The true Democrat. [volume] (Bayou Sara [La.]) 1892-1928, 1912-03-09

The first time i'm the history Of Lou
.siana, the privilege of electing an
Associate Justice Of that court.
These judges are now elected-as
they were formerly appointed-for
term of twelve years. And this will
be the first vacancy in this district
since the Constitution was amended
by the votes of the people so as to
give them the authority to name
their own Supreme Judges.
The lawyers of New Iberia and st.
Martinville are distributing conSid-
cradle literature, advocating the can
didacy of the present Chief Justice
Joseph A. Breaux. With due regard
for their kindly sentiment and their
partiality for their venerable jurlst,
we must take issue with their argu-
ments in his behalf.
In the first place, these attorneys
seem to have overlooked the artl-
Gle of the Constitution which pro-
yides that when the office of Chief
Justice becomes vacant, by the eX-
piration of his term or otherwise,
the Associate Justice who has serv-
ed the longest time shall become
Chief Justice, and the newly elected
Judge will become only an Associate
Justice. The Associate Justice who
has served the longest time upon
our Supreme Bench is the Honora-
BILE Francis A. Monroe He will there
fore become Chief Justice, and who
ever is elected to fill the vacancy
will be an Associate Justice only.
These lawyers who are advocating
the candidacy of Judge Breaux con-
yey the impression that he can con-
tinue in his present high office, or
succeed himself, as Chief Justice,
when they ask: What reason is
there to suggest his retirement?'
The answer is that he may retire
upon full pay and thus maintain his
lofty position as the retired Chief
Justice of Louisiana; but he is not
eligible to be elected Chief Justice
The lawyers of New Iberia recent
ly held a bar meeting and adopted
resolutions, which were published in
the New Iberia Enterprise; and from
which we quote the following argu
ment:
Judge BreauX will be entitled tC
withdraw on a pension of $4,000 on
account of age and service, just be-
fore the expiration of his present
term; but, being able to fulfill the
duties of the office, he is willing t.
continue in the service of the state
and receive the $4,000 as a salary
and not as a pension, a clear say
ing of $4,000 a year"
4 After quoting the above, the edi
tor of the New Iberia Enterprise
] pursues the same line of argumen
| in the following language:
) IF Judge Breaux is entitled to re
: tire upon a pension at the expira
ton Of his term but prefers to Civ
his services to the state, will thu
state be made to pay the salary o
1, another judge, that private ambitio
may be gratified? We hope not
:, Judge Breauxs term will expire Il
1914, when he will have served tW'
full terms, or twenty-four years. AS
{, sociate Justice Monroe will then sue
D.. coed him as Chief Justice. Judg
+ Monroe's successor must be nominal
: ed in the next primary, and be elect
y cd in November Of this year, t.
serve from 1914 to 1925. Judg
I Breaux may retire on full pay at an
time after he arrives at the age Q
: St y enty-five years. He will reacl
that age after the election but be
Q fore his present term will expire.
!. Not let us see if this idea of ecoT
D Omy-saving the state the salary {
}. Judge by imposing the work upc
= one who is entitled to receive tn
n pay as a pension-is a sound argl
e ment. Let US see if the argumen
J. can be monopolized in behalf Of
e candidate who is eligible or nea1
o eligible to retire on full pay.
The only way that the election {