The Donaldsonville chief. [volume] (Donaldsonville, La.) 1871-current, 1880-05-29

disturbing the functions of the govern
ment in the administration of justice by
the judiciary department. The conse-
quence of such nnprovident action, is
verified by the circumstances attending
the granting Of the Injunction COM
planned Of, which has practically, main
tanned in apparent authority acting un-
| der color Of Office as Judge Of the 22d
Judicial District Court, the late Judge Of
the late Fourth Judicial District Court.
We are, under the exigencies of the ex
ceptlonal and unparalleled circumstan
| ces Of the case, constrained to treat II.
L. Duffel not as the Judge de jAye which he
| is claimed to be, but as the Judge de fac
| to acting under color of office of the 22d
Judicial District Court, as otherwise, if
he was no Judge at all, we would have
no authority to entertain as we do, the
present proceedings against him, and
there might possibly exist !: wrong with
out apparent remedy; All eventuality
which should by all legitimate means,
| if possible, be avoided.
There is no force in the objection that
the Judge Of the Fourth Judicial District
holds over until his successor shall have
qualified.
His Court being defunct, he officially
| Court, is il new Court which does not
succeed but supercedes the Fourth Ju-
dicial District Court, with different pow
ers, duties, responsibilities, and distinct
| territorial limitations.
| We are therefore of opinion, that
whether or not the case was properly
| before the Fourth Judicial District
Court, that Court has, at the instance Of
the State and its officers transgressed
the bounds of its jurisdiction in grant
ing the injunction which it has allowed
| without any warrant and the effect Of
which might have proved SO disastrous.
| All hiatus or interreynnIu was we'll
provided against by the constitution of
1879, for the administration Of Justice III
the territory over which the Fourth Jp-
dicial District Court previous to the first
Monday of April, 1880, had jurisdiction !;
the 22nd Judicial District Court had
been created and there was IN esse and in
readiness to discharge the functions of
Judge thereof, Il duly commissioned and
qualified officer who would have done 50
had it not been for the injunction lille
gally issued against him, but which he
respected anyhow.
When that court became defnnct, all
the causes pending before it, were trans
ferred, by operation of law, to the court
provided for to fill the vacancy created
| by it's extinction.
The case No. 2O13 Of it's docket there
fore passed to the 22nd Judicial District
Court created by the constitution of
1879; but as it is brought against the
person who obtained the majority of
votes as Judge OF that court and who
claims to have been elected such, he is
incompetent to determine it, OF to deal
with it i'll any manner, except for the
purpose Of disposing Of it as is provi-
tled by Act No. 40 OF 1880, regulating
the trial of recessed eases III the District
Courts, the parish OF Orleans excepted.
It is not perhaps out Of place to remark
here that the acting Judge should have
entertained the protest offered by Chez
vers and ruled upon it in the exercise of
his judicial discretion rs lie might have
thought best under the law, previous to
allowing any default to be taken as was
permitted by him to be done, which de-
fault Will have necessarily to be set
aside rs a nlllity slauld the defendants
have any preliminary defense to urge
which the law required to be filed before
issue joined.
The petition Of the relator concludes
Win U pANS'A IVA $,SilCld4 ICliCIy "uItli
il. Il case involving great public inter
est, may be considered susceptible Of
legitimate amplitication. Under its Gov
eI we think ourselves justified in the
exercise Of our plenary powers within
the limits OF constitutional boundaries,
to adjust the matter herein agitatel,
and to regulate the same for the lrcser-
vation of public order and the nlailltc-
nance of the wcll-bcinY OF society;
otherwise, a judicial district Of inpor-
tancc might indefinitely he deprived Of
its Judicial officer, to the great and sure
ly irreparable damage of the citizens en-
titled to protection within its realm
We consider that II. l.. Duffel is not
only without authority to act any longer
us Judge de ,facio of the 22d judicial Dis
tri.t Court liz the State Us. Cheevers, No.
2Ol3 Of the Docket Of the Foartl J,dici-
al District Court above mentioned, but
in any other cases before said Court
that john \. Cheevers must be permit
ted 70 enter upon the discharge Of Ills
functions as the commissioned and quail
fed Judge Of the 22d Judicial District
Court, to try and determine all matters
therein actually or hereafter pending,
except the said case against him, where
in he shall rccuse himself and make the
appointment herein before mentioned,
and also such other eases in which there
may be good and valid cause to legally
recuse him.
1t is therefore ordered, adiudged and
decrecd that the prohibition herein pro-
visionally issued lie made perpetual, that
H. L. Dutfel be accordingly forbidden
from acting as Judge, either of the late
Fourth Judicial District Court, or of
the 22nd Judicial Dist. Court aforesaid !;
that the trial OF the case of the State as.
Cheevers, No. pos OF the docket of the
late Fourth Judicial District Court, be
transferred to til" 22nd Judicial District
Court and be proceeded with according
to law, after the appointment of Il Judge
to Try the same under provisions Of Act
No. 40 OF 1880, relative to refused cases
III District Courts outside Of the parish
Orleans, and John A. Chsevers be, per
mitted and authorized to enter upon the
discharge Of the duties of Judge Of the
22nd Judicial District Court, without
prejudice to the rights OF whom 1T may
concern to contest his eligibility to that
office.
The respondent to pay cests of these
proceedings.
y. NJ. II. A.-At q meeting Of the Young
Mems Hebrew Association held Thurs
day, May 90. the following officers were