The Thibodaux sentinel. (Thibodaux, La.) 1905-1912, 1912-03-16
Paramount Considerations
Concerning The Supreme
Court Justice.

The voters Of the Fourth Supreme
Court District H,l soon enjoy, for
the first time IL the history OF Lou
isiana, the privilege Of eIecting an
| Associate Justice Of thst court.
These judges are no" e'ec.ed-as
they We're formerly Approximation a
term of twelve years. And this viii
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 10 name
their own Supreme judges.
The lawyers of New Iberia and S..
Martinvile are distributing consid-
erabie literature, advocating the eau
dldacy of the present Chief Justice
Joseph A. Breaux. With the regard
for their kindly sentiment and their
| partially for their venerable jurist,
We must take issue with their argu-
| ments in h's behalf.
In tue first place, these attorneys
seem to have overlooked the arti-
Gle Of the Constitution which pros
v,des that when the office of Chief
Justice becomes vacant, by the ex-
piration of the term or otherwise,
the Associate Justice who has serv-
ed the longest time shall become
Chief Justice, aud 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 Hopora-
BILE Francis i. Monroe He will there
fore become Chief Justice. and who
ever is elected to fill the vacancy
will be AN Associate Justice onlr.
These lawyers who are advocating
the candidacy of Judge Breaux cons
vey the impression that he can oon-
tinue 10 his present high office, or
succeed himself, as Chief Justice
when they ask: "What reason
there to suggest his retirement?
The answer is that he may retire
upon full pay aid thus maintain hi
lofty position as the retired Chiefs
Justice of Louisiana, but he Is ND
eligible to be-eiected Chief Justice.
The lawyers of New Iberia recent
ly held 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 to
Withdraw on pension of $4,000 on
account of age and service, just be-
fore the expiration of his present
term; but, being able 10 fulfill the
duties of the office, he is willing to
continue in the service Of the state
aud receive the $4,000 as a salary,
and not as a pension, clear saving
Of $4,000 year.
After quoting the above, the edi.
or of the New Iberia Enterprise.
pursues the same line Of argument
in the following language:
"lf Judge Breaux is entitled to re-
tire upon pension at the expira-
ton Of his term but prefers to give
his services to the state, will the
state be made to pay the salary of
another Judge. that private ambition
may be gratitied? We hope DOT"
Ju lge Bn#lux's term will expire in
1914, when he will have served two
full terms, Or twenty-four years. As
sociate Justice Monroe will then sue
coed him of Chief Justice. Judge
Monroes successor must be nominal
ed in the next primary, and be elect.
ell in November of this year, to
serve from 1914 to 1925. Judge
Breaux may retire on full Fay at any
time after he arrives at the age of
seventy-ive years. He will reach
that age after the election but be-
fore his present term will expire.
Now let us see this idea Of econ
omy--sav,ng the state the salarv of
a judge by imposing the work upon
one who is entitled to receive the
pay as penslon-is a sound argu-
ment. Let US see il the argumen |
G an be molopollzed In behalf of
c ndidate who is eligible OF near
gible to retire on full pay.
The only way that the election of
Judge Breaux could save the state
$4,000 year, would be for him to
enter the campaign and say to the
voters that If they will elect hun he
will serve out another term of twelve
years, but that if he is defeated he
will retire on full pay before his pres
ent term expires. We are very
sure he will not make any such prop,
oslion. For it might bling on very
so-.iid and distasteful campaign and
it is unbecoming the character of
the man. Such az argument is as
improper as it would be for some
other candidate If he could afford
it) to PROMISE to serve without pay
during the lifetime CT Judge Breaux
if the latter should be defeated and
retire on full pay. 1t is clear that
unless Judge Breaux goes into the
campaign with the promise that be
will serve out his term if elected,
and retire on full paw If defeated,
there is nothing in the argument
that his election would save the
state the salary of another JUDGE. For