The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1883-05-23
+ COMMUNICATED.
Are We to Have ANY More Courts in
This District {?

en- by the two presiding Judges i
open Court on the Goth of Decem
Der, 1882, be rescinded, as that orde
is Illegal and void, for the followin
reasons: Article LII Of the Constitu
tion of 1879 says, "until provided 70
by law the terms of the Distric
Court in each Parish shall be fixe,
by rule of said Court, which shal
not be char ged without notice b
publication at least thirty days prio
to such change" Now, Act No. 7
the General Assembly of 1880 says
"Sec. l. That the first term of eacI
of the twenty six Judicial Distric
Courts shall begin on the FIRST Mon
day in April, 1880, in that Parish
OF each respective District which i
named first in Article 108 of tn
Constitution. Sec. 2. That the Dis
trict Judge of each District shall, b,
order in open Court, fix the subse
quent terms Of the Court, and shall
cause the order to be entered on tn,
minutes and a copy. thereof shall b'
sent to the Clerk of the Distric
Court in each Parish, and shall b.
by him recorded in the minute boob
of the Court, and shalt he posted or
the door Of the Court House, etc.
Sec. 3. That in each District com
posed of only one Parish (the Parish
of Orleans excep,ed) the Distric
Judge shall fix at least six terms o
Court in said Parish of each calen.
dar year, which shall begin on days
at least six weeks apart, and in each
of the other districts the Distric,
Judge shall fix at least four terms Of
Court in each Parish, Except 10 tie
Parish Of Cameron, in which Parish,
there shall be fxea not less than two
terms of Court,) for each calendar
year which in each District compos
ed OF two Parishes shall begin on
days at least four weeke apart, and
in Districts composed of three or
more Parishes shall begin on days at
least three weeks apart. Sec. 4. That
each District Judge shall fix the
terms of the Court in such manner
that no term thereof in any Parish
shall conflict with aEv term of either
The Supreme Court or Circuit Cour,
in the same Parish as now fixed. and
Sec. 8 provides that the first term of
the District Court in each Parish
and each alternate term therein shall
be a jury term, ETC." 1t will be seen
~ q glance that Article No. Z of
1880 is strictly an enabling Act to
AIRY out Articles 10S aud III of the
Constitution of 1879. These article,
II the Constitution under the Judi.
:lary Department go directly to the
organization Of or Courts, and di
ect. how they shall he holden. IT,
Viii long be remembered with whas
'feat mathematical difficulty the
'ndge, together with the assistance
# the members of the bar, did finally
olive the problem so as to fix and
range the Courts in each Parish off
he District and make them con
orm strictly to the laws, and also
nit the convenience of the Judge
nd members Of the bar, the result
I which made the following sche
u'e, which was entered upon the
minutes Of the Court in Alexandra
y Judge Backman on the 9th da,
f April, 1880. Rapiles Parisi, jury
'erms first Mo day in April ana
nIrd Monday in October; Ordinary
'erms the first monday in Janu
ry and the third Monday in June.
Jury terms in Grant, lst Tuesday
} May, Bird Tuesday in November;
ordinary terms 4th Monday in Jan
airy, lst Monday in September.
Jury term in Avoyel|es, 4th Mon.
ay in May, lst Monday in Decem
er; Ordinary terms, 1st Monday in
larch, 4th Monday in September.
This was legal schedule fixed
Id determined with care ia accord
zee to and in CO formity with Arli.
e III of the Constitution, together
ith the enabling Act No. Z of 1880. +
his fixing which was strictly legal
as been unfortunately changed by
J illegal order Issuing from the
dges together. Said order is lille.
Il and issued improvihently for the
asons under Articles 1OS and III
the Constitution, and Act No. Z ,
the General Assembly of 1880,
Is required to fix his terms after :
e LIST Monday of April 1880, which ,
"a a'read, been fixed by the Con a
tuition. /
Section No. of the enabling Ac, /
.. Z of 1880 enacts ''that the frs,
rm of each of the twenly-six Dis !
let Courts shall he held on the first a
onday in April $780," which was q
ne. Act III of tire Constitution r
1879 says ''unti| provided by law c
e terms of the District Court in .
CHI Parish shall begin bv a rule n
said Court, which shall not be o
anged withnnt notice by pubiica n
N at least 80 days prior to such o
aDge.' u u
Section No. 2 of the enabling Act e
}. Z of 1880 requires that the Dis. i,
ct Judge of each District shall b, G.
Ter in open Court fix the subse. Ie
ent terms of his Court, etc, which y
5 legally done.
section No. 3 Of said Act provides e.
Districts composed of three or Sc
re Parishes snail begin on DAYS ia
east three weeks apart. This re- b'
'rement was also observed in tn
ige Blarkman's first order dated :,
day in April 1880. 81 al
And wha, is now complained of is OF
It this first GxinC Of ~, A