The Donaldsonville chief. [volume] (Donaldsonville, La.) 1871-current, 1880-04-17

LIE DISTRICT JCDGESHIP.-N sum-
Marie as follows the recent develop
ments of the proceeding involving the
title Of Hon. Jno. A. Cheevers to the
Jndgeship Of the Twenty-Second Judi
cial District Court:
Messrs. ST. NJ. Berault and James B.
Augnstin have been employed as coun-
sci for Judge Cheevers, and have taken
rule before Judge Hahn of the Twenty
Sixth Judicial District Court, citing
Judge Duffel to show cause why their
client should not be allowed to take pos
session of and hold the office to which he
was elected, pending the determination
of the question of his eligibility under
article III Of the constitution. This rule
is returnable on Tuesday, the 9th inst,
i'll the parish Of St. Charles.
On Thursday. Judge Cheevers APP
peared in the Twcnty-Second District
Court at this place, accompanied by Mr..
AngHstin, WHO fled an exception to the
jurisdiction of the court, which was
taken up for immediate trial and over
ruled. Mcssrs. E. n. Pugh, II. n. Sims,
Fred. Dutfel and District Attorny Ear
hart We're present, representing the
State.
Before going into the trial of the ex-
ception, Mr.. Angustin read, in behalf
Of his client, q formal porotest against
the occupancy of the bench of the Tween
y-Second District Court by Judge Duff
fel, and asked that the document be fled
and spread upon the minutes. The re-
quest was promptly refused, OH the
grounds l. that the document contained
the same allegations made in the petition
for rule filed in Judge Hah1's court,
and 2. that a protest is not known under
our laws as il means Of maintaining the
rights of litigants in courts.
After the trial and overruiing of the
motion for a default was
made, when Judge Dufel, with that
spirit of judicial fairness and conscien-
tiousness which has always characterized
his conduct on the bench, suggested the
propriety Of refusing himself in she case,
because of the interest he would have in
the salary of the Office should the Sn-
preme Court decide that he adopted
proper course in holding over as Judge
of the former district until the legal
qualification Of a Judge of the new court.
The members of the bar were unanimous
ly Of the opinion that this interest was
Of such a remote, contingent and insig-
nificant n1ture that it could not he right
fully considered a ground of recusation.
The Judge adopted this view after care
fully weighing the matter and the de-
fault was entered. At this jnnctuIe Mr..
Augustin filed formal motion of recusa-
ton, which was overruled and bill of
exceptions reserved.
An erroneous idea seems to have gained
some currency that Judge Duffel is a
claimant for the Office from which it is
sought to exclude Judge Cheevers, and
this impression has doubtless been en-
couraged somewhat by two or three semi
articles referring to the case
which have been Published in city pa
per. Judge Duffel does not claim the
Office and there is no such case at issue
or in prospect as that of ''Duffel rs.
Cheevers," which is the title given one of
the articles just referred to. No matter
which way the action against Judge
Cheevess is finally decided, the moment
a decision is reached, the functions of
Judge Dufel will cease-either Cheevers
will be Judge, or there will be vacancy
to be temporarily filled by gubernatorial
until an election for new
Judge can be held. z=m@@~
Reeds Gilt Edge Tonic restores the