The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1882-06-21
THE PROPOSED NEW JUDGEsH1P.

4
| A bill introduced by Representa-.
tive Wise proposing to create new
judgeship for the Parishes of Rapides
and Grant, and providing for the
election of Judge and District At
torney, has passed the House Of
Representatives, and notwithstand.
ing the adverse report of its Judi
ciary Committee, has been engrossed
and passed to its third reading in
the Senate. We beg leave to diff
fer with orr Representative,and Sen
ator as TO the necessity of this bill,
and we think that the $4,000 year
for four years could be much better
spent in building the hospital which
we want and are not likely to get, or
with some added to it in rebuilding
the State Seminary at its old site.
1t is true that this is one Of the lar
gest judicial districts in the State,
and we have heretofore had occasion
to say something on that subject,
but with the great falling of in liti.
cation there ia not more business
than one competent Judge can easily
attend to at every term. The meagre
docket will prove our asser-
ton. The bill can not be justified
on the score of necessity.
Because the other districts are too
small is no reason for making this
one too small. The logical thing for
the Legislature to do, if they can do
anything, would be to consolidate
the present districts into half tn.
number and save large amount to
the State annually. We have beard
l
some complaint about Avoyelles be-
ing in this district, but that grows
out of political complications with
which we do not now propose to
deal.
Besides all this there are insuper-
able objections to the bill. The Ju-
dietary Committee reported that it
was unconstitutional because 1t was
a local bill and had not been pub
lished, which lie one very good rea-
son why it should not pass. But it
is strange that the lawyers on that
committee, and particularly its
chairman, who usually airs his con-
stitutional opinions on all suitable
occasions, should have overlooked
Article ITO of the Constitution Of
1879, which positively prohibits any
interference with the territorial or
other jurisdiction of a judge during
his term. The bill under discussion
proposes to take away from Judge
Barbin his territorial and civil and
criminal Jurisdiction over the Par
ishes of Rapides and Grant before
the expiration of his term in April
1884, and it does not matter if he be
willing to the change. The uncon-
stitutionality of the act creating the
new Judge and District Attorney will
be tested in every civil and criminal
case the new judge might attempt to
try and whenever the first case got
to the Supreme Court in proper
shape they would be obliged under
the terms of the Constitution to
decree the illegality of the acts of
the new Judge and District Attor-
ney. The result will be inextrica
BILE confusion and disorder in this
district, and litigants will suffer vex-
atious delays and the payment of
useless costs.
Article la of the Constitution.
which seems to permit the exercise
of the proposed authority must be
interpreted in connection with the
article already cited, and the two to-
gether mean "that when the public
business requires it at the end of a
judges term, the number of judges
in any district may be increased"
We hope that the bill will not pass
the Senate, but if it should we call
on the Governor to exercise his pre-
rogative in the interests of good gov.
eminent, and to avoid the confusion
certain to result from its passage, to
veto the act. We have had enough
of this sort of inconsiderate legisla-
ton, and we propose to take and
maintain our position in opposition
to all such measures, no matter
whose interests may be effected.
~~~--.~0~>s->~
MEDDLrNG WITH THE LAws-Judg-
ing from the published proceedings
fully half of the bills so far intro.
duced in both houses of the Legisla
ture proposes to repeal, amend or in
some way change articles Of the Civil
Code and Code of Practice, or some