42 So. 199 | La. | 1906
By article 84 of the Constitution it is provided that the judicial power shall be vested in the courts created by the Constitution itself; but by article-96 the Legislature is authorized to create city courts with certain civil and criminal jurisdiction, and under that authority the city court of
We do not see why not. The rule is, as expressed by Black, Const, p. 301, that:
“The Legislature of a state may lawfully enact any law, of any character, on any subject, unless it is prohibited, in the particular instance, either expressly or by necessary implication, by the provisions of some law which it is bound to regard as supreme.”
And we find in our Constitution no such express or implied restriction upon the right of the Legislature to legislate upon the jurisdiction or powers of the district court. We do not find it in the division of the powers of government and their separate assignment to the three departments — the legislative, the executive, and the' judiciary — since the action of conferring jurisdiction upon a court is not an exercise of the judicial, but of the legislative, power. Nor do we find it in the verbiage of the article regulating the jurisdiction of the district court; since the language is affirmative, and not negative, or otherwise limitative. It is the effect that the district court “shall have jurisdiction of” such and such cases. The requirement that a court shall have jurisdiction of certain specified cases does not give rise to a necessary implication that the Legislature shall be inhibited from conferring upon such court jurisdiction of other cases.
Indeed, very far from finding in the Constitution anything giving rise to a necessary implication against the right of the Legislature to extend the jurisdiction of the district court, we find not a little giving rise to an implication in favor of the right. Thus article 48: “The Legislature shall not pass any local or special law regulating the practice or jurisdiction of any court.” (Ergo, it may pass to that effect a general law, and Act. No. 27 is a general law.) Article 96: “No duties or functions shall ever be attached by law to the district court, * * * except such as are judicial.” (Ergo, there may be attached additional functions such as are judicial.) Article 114: “No judge shall be affected in his * * * jurisdiction as to territory or amount during the term or period for which he was elected. * * * No judicial power except as committing magistrates in criminal cases, shall be conferred on any officer other than those mentioned in this title.” (Ergo, additional judicial power may be conferred upon those officers “mentioned in this title”; i. e., district judges.)
In article 96 the language is, “Criminal, jurisdiction which shall not extend beyond-' the trial of offenses not punishable by imprisonment at hard labor,” and in article 126-it is, “Criminal jurisdiction over misdemeanors,” and hence there is a difference in the-verbiage of the two articles; but there is no difference in their meaning, for a misdemean- or is nothing more or less than an 'offense-not punishable by death or imprisonment at hard labor. A misdemeanor is defined to be“an indictable offense which does not amount to felony” (A. & E. E. of L. vol. 20, p. 802; volume 8, p. 281); and felony is defined to be-offense punishable by death or imprisonment at hard labor. Hen. Dig. p. 856, No. 4.
We conclude that the Hart Case is not a-precedent for the present case, and that there-is nothing in the Constitution to prevent the-General Assembly from legislating upon the-subject of the appellate jurisdiction of the-courts, whenever it can be done without conflicting with any jurisdiction already conferred by the Constitution.
It is therefore ordered, adjudged, and decreed that the judgment dismissing the appeal of the relatrix be set aside, that the-