The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-04-10
A NICE POINT.
Can an Enjoined District Judge Try
Case Against Himself.

III Sdse hEalhEt
In the parishes OF st. James and Ascension
comprising the Twenty -second judicial Die
trict COURT, the lawyers are In n state of pain fu
suspense to fnd out who Ia the Judge OF that
district. They do not know whether the Judge
elect of the Twenty second District. Hon. John
A. Cbeevers, will take bis seat or whether his
iudgeship will be declared vacant. It all comes
out of writ of Injunction filed on the third Of
April before the Fourth Judicial District Court
prohibiting Judge Cheevers from taking Dos
session of his office.
The petition, In the name Of the State OF
Louisiana and on tho relation Of Attorney
General EGan and +, b. Enrhart. district attor-
ney for the Fourth Judicial District prays for
an order TO restrain John A. Cheevers from
acting az Judge of the Twenty second Judicial
District Court. on the ground Of tneigibility.
rhe case will have to go. by transfer. before the
bu, the elected Judge being enjoined 1t Is din
cult to foresee now the matter can be tried.
Thi 4, imbroiglio IN the Twenty second judi
| even for " Philadelphia jurisconsulf. The sit
uatlon Ia substantially as follows: Previous to
the last election. unde r the new constitution.
the II! publican nominating convention met In
Donnlusonville. Ascensionl parish. Judge John
A. Cheevers was nominated tor the position on
the Republican ticket.
convention met again in about two weeks after
revised their action. and nominated the Hon
Henry l.. Dutfel, of Ascension. us the Repnbli-
can candidate for district Judge Of the Twenty.
second Judicial District Judge Dutrel Is a
prominent aud well-known Democrat, ap-
pointed by ex-Goy. Nichols 70 the position OF
Judge of the late Fourth Judicial District Court
formerly composed Of the parishes OF ST.
Charles. st John. st. James and Ascension In
place of Judge Morris Marks. the Internal
revenue collector. declared ineligible.
Judge Duffe accepted the Republican noml-
nation. 1t seemed fcregone conclusion that
his personal deserved popularity In the district
coupled with the Republican nomination.w would
insure his election. However Judge Cheevers
stuck to his original nomination, and kicked
Judge Duffel by some 700 and odd majority. he
WAS duly promulgated elected 10 the official
newspaper received his commission. took the
constitutional oath OF office, and was about
quietly to open court on Monday. April 8. when
on Saturday. April 2. he was served with an Or
petitor, Judge II L. Dutre as Judge of the
Fourth Judicial District Court. prohibiting him
from taking his seat as Judge of the Twenty
second judicial District Court on alleged
grounds of ineigibilty.
The astonlshed Judge obeyed the order and
dica District Court He has placed his case In
the hands of Judges St. nj. Berault and James
d. Augustn. who will do their utmost to solve
the legal riddle; but to crown the said riddle
Judge Duffel. the Judge of the late Fourth Ju-
dic!al District COURT. which court Is defunct
Judicial District Court on Monday. the fifth
instant at Donaldsonville. in Ascension parish
aud adj Jurned to Friday therefore seeming to
claim the position.
Now. who Is to try the case against Judge
Cheevers. duly elected. PROMULGATED as such
and qualified? Is there Judge of the Twenty
second Judicial District Court. pending the suit
Or. where Is the suit without Judge?