Page:The American Cyclopædia (1879) Volume X.djvu/679

LOUISIANA 673 servitude, except as a punishment for crime, shall exist. It fixes the seat of government at Xew Orleans. The executive power is vested in a governor, lieutenant governor (ex officio president of the senate), secretary of state, treasurer, auditor, attorney general, and super- intendent of public education, elected by the people for a term of four years. The gover- nor and lieutenant governor must be citizens of the United States, and residents of the state for the two years next preceding their elec- tion. The governor is commander-in-chief of the militia, grants reprieves and pardons, and has a veto upon the acts of the legislature, which may be overcome by a two-thirds vote of both houses. He enters upon his office on the second Monday of January after his elec- tion. In case of the death, resignation, or ina- bility to serve of the governor, the lieutenant governor performs the duties of the office. The salary of the governor is $8,000 ; of the treasurer, auditor, attorney general, and super- intendent of education, $5,000 each; and of the lieutenant governor and secretary of state, $3,000 each. The legislative power is vested* in a general assembly, consisting of a senate and house of representatives. The senators, 36 in number, are elected for four years, one half retiring biennially; the representatives, numbering not more than 120 nor less than 90 (present number, 107), hold office for two years. For senatorial purposes the state is divided into districts (at present 24) of as near- ly equal population as possible, no parish be- ing divided except Orleans, from each of which not more than two senators are chosen. The representatives are apportioned among the parishes and 12 representative districts of Or- leans according to population, each parish having at least one. After the state census of 1875 and every ten years thereafter a new ap- portionment is to be made. Every qualified elector of the district may be a representative^ and if 25 years of age a senator. The legisla- ture meets annually on the first Monday of January, unless a different day is appointed by law, but no session can continue longer than 60 days. Members receive $8 a day during at- tendance, and while going to and returning from the seat of government. The house of representatives has the power of impeachment ; the senate constitutes the court for the trial, a two-thirds vote being necessary for conviction. The judicial power is vested in a supreme court, district courts, parish courts, and jus- tices of the peace. The supreme court has ap- pellate jurisdiction only, and consists of a chief justice (salary $10,000) and four associates (salary $9,500) appointed by the governor with the advice and consent of the senate for eight years. They must be citizens of the United States, and must have practised law for five years, and the last three years before their appointment in this state. The state is to be divided every four years into not less than 12 nor more than 20 judicial districts (present number, 13), in each of which, except the par- ish of Orleans, which constitutes the first dis- trict, there is to be one district court, presided over by a single judge, having general juris- diction in criminal cases, original jurisdiction in civil cases in which the amount in dis- pute exceeds $500 exclusive of interest, and appellate jurisdiction in civil suits from the parish courts where the amount in dispute ex- ceeds $100 exclusive of interest. The district judges (salary $5,000) are elected by the people of. the respective districts for a term of four years, and must be citizens of the United States, over 25 years of age, residents of the state, and have practised law therein for two years next preceding their election. In the parish of Orleans there are seven district courts ; the first has criminal jurisdiction in all except capital cases, the second exclusive jurisdiction in probate matters, the third exclusive juris- diction of appeals from judgments of justices of the peace in general cases ; the superior dis- trict court has exclusive jurisdiction to issue writs of injunction, mandamus, and quo war- ranto, and of all proceedings in which the right to any public office is in dispute, and exclusive original jurisdiction in proceedings in which the state, the city of New Orleans, the board of metropolitan police, the board of school directors of New Orleans, or any corporation domiciled in that city, is interested, when the amount in dispute exceeds $100, besides ap- pellate jurisdiction of judgments of justices of the peace in such cases; the other three have exclusive jurisdiction in general civil cases, not probate, when the sum in dispute exceeds $100 exclusive of interest. A superior crim- inal court has recently been created, with ex- clusive jurisdiction in cases of murder, treason, &c., in the parish of Orleans. In each parish a judge of the parish court is elected by the peo- ple for two years ; these courts have jurisdic- tion in cases of misdemeanor when the accused waives a jury, of the probate of wills, &c. ; ori- ginal jurisdiction in other civil cases in which the amount in dispute is more than $25 and less than $500 exclusive of interest ; and appel- late jurisdiction of judgments of justices of the peace when the amount in dispute exceeds $10 exclusive of interest. In the parish courts there is no jury. Judges may be removed from office upon impeachment, or by the gov- ernor upon the address of two thirds of both houses of the legislature. Justices of the peace are elected by the people of the various par- ishes for two years, and have jurisdiction in civil cases when the amount in dispute does not exceed $100 exclusive of interest, and such criminal jurisdiction as may be conferred by law. All male citizens of the United States, except convicts, 21 years of age, who have resided in the state one year and in the parish ten days next preceding the election, are entitled to vote in the parish where they reside and at the precinct where they are re- gistered. General elections are held on the