The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-04-12
base BahI.

state. F11ty Rlne nave elected solid Blaine
delegations. and send solid Grant delega
tiOns.
| Base Ball.
WASHINGTON. April 1o-Nationals 8, Provi.
dence Q: thirteen Innings.
UNDER THE NEW CONSTITUTION
The Imbroglio of the Twenty second
Judicial District-O Opinion
of Judge Duffel.
| Az sequel to the Twenty-second Judicia
District imbroRlio at Donaldsonvile Aseen
sion parish. we publish to-day the full text 0
Judge Duffel's opinion. giving his reasons fol
opening the Twenty second judicial Distric
Court on Monday, April s. $780, and the sum
mary of the entries on the minutes Of the court
Our reporter got access TO these documents
and they Offer sufficient pubic interest to ustif!
extended notice. as this is the first test case
UNDER THE NEW CONSTITUTION.
| The facts shown by the minutes disclose tina
on Monday. the fifth instant. the Twenty SECOND
Judicial District Court WAS opened by Judge
Henry L. Duffel. Judge Of the late Fourth judi
| cial District Court claiming TO hold over on &C
count Of he elected Judge being eni tned.
| On motion Of District Attorney Earhart the
| Twenty second Judicial District Court were or
| dered spread on the minutes, The aGtipg z
Judge then fixed the terms Of the court and ad.
| jonrned to Friday, the ninth instant.
| On Friday the court again convened. and the
deputies Of the clerk and sheriff We're sworn
IN. without further action the Judge atj 'urnsd
Of the counsel for Judge John A. Cboeyers.
Judge james d. Augusta. WAS interviewed. by
would be taken. but declined to inform the re-
porter, taking the position of y father con-
teesor. Counsel. however. seemed quite elated
at the contents of the documents referred to
above. TO wit: Judge Duff us action and opin-
ion. and we look for speedy and decisive meas
ures.
JUDGE DUFFEL OPINION.
The Fourth Judicial District Court was COM
posed. un0er the constitution Of 1868. of the
arishes of Ascension. st. james. 1T. John aud
St. Charles. Under the constitution OF 1879.
diction of the Twenty-second District Court
the otner two parishes with Jefferson. now con-
stitute the Twenty sixth judicial District. On
tho second Of December last, J. A. Obe6vers
was elected district Judge Of the T wenty- second
District, aud on the same day Michael Hahn
We will take Il as admitted that Hahn has en-
tered into his office, and that consequently that
territorial portion, of the former Fourth Dis,
judge We now fud that j. A. Cheevers has
been eDjoined from entering into his office.
and thar the territorial portion Of the former
james, and which now forms the Twenty -sec-
ond District. is not at present presided over by
the judge elected under the constitution of
1879.
The question is: Shall said district remain
Wlthou! ~ lpdge until tn. the i1Iunciop On sued De
disposed Mp OF Il not, then NV who Is the Judge?
mer Fourth District who held down to the first
Monday Of April, 1880 or the one to be appointed
And It IS esen asked Whehe I
stitution has provided for the contingency
which tHa Is The preamble
ter W is enacted. In order to W establish Jus JUS
tice. insure domestic tranquility and promote
the general weIfare."' all Of which blessings
with Judge. 1t is evident that the constitu-
ton contemplated that all the districts should
have their respective Judges. al courts"
son for Injury done him shal! have ADEQUATE
remedy without unreasonable delay" This
d2es not 99k 8 an In the qd
continue to discharge the duties of their offices
until, until their successors shall have been In
Who Is the successor of the Judge of the Fourth
judicial District Ia so far as the parishes of
Ascension A. e and st. James are concerned? Sure
trict. when he shall have been inducted.
Again. article 25s says that In order that no
ineonvenience may re,ult to the public service
tion. no office shall be superseded thereby. The
law shall remain in full force. though contrary
to the constitution. until the entering into office
Of the new officers to be elected" etc. Who
of Judge OF the Twenty second Dlstrict-i O..
the Judge OF Ascension and st. James. John A.
Cheevers Is the man, and until he or another
enters. who Is to perform the duties Of Judge of
the Twenty second Distrtct. or Judge of Ascen-
Judge GR o the s Judca s ae
the only territorial Judge found in Office at the
taking effect OF this constitution. and whose
Office is not to be superseded by aaid constItu-
officer (article 259) enters into his offce.
II would be Idle to say that becau. 9 Hahn en-
of St John and St, Charles that this curtai-
ment of the territory of the former Fourth
District has had the effect of dsrupting entirely
ishes unprovided for. But 1t ts objected that
the Judge o. the former -four tn cannot be the
Judge of the twenty-second. because the two
entity.
We do not think that the change of names
and partial change of territory. should in the
the courts within its boundal les open for the
benefits OF Its citizens. and especially when
former judge, whose duty It Is to retain II bis s
office of Judge in the territory of his district.
which Is left unprovided for. until the new
Suppose the Fourth Judicial District. under
the present constitution. was com posed of the
same parishes as composed the Fourth District
pheevers. elected as, Judge of the Fourth. had
been enjoined. would not the judge OF the for
mer Fourth continue In office until his success
~ eao low cLuC5C WOutu ouJoI Ii LILO pEtu-
eiple zip. is sound that all courts shall be open'-
an officers shall continue in office until their
successor be- inducted-until the enter
Ing Ing into office Of the. new officers,
discharge d, BY the Judge OF the former Fourth
District OF the duties Of the office over the par
lshes OF Ascension and St James. which formed
part OF his district. would be compliance
with the spirit Of the constitution of 1879 if rot
win IT'S very letter: and 1t would thus avoid the
the general welfare about which said eonsitu
names cannot affect legal principle.
Thus. the clelk. of court is er oficio recorder.
and yet should the office Of CLERK of this court
to whic1 he was elected on the second of De-
cember last. be contested. aud he be enioined,
the recorder elected in 1876 would retain his
office, until his successor or the new of1cer
would enter, and would thus apparently per-
form the duties Of the clerk until 1t ba decided
that the newly elected clerk and e1 odfcio re-
corder is entitled to the Office
We are next told that the Governor Is to ap-
point a Judge as In case Of vacancy.
Under article 10s. the Governor is to appoint
to fill vacancies occasioned by death, resigea.
tton or removal. and (article 1881 when an officer