The Donaldsonville chief. [volume] (Donaldsonville, La.) 1871-current, 1880-11-13
DoNALDsoNvILIE, LOUISIANA SATURDAY, NOVEMBER 49,

however, causes exclusive the one of the
other. They may exist simultaneously
or separately. A person may be both in
/. eligible and incompetent at the same
! time. When the eligibility or competen-
cy OF a judicial officer is questioned, the
matter must be tested upon proper
charges of either the one or the other,
before different forums. Where the law,
whether embodied in the constitution OF
found in the statute book, or in both, has
! made distinction between offenses COM
, mitted prior to those committed after in
| duction into Office and arhiic il, office,
i and has Disseminated between causes ot
ineligiblity aud causes Of finconlpetcncy,
it is the duty OF the court to inquire and
determine whether the distinction was
made, and if it exists to give it force aud
effect.
We take the rule to lie, particularly in
questions like that now before us, in
which we are called upon to expOnnd the
language contained in the paramount
law Of the State, that the affirmative de-
scription Of the cases in which original
Jurisdiction was conferred on this court,
implies necessarily negaton Of its jnris-
tliction over cases not enumerated.
| We have inquired to ascertain whether
sncl, distinction and description had been
made, and VIC find that they have. The
constitution has left the law as it stood
at its adoption relative to cases Of iueli-
gibility to office, but it has delegated to
this court powers for the removal Of jn-
dicial officers as comprehensive and ef-
fective as those vested in the Senate, sit
ting as Il c"nrt Of impeachment for the
trial of such officers, upon proper charge
and III proper cases.
This suit can not, under any aspect, be
treated as one to remore the defendant
from Office, rs its ayowed object was to
prevent him from entering upon it alto
getl,er. Under Il final Judgment in favor
of the plaintiff, the defendant, ii in office,
wonld have to vacate it, OF subject him
self to forcible expulsion from it..
The disqualification of a judicial Office
entrusted with high powers and preroga-
tives, is II matter which, is not to be
lightly dealt will, and which should
command the fullest consideration of
courts Of justice.
Where the original jurisdiction of This
court is expressly restrained by the Or
| ganic law to given causes of removal, we
are pOwerlcss to expand it 50 as to com
prise other cases Intentionally omitted.
| III which tie exclusion of officers is tn be
demanded by proceedings to be institn-
| ted before IL competent court Of inferior
jurisdiction. Iu Is Cal. 12O, views SINH
lar to those expressed in tue body of this
! opinion were entertained in ai analogous
case.
While VIC are considering and deter
mining Il case instituted before the IN
duction into Office of u person claiming
to have been duly elected District
Judge, and for a canse existing prior to
his election, we think it our duty to say
| that We are not to he understood as hold
| ing that judicial officers who may have
actually entered upon the discharge Of
official functions, though ineligible m
der art. III, or assailable under art. 1876
for incompetency, but who have not been
| proceeded against before induction Gas
| the defendant was in this case) can not,
| subsequent to sncll induction, npOn proper
showing, be expelled from such office.
| They surely could be made to vacate Gle
office. Such result would have to be ac-
conpiished in cases Of incOmpctency by
the authority Of this court, taking origi-
| nal jurisdiction of the suit for that pnr-
! pose against them, and in cases Of ineli-
gibiIity would take place by the power
Of Il District Conrt, exercised under an
executor! Judgment.
| After !. most attentive examination and
thorough scrutiny of the articles Of tie
| constitution bearing upon the question
before "s, we unhesitatingly declare that
! rs our Original jurisdiction owe: cases
for the crrnoral of judicial officers attaches
only where they are charged with official
crimes, official misconduct or habitual rice,
or personal or oGcial disaItiiiy or incompe-
te"cy, we are utterly devoid of suc}, jnris-
dietl"n over and can not determine pri-
mariy suits brought against ln,tti.s
| claiming to have been elected to u Judi
cial office, when sucl, suits, whether in-
| stitutet before OF after induction into Of
| flee, are based upon causes incorporated
in article III of the constitution and
charge the ine1igibility of such parties,
aud consequently that such suits must be
| carried on before the District Courts
| having jurisdiction Of the persons of such
parties.
By their constitution the people of this
State, whose delegated powers We exer-
| cist have said to us, as Moses in ancient
| times spoke to Israel in solemn bchest !:
1e shall not add unto the word which
! we command you; neither shall We .li-
minish a,gllt from it, that We may keep
| it," From snch mandate we can not de-
part. The Judgment Of the lower court
heilIy erroneous, it is ordered that said
| Judgment he reversed, and proceeding to
! render such Judgment as should have
been rendered, it is adjndge1l that the
exception of the defendant he overrulc.l
aud that he answer to the merits; and
now i'll order to enable the District Court
| to pass upon the iss',es presented, it is
lccrced that this case he reman,lel to
| the lower court to he further proceeded
with as the law pfovides-the defendant
| and appellea to pay the costs of appeal
! and those of the lower court from the
filing of the exception.
! / hereby certify that the foregoing is
a true and correct copy of the opinion
and decree of the Supreme Court in the
above entitled cause, as appears from the
original now on file i'll my office, and that
! the Judgment of said court herein has
! become final. Witness my hanct and he
! seal Of the Supreme Court. Done at the
I city Of Shreveport, this the 25tI day Of
| October, A. D. 1880.
| SAML NJ. MORRISON.
Clerk Supreme Court La.
| Liringstonian During Tuesday last
! the attention Of our denizens was at
! tracted to Il singular comnotiou in the
f,f Ia