The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-04-12
their several offices until the induction of the
new officer. and leave the Twenty, Second Dis

their several offices until the induction of the
new new officer. and Leave the Twenty Second Dis
And then. should the Governor decline to ap-
point, as Cheevers is neither dead. nor has re-
signed nor removed. nor been ,impeached or
suspended, and that therefore there is no va
cancy to fill; again the Twenty-seeond District
will remain without Its jud1e, and will SO re-
could qr ns
provisions of the constitution will be defeated
Ia that the court shall not be open. and persons
and general tranquility shall not be maintained.
and general welfare received. Let us suppose
that similar proceedings against dozen of the
other district Judges elected under the present
constitution had been Instituted throughout the
State, and then consider the incalculable evils
which would spring were the courts to be all
The fact ie patent that were Cheevers to be In
Quoted be would preside over the parishes of
Ascension and st. james. the Twenty-seeond
Therefore. until he does enter into his office.
the Judge who now presides over these parishes
must retain the oftice-calling judge OF the
has a territorial jurisdiction aud this is so pro-
vlded. not for the judges benefit but In order
seasee teat ne neonvenence may result to the public
Believing that there Is no vacancy to be filed
by the executive, we would have refused to
sign the order of Injunction, but we enter.
taln ed doubt Hs to the duty of the judge of
the Fourth District to remain In Office until the
new offiyer. be he called Judge. clerk. ETC.. who
ID 10 place hiltl, uau D5tD InGuc'6G.
AS we happeu o be the Judge of the Fourth
District, our decision may be unfavorably criti-
| cteed but that cannot be helped. and no one
Will be seriously injured. as the tenure will be
no doubt short. and
THE SUPREME COURT
will soon reotify this iugdment If wrong. Our
desire is simply to comply with the consitu-
ton. as we understand it,,prevent hiatus 10
the eadministratton of law, II possible. md not
to hold an office to which we were neither
elected nor appointed.
Courts are bound to solve doub' fnl questions
OF law and not refer them to the Lsg islature.
much less the executive. 8 Nj. 354: : aud the rule
which governs in the construction of II statute
is applicable TO tho cousit ution, viz: to dis
cover the spirit and Intention OF the law glver,
10 A.. 345.
Thi, has been the uniform construction Civ n
to our different constitutions. and 1t has always
been held that nn int1Te9n,pre cannot be tOler
ated that the judicial authorities like the other
powers. should continue in force until sup
planted by the new officers. SO as to obyiate the
inconvenience OF laDsa between the displace-
nent Of the old government and the organizA-
tion of the new the old incumbeDts remain un-
TIL the new officers are inducted. A., 4ol; 9
A.. 237.
No one will question that had the sheriff of
The parish of Ascension, elee I'd on the second
s as ba If sad aTs
elected November. 1876, would continue In Office.
Whyp TO prevent an interregn,alt. and because
the lew constitution s v a SO & provides; Why then.
ca5e2 Surely the parishes of Ascension and
st, james were comprised in the former Fourth
District. and now form exclusively the Twenty.
second District. except the judge who held
jurisd ,ton therein. up to the first of April 1880.
should continue to do so until the new officer.
Under the law of the Interchange of judges,
1t WAS held that the judge OF the First District
presiding In the Second District. was the
In that dietrtct In which he presided Is A. 1856 IA
A.. 3l4t. and the same construction. which Is
sound. would make of the judge of the former
Y ri Heyn onntf Itrrynr
ty-second Judicial District.
In open court Parish of Ascension. fifth Of
April 1880.
81. L. DUFFEL,
Judge Of the Fourth judicial District OF 1868.
holding over and acting as Judge Twenty
second judicial District