arrived. Its object was to prevent
him from filing the office, Tor causes an
terror to aud invaliaating his election.
1t contemplated his exclusion, not his re-
moral from that Office. We viewed the
litigation from that standpoint when it
first came before us. Although tie ap-
plication for a prohibition upon which
we acted was leyellad also ut the CUES
tiDn Of jurisdiction, which was pending
in the District Court, ne expressly alb
stained from passing upon it, because it
tanned and solved. As it is now IL a
proper form, VIC will proceed to examine
it.
The object of this suit can not be mis-
taken. The action was brought to prove
an impeachment to obstrnct the defendant
and prevent him from entering upon the
duties of the office. It's character or la-
GAL complexion was not and conld not be
changed or effected by the dissolution of
the injunction, nor was it altered by any
subsequent proceeding to PROFOUND facts
which may, aud no doubt Lave since hap
spect with the Same features which it
possessed ut the incipiency of tile action,
viz: q suit to prevent The induction int,
Office Of the defendant, for a cause of in
eligibility in existence prior to his cleo
ton. -....# s....".. a ..M.5.." Nh.
The jurisdiction Of courts Of Justice,
particularly Of tho highest tribunal Of
the State, pronouncing in last resort,
should be carefully measured in matters
larged 50 as to embrace within its com
pass cases which clearly we're not in the
contemplation OF the trainers OF The con
stitution when they undertook to deter
mine and fix thu extent and limits Of its
authority as a conr: OF original ,jufis,lic
tion aud delegated to it powers which
mp to then had been exercised exclusive
ly by the Senate, upon charges properly
brought.
The articles of the constitution which
define the original jurisdiction of this
court in cases Of removal of designated
judicial officers, bear numbers 300 and
1876, and read as follows:
ART. 200. For any of tic causes speci-
tied in article 1876, Judges Of the Courts
OF Appeal, of the District Courts through
out the State and Of the City Courts Of
tho parish at Orleans, may be removed
from office by Judgment Of tho Supreme
Court OF this State. in II snit instituted
by the Attorney General CT II District
Attorney, in the nan.a o.! the State on his
relation. The Supreme Court is hereby
vested with original jurisdiction to try
such cases and ii is hereby made the trt,
OF the Attorney General or Of any Dis
trlct Attorney to Institute such suit on,
the written request and information of
fifty citizcns aud tax payers residing
within the territorial limits Of the dis
tllct or circuit over which the judge
against whom the suit is Erouubt exer-
ciscs the functions ri his office S,ci,
suits shall be tried after citation and ten
days delay for answering, III preference
to all other suits and wherever the conrt
may % sitting, but the p,n,lcncy of such
SUIT shal! not operate suspension IRON
office. In all eases where the officer sued
as above directed shall he acquitted. !
Judgment shall ~ rendered! jointly ana
i" so,iao against the citizens signing tho
request for ali costs Of the suit.
ART. 1876. The Governor, Lieutenant
Governor, Secretary Of State. Auditor, |
treasurer Attorney General, Snparin- t
tendent of Public Education and the |
Judges 81 the renris Of record shall ~
liatIe - Impeachment for high crimes
and mSdemeanors, for nonfeasancc or |
ma.tsasanco in office, for incompctency. /
Tor corruption, ::,vorit;sm, eNlortion or |
oppression III office. for gross misconduct !
Oh haaitlial drunkenness
These articles are found under the ,
heading, " 1nreaclu.ents and Removals /
from Office 1t is patent that by article
200 this court Ger tho first time>, WAS
clothed with original Jurisdiction over
Casi.S teuairu To thu ranoy..1 of :,,.f.;,t
officers for breacl, of official duties or in ,
ability to perform the same. The causes !
for which sitcl, ,..,uc...l 4.a., IL. ,.ro..l-,.l