St. Landry democrat. (Opelousas, La.) 1878-1894, 1885-04-11
Legislation by the judiciary.
City Item.

City Item.
A great many people wonder at the
leaning of the courts in favor of tax
reslsters, when it is supposed their own
salaries are dependent upon the ability
of the State tax collectors to gather the
State dues. This popularity has even
been regarded by partially informed
and superficial observers as an evil
dence OF judicial uprigbtness, or even a
slight leaning to virtues side. There
would be some show of force and rea-
son ID all this, instead of its being a
| stupendOus hallucination, were the
Judges only ordinary creditors, and OBJ
llged to take their chances at the Treas
urer's little window with the rabble,
| l'hey once occupied no better position.
| Even i'll the days of Radicalism, when
all departments of government were
popularity supposed to have adopted
every selfish device, a noted occupant
OF the bench complained grieyously be-
cause the - old war horse is hungry, and
can not get his fodder when it is dne.n
HIS warrants had no preference, and
ne had to resort to brokers and caDi-
taIists the same as other people.
All this has been changed since, The
Supreme Court have discovered some
loop hole somewhere upon which to
hang an opinion, that constitutional
warrant" has much higher rank than
any other order of the Auditor to paw
public money. One may search the
constitution and the statutes in vain
for the authority for such Il decision.
Nor will 1T throw any light upon the
subject to look into the realms of rea-
son for justification of such selfish
and arbitrary exercise of judicial au-
q
quoting the provisions of the constitu-
ton which attach we'll defined func-
tons to the three several branches of
the State government, and prohibit one
department from exercising the DOW
ers OF another. Now as this distinc- |
ton between constitutional and uncOn- |
stltutlOnal warrants was not created |
either expressly or by implication by |
the constitution or the laws enacted |
under it, the inference is pretty strong
that it is a piece of legislation by the |
Judiciary, and would, no doubt. be
found repugnant to articles IA and Is
OF the constitution were it referred to
ali impartial tribunal.
The judges, having provided for the
payment OF their own salaries by prefer
ence, and the provision having been
accepted by the State officials of the
OACSuGlNS NGpdIltlGuT WlLH suspicious
alacrity, there is no necessity for them
to regard the enforcement Of the reve-
que laws as an essential aid to the
State government. Enough money to
Day the constitutional warrant holders
IAN be depended upon to come in from
he per centage of honest property
FOLDERS who always pay their debts,
While there is no reason that our courts
'an discover why the convenience of
he tax-resisters should he sacrificed
o the exigencies of the holders of ordi- |
larry warrants.
Thus justice in Louisiana goes some
what by chance, and can not at all
imes be relied upon. The State Treas
Irer has recently announced some Pc 1
uliar views of his duty which other
arties think are at variance with fair
reatment, and refers the dissatisfied .
o the courts for their remedy. We can f
ot forecast decision in such case, t
an issue were made, though it looks $
s though the Treasurer is confident he =
as the court. and that there will be no S
ifficulty in finding or making a law \
D sustain him. A tribunal that can d
nd legal distinction between law i
ully issued State warrants, may be c
expended upon for other surprising d
iscoveries. b