xt7mpg1hkp9w https://exploreuk.uky.edu/dips/xt7mpg1hkp9w/data/mets.xml Louisiana Louisiana Historical Records Survey 1941 Other contributors: United States. Work Projects Administration. Division of Community Service Programs.  [9 l.] ; 28 cm. UK holds archival copy for ASERL Collaborative Federal Depository Program libraries. Call number FW 4.14:L 93-4/10/ser.2. books  English University, La. : Dept. of Archives, Louisiana State University This digital resource may be freely searched and displayed in accordance with U. S. copyright laws. Louisiana Works Progress Administration Publications Inventory of the State Archives of Louisiana, Series II- The Judiciary, No. 3- The Courts of Appeal, prepared by the Louisiana Historical Records Survey, Division of Community Service Programs, Work Projects Administration text Inventory of the State Archives of Louisiana, Series II- The Judiciary, No. 3- The Courts of Appeal, prepared by the Louisiana Historical Records Survey, Division of Community Service Programs, Work Projects Administration 1941 1941 2015 true xt7mpg1hkp9w section xt7mpg1hkp9w   » » A I r   I
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b i No. 3. THE COURTS OE APPEAL
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 INVENTORY OF THE STATE ARCHIVES
OF LOUISIANA
SERIES II. THE JUDICIARY
No. 3. THE COURTS OF APPEAL
Prepared by
The Louisiana Historical Records Survey
Division of Community Service Programs
Work Projects Administration
University, Louisiana
The Department of Archives
Louisiana State University
September 1941

 HISTORICAL RECORDS SURVEY PROJECTS
Sargent B. Child, Director
John C. L. Andreassen, State and Regional Supervisor
Vergil L. Bedsole, Acting Project Technician
RESEARCH AND RECORDS PROGRAMS
Harvey E. Becknell, Director
A. L. Gardner, State Chief
DIVISION OF
COMMUNITY SERVICE PROGRAMS
Florence Kerr, Assistant Commissioner
Leo G. Spofford, Chief Regional Supervisor
- Alma S. Hammond, State Director
WORK PROJECTS ADMINISTRATION
Howard O. Hunter, Commissioner
C, B. Braun, Regional Director
James H. Crutcher, State Administrator
 
SPONSOR
The Department of Archives
Louisiana State University
Dr, Edwin A. Davis, Archivist

 ' "To bring together the records of the
past and to house them in buildings where
they will be preserved for the use of men
living in the future, a nation must believe
l in three things. It must believe in the
past. It must believe in the future. lt
must, above all, believe in the capacity
of its people so to learn from the past
that they can gain in judgment for the
creation of the future."
--FRANKLIN DELANO ROOSEVELT

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 5
FOREWDRD
_ The lnvento£y_2f the State Archives pf Louisiana is one of a number
of guides to historical materials prepared throughout the United States
by workers on Historical Records Survey projects of the Work Projects
Administration. The publication herewith presented, an inventory of the
archives of the Courts of Appeal of Louisiana, is Ho. 5 of Series ll, The
Judiciary.
The Historical Records Survey program was undertaken in the winter
of 1955-56 for the purpose of providing useful employment to needy un-
employed historians, lawyers, teachers, and research and clerical workers.
In carrying out this objective, the project was organized to compile in-
ventories of historical materials, particularly the unpublished govern-
ment documents and records which are basic in the administration of
local governments, and which provide invaluable data for students of po-
litical, economic, and social history. Up to the present time approxi-
mately 1,400 Survey publications have been issued throughout the country.
The archival guide herewith presented is intended to moot the require-
ments of day-to-day administration by the officials of the state, and
also the needs of lawyers, businessmen, and other citizens who require
facts from the public records for the proper conduct of their affairs.
The volume is so designed that it can be used by the historian in his
research in unprinted sources in the same way he uses the library card
catalog for printed sources.
The inventories produced by Historical Records Survey projects
attempt to do more than give merely a list of records - they attempt
further to sketch in the historical background of the state or other
unit of government, and to describe precisely and in detail the organi-
zation and functions of the government agencies whose records they list.
The state, county, town, and other local inventories for the entire '
country will, when completed, constitute an encyclopedia of state and
local government as well as a bibliography of local archives.
The successful conclusion of the work of the Historical Records A
Survey projects, even in a single state, would not be possible without
the support of public officials, historical and legal specialists, and
many other groups in the community. Their cooperation is gratefully
acknowledged.
The Survey program was organized by Luther H. Evans, who served as
Director until March l, 1940, when he was succeeded by Sargent B. Child.
The Survey operates as a Nation-wide series of locally sponsored pro-
jects in the Division of Community Service Programs, of which Mrs.
Florence Kerr, Assistant Commissioner, is in charge.
H WARD 0. HUNTER
Commissioner of
Work Projects
iii
g p . »

 FREFACE
The Nation—wide WPA Historical Records Survey was organized to
inventory state and local archives, early American imprints, church
archives, and collections of manuscripts. In Louisiana, the Historical
Records Survey new operates as a unit of the State-wide Records Project,
which is sponsored by the Department of Archives, Louisiana State
University, and some seventy local governmental bodies.
The present inventory of the records of the Courts of Appeal of
louisiana is a section of the Inventory of the State Archives of Louisiana
being prepared by the Survey. Em ett Assaff,jassi§tant_Froject"Techni-
oian, is the Project Supervisor responsible for this and succeeding
volumes in the series. Laurine Delbasty was of invaluable assistance in
compiling the preliminary data used in this volume as well as for her
editorial criticisms. The initial inventory of the records was made
in l940. Louis Hermann, Forms and Entry Editor, made the final recheck
of the inventory during May and June l94l. The records, listed in this
publication, include all that could be found and are arranged under the
office of origin or of final destination and by subject. Although a
condensed form of entry is used, information is given as to the limiting "
dates of all extant records, the contents of the individual series, the
location of the records, and other general information.
The Inventory of the State Archives of Louisiana will, when completed
consist of a volume~onmstate~governmendrirfgeheral as Louisiana and four
_ individual series on the state agencies. The four series will include
agencies in the following fields: l) legislative, 2) judicial, 5) execu-
tive, and 4) miscellaneous and independent agencies. The series will be
subdivided in accordance with the number of agencies grouped under each.
This volume is numbered Series II, No. 3, to indicate its position in
the full series. The organization of the state archives inventory is
based very largely upon the functional organization of the reorganized
state government under Act No. 47 of 1940 which was validated by Act No.
384 of l940, amending the Constitution of l92l. However, the supreme
court voided the amendment in Graham et al. v. Sam H. Jones et al., and
so the eventual organization of the stateugovernment is—not·e§actly
clear at this time.
The publications of the Survey are distributed, under the sponsor-
ship of the Department of Archives of the Louisiana State University, .
to state and local public officials and libraries in Louisiana and to a
lnnited number of libraries and governmental agencies outside the state.
Requests for information should be addressed to the State Supervisor, or
to Dr. E. A. Davis, Archivist, University, Louisiana. The Survey is in-
debted to officials of the courts of appeal and of the district courts
throughout the state for their generous cooperation.
JOHN C. L. AHDREASSEN
State Supervisor
State-wide Records Project
September l94l OP—l65—l—64—l6l
204 Old Criminal Courts Building
Tulane and Saratoga Streets
New Orleans, Louisiana
iv
g i _
5 l ~ .,.. W c

 TABLE OF CONTENTS
Page
Foreword . . . . . . ....... . ........... . . iii
Preface . . . . . . . . . . . . . . . . . . . . . . . . . . . iv
General
Abbreviations, Symbols, and Explanatory Notes . . . . . . . . l
The Courts of Appeal of Louisiana . . . . . . . . . . . . . . 5
Chart of the Louisiana Judiciary . . . . . . . . . . . . . . 15
Notes on Chart of the Louisiana Judiciary .... . . . . . l7
Maps of Courts of Appeal of louisiana on Circuit . . . . . . · l9
List of Parishes of Louisiana by Circuit and District . . . . 24
Housing, Care, and Accessibility of the Records . . . . . . . 25
Floor Plans of Courthouses . . . . . . . . . . . . . . . . . 26
Records of the Courts of Appeal ..... . . . . . . . . . . 29
Judges of the Courts of Appeal, l880-- . . . . . . . . . . . . 78
Table of Cases ...... . . . . . . . . . . . . . . . . . . 81
Bibliography . . . . . . . . . . . . ...... . ..... . 84
Chronological Index . . . . . . . . . .... . . . . . . . . 86
Subject and Entry Index . . . . . . . . . . . . . . . . . . . 88
List of Survey Publications . . . . . . . . . . . . . . . . . 95
v

 (First entry, p. ze)
ABBREVIATIONS, SYMBOLS, AND EXPLANATORY NOTES
Abbreviations
siph. - a1phabetical(ly) lng - E rebus (in the case cr
approx. — approximate(ly) matter of)
arr. - arranged, arrangement La. - Louisiana, Louisiana Reports
art(s). - article(s) La. A. - Acts of the Louisiana State
aver. - average Legislatures
bldg. — building La. Ann. - Louisiana Annual Reports
cf. - compare La. App. — Louisiana Appeals (Courts
ch(s). - chapter(s) of Appeal Reports)
chron. - chronological(ly) n. d. - no date
col(s). — column(s) n. p. - no place of publication
comp. - compiler given
Const. - Constitution no(s). — number(s)
E. S. - Extra Session numer» - numerical(ly)
et al. — et alii, it alias _2p. cit. - opere citato (in the work
‘“" .(-and others) ""` cited)
f(f). - and following pages p(p). - page(s)
hdw. - handwritten sec(s). - section(s)
ibid. - ibidem (in the same place) v. - versus (against)
idem — the same reference vol(s). - volume(s)
i. e. - id est (that is) WPA - Work Projects Administration or
incl. - inclusive Works Progress Administration
Symbols
x — by (in dimensions) " - inch(es)
-— - to date and continuing % — per cent
’ - foot, feet
Explanatory Notes
Titles of Records. Exact titles of records are written in solid
capitals withdut brackets (see entry 3). In the absence of titles, des-
criptive titles have been assigned, which are written in solid capitals
and enclosed in brackets (see entry 2). If a record title is not des-
criptive of the contents of the record, an assigned explanatory title
(or explanatory words), written with initial capitals and enclosed in
parentheses, has been added (see entry l2). The current or most recent
title of a record is used as the entry title and title variation is
indicated (see entry 8).
Dates. The first and last dates of the record are shown in the
title line of the entry. One date followed by two dashes signifies that
this record is current, as 1924--. Continuous records are shown by a
hyphen between the beginning and closing dates, as l908—l9. Gaps in
the records are indicated by a comma between groups of inclusive dates,
as 1895-96, l898-l908, l9lO--.

 - 3 -
Abbreviations, Symbols, and Explanatory Notes (First entry, p. 29)
Labeling. Figures or letters in parentheses, following the number
of volumes, file boxes, or other types of containers, indicate the
labeling. lf no labeling is indicated, it may be assumed that there is
none.
Dimensions. The dimensions of volumes, file boxes and maps are
given in inches.
Discontinuance. Where no statement is made that the record was
discontinued at the last date shown in the entry, it could not be def-
initely established that such was the case. Where no comment is made
on the absence of prior, subsequent, or intermediate records, no
definite information could be obtained.
Description of Records. The description of the contents of a record
applies only to the current or most recent record unless a change in
contents is actually shown in a record entry.
Condition of Records. Records are in good condition unless othcr—
wise indicated.
Location of Records. When all or the majority of the records of
an office have a common location, the location is indicated in the last
sentence of the office essay instead of in each individual entry.
Cross References. The title-line cross reference (see entry le)
is used to show that a record completes a series, and is complemented
by a body—of—entry reference (see entry 5). The entry containing the
title—line reference may be an artificial entry (see entry 5) designed
to give prominence to records, which, though differing in character,
are kept or recorded together. `We also use this style of cross refer-
ence for the purpose of logically segregating differing typos of _
records, which happened to have been recorded in the same book or are
kept in the same series of file boxes.
Citations. Citations to the acts of the Legislatures and General
Assemblies of the State of Louisiana refer to the act and section V
numbers.
.`l ’

 (First entry, p. 29)
THE COURTS OF APPEAL OF LOUISIANA
During Louisiana's early history the judiciary consisted of a
supreme court, district courts, parish courts, and other minor courts.
This, of necessity, resulted in thousands of cases being appealed to the
supreme court, thus burdening that tribunal with many appeals which
might easily have been heard and determined by other appellate courts.
The Constitutional Convention of 1879 in order to relieve the congested
docket of the supreme court and yet not deny the privilege of appeal
created courts of appeal which would be courts of last resort in civil
and probate matters not exceeding a specified amount. The supreme court,
nevertheless, retained control over these inferior courts and could, in
its discretion, review any case under the wide supervisory powers vested
in it by the constitution.
Since the creation of the courts of appeal by the Constitution of
1879,(1) they have undergone many fundamental changes in organization
and jurisdiction. The Courts of Appeal of Louisiana as originally os-
tablished consisted of six circuits.(2) The structural organization of
these courts remained in effect until a constitutional amendment of 1906
f reorganized the intermediate courts.(5) Since 1907, there have been
three courts of appeal known as the First Circuit Court of Appeal, the
Second Circuit Court of Appeal, and the Court of Appeal for the Parish
of Or1eans.(4)
The composition of these intermediate courts has been.subject to
much revision since 1879. The Constitution of 1879 provided that each
of the courts of appeal would be composed of two judges elected by the
legislature in joint session.(5) Radical changes in the membership of
the courts of appeal were incorporated into the organic law by the Con-
stitution of 1898. Each court was to be composed of the two appellate
judges until July 1, 1900, from that date until July 1, 1904, of the
appellate judge whose term had not expired and a district court judge
designated by the supreme court, and after July 1, 1904, of two district
court judges assigned by the supreme court provided that no district
judge was to be named to a court of appeal which reviewed decisions of
his court.(6) These changes applied to only five circuits. Entirely
different provisions were made for the Court of Appeal for the Parish of
Orleans. After August l, 1900, this court was to hear appeals not only
from the Parish of Orleans but also from the parishes of Jefferson, St.
Charles, Plaquemines, and St. Bernard.(7) The court was to be composed
1. Const., 1879, art. 80.
2. Ibid., arts. 97, 128; Const., 1898, arts. 99, 151.
5. La. A., 1906, #157, secs. 5, 6.
4. Idem; Const., 1915, arts. 100, 151; Const., 1921, art. VII, secs. A
20, 76. The grouping of the parishes into circuits is outlined in
Historical Records Survey, Judicial and Congressional District
Boundary Lgg in Louisiana, pp. 50—54T—_ _~_- _‘
5. Const., 1879, arts. 96, 128.
6. Const., 1898, arts. 99, 151; La. A., 1900, #7.
7. Const., 1898, art. 151.

 - 4 -
The Courts of Appeal of Louisiana {First entry, p. 29)
of three judges elected by the voters of the parishes comprising the cir-
cuit.(8) Since 1907, each of the courts of appeal has been composed of
three judges. The first and second circuits are subdivided into three
districts, from each of which a judge is elected. The judges of the
Court of Appeal for the Parish of Orleans are elected from the entire
circuit.(9)
The qualifications of judges of the courts of appeal have, with
minor changes, remained the same since the creation of the intermediate
courts in 1879. In order to be eligible for membership on a court of
appeal, a candidate must fulfill the following requirements: 1) United
States citizenship, 2) qualified elector of the state, 5) a practicing
attorney in the state for at least 6 years,(10) and 4) an actual resident
of the district for at least 2 years immediately preceding the elec-
tion.(11)
The members of the courts of appeal throughout nie state are re-
quired to take the oath of office before assuming their duties as offi-
cials of the state. The judge must swear or affirm.that he will
"faithfully and impartia11y" administer the duties incumbent on his
office and that he will support the constitution and laws of the state
and the United States.(12) After the oath is administered, the judge is
officially a servant of the state and legally capable of performing all
functions devolving on his office.
V The term of office of the judges of the courts of appeal has always
been fixed by the constitution and has remained substantially the same
since 1879. From the creation of the appellate courts until 1921, the
judges served overlapping terms of 8 years.(15) Since 1921, the judges
have been elected for 12 years.(14) The method of selecting state judges
has been for many years a controversial issue among scholars, students,
8. Idem.
9. Idem; La. A., 1906, #i57, sec. 2 amending Const., 1898, art. 99;
Const., 1915, arts. 99, 151; Const., 1921, art. VII, secs. 19, 78.
10. Credit is given in meeting this qualification for time served as
a judge of a court of record; ibid., art. VII, sec. 59. See also I
Const., 1879, art. 115; Const., 1898, art. 115; Const., 1915, art.
115.
11. Const., 1879, arts. 96, 128; Const., 1898, arts. 99, 151; La. A.,
1906, #157, SBC. 2 amending Const., 1898, art. 99; Const., 1915,
arts. 99, 151; Const., 1921, art. VII, secs. 19, 76. Judges of
the Court of Appeal for the Parish of Orleans are required to be
residents of any parish in the circuit.
12. Const., 1879, art. 149; Const., 1898, art. 160; Const., 1915, art.
161; Const., 1921, art. XIX, sec. 1.
15. Const., 1879, arts. 96, 129; La. A., 1880, #16, sec. 1; Const.,
1898, art. 151; Ia. A., 1906, #157, sec. 5 amending Const., 1898,
art. 100; Const., 1915, arts. 100, 151.
14. Const., 1921, art. VII, secs. 19, 76.
  A

 - 5 -
The Courts of Appeal of Louisiana (First entry, p. 29)
and members of the bar.(l5) The chief objectives in determining how the
state judges should be selected are to remove the judiciary from politi-
cal manipulations and to secure the selection of able and noted lawyers
by groups capable of making such appointments.
Until 1907, the judges of the courts of appeal received salaries of
$4,000 per year.(l6) A constitutional amendment of 1906 fixed the com-
pensation of the judges of the first and second circuit courts of appeal
at $4,000 and those of the Court of Appeal for the Parish of Orleans at
$5,000.(17) This remained in effect until the Constitution of 1921 in-
creased the salaries of all the judges to $6,000.(18) However, the
legislature was empowered to increase the compensation fixed in the
constitution if two—thirds of the members concurred.(19) Acting in pur-
suance of this authority, the legislature in 1928 increased the salaries
of judges of the courts of appeal to $8,000.(20) The City of New Orleans
may, in its discretion, pay an additional sum, not exceeding $1,000 per
year, to each of the judges of the Court of Appeal for the Parish of
0r1eans.(2l) Since 1920, the judges of the courts of appeal have received
traveling expenses while on circuit, at the rate of $6 per day.(22) The
clerk is required to travel with the court of appeal when it is on cir-
cuit but received no additional compensation.(25)
During the nineteenth century and the early part of the twentieth,
no provision was made for retiring judges of the courts of appeal. E1ab—
orate provisions for the retirement of the judges are now incorporated
in the organic law of the state. A judge of any appellate court may re-
tire at tw0—thirds pay under any one of the following conditions: 1) age
of 65 after having served on a court of record 20 years immediately pre-
ceding retirement, 2) age of 70 if he has served as a judge of a court
of record 15 years immediately preceding retirement, and 5) any age after
15. See E. T. Florence, "Reform of the Judicial System," Report of the
Iguisiana Bar Association, Appendix G, XVI (1915) 247T256?_8en‘RT—
Miller, "Judicial Reorganization," Tulane Law Review, VII (1952)
255-251; R. F. White, "Need of Reorganization of the Appellate
Courts and for a Judicial Council," Tulane Law Review, IV (1950) "
409-411; Hamid J. iasiri "nis Technique ¤r`%eIET§f'App¤1i¤a¤em,**
Michigan Law Review, XXIV (1926) 529-545; "Louisiana Bar Associa-
tion Perfgrms Notable Service in Formulating Judicial System,"
prepared by a special committee of the bar headed by W. B. Spencer,
‘ Journal pf the American Judicature Society, V (1921) 19-25.
16. Const., 1879, arts. 105, 128; Const., 1898, arts. 105, 151.
17. La. A., l906,—#157, sec. 2 amending Const., 1898, art. 99.
18. Const., 1915, art. 99; Const., 1921, art. VII, secs. 19, 76.
19. Ibid., art. III, sec. 5%.
20. La. A., 1928 E. S., #2.
21. ibm., #16.
22. La. A., 1920, #216.
25. Const., 1921, art. VII, sec. 28; La- A., 1926, #55; La. A., 1956,
asia.

 - 5 -
’ The Courts of Appeal of Louisiana (FiF$T GHIFYJ P- 29)
having served more than 25 years continuously as a judge of a court of
record. A judge must retire at the age of 80, and if he has served 20
years as a judge of a court of record, he will receive full pay for life.
If a judge becomes incapacitated mentally or physically and the majority
of the remaining members certify that fact, he is retired at two—thirds
p¤y·(24}
All of the state constitutions have established methods for removing
inefficient and corrupt officials. Judges of the courts of appeal may be
removed from office in three ways, namely: 1) impeachment, 2) address of
the legislature, and 5) judgment of the supreme court.(25)
Since the Constitution of 1879 made no specific provision for filling
vacancies in the courts of appeal, the governor with the approval of the
senate, acting under a general authorization, filled them.(26) The legis-
lature in 1884 authorized the legislature, sitting in joint session, to
fill vacancies in the courts of appeal for the unexpired term.(27) The
Constitution of 1898 provided only for vacancies in the Court of Appeal
for the Parish of Orleans. Vacancies in the membership of this court
were to be filled for the unexpired term by the governor with the approval
of the senate.(28) When the courts of appeal were reorganized by amend-
ment in 1906, provision was made for filling vacancies in the first and
second circuits by the governor with the approval of the senate until the
next congressional e1ection.(29) The Constitution of 1915 continued the
two different methods for filling vacancies in the courts of appea1.(50)
4 Since 1921, vacancies in the courts of appeal have been filled by the
governor with the approval of the senate until the next congressional
election at which time the vacancy is filled for the unexpired term.(51}
Judges of the courts of appeal may be called to the supreme court
under any one of the following conditions: first, a majority of the
court cannot reach a decision,(52) second, the docket of the court is .
congested,(55) third, there is a vacancy in the membership of the court,
(54) and fourth, the court is attempting to remove one of its own members.
24. Const., 1921, art, VII, sec. 8 as amended. I
25. Const., 1879, arts. 95, 196, 197, 200; Const., 1898, arts. 165, 217,
218, 220, 221; Const., 1915, arts. 217, 218, 220, 221; Const., 1921,
art. IX, secs. 1-5, 5.
26. Const., 1879, art. 69.
27. La. A., ieee, #2.
28. Const., 1898, art. 151.
29. La. A., 1906, #957, sec. 5 amending Const., 1898, art. 100.
50. Const., 1915, arts. 100, 151.
51. Const., 1921, art. VII, sec. 21.
52. Const., 1898, art. 89; Const., 1915, art. 89; Const., 1921, art.
VII, sec. 4.
55. Ibid., art. VII, sec. 5.
54. La. A., 1904,·#157, sec. 1 wnending Const., 1898, art. 86; Const.,
1915, art. 86; Const., 1921, art. VII, sec. 7.

 - 7 -
The Courts of Appeal of Louisiana (First entry, p. 29)
(55) Since 1921, the supreme court has been authorized to call in two
judges of the courts of appeal to form a third division in case the docket
of the court becomes congested, but not more than one may sit in any
division at the same time.(56) For any cause sufficient for impeachment,
the judges of the supreme court may be removed by a court of not less than
seven, composed of the supreme court justices not connected with the case
and a sufficient number of judges of the courts of appeal, oldest in point
of service.(57) Vacancies in the membership of the supreme court are
filled by the supreme court which must select a judge of a court of appeal
from a supreme court district other than the one in which the vacancy
occurs, but if 2 years or more remains of the term, the governor must call
a special election to fill the vacancy.(58) Provision has also been made
for any vacancy that might occur in the membership of a court of appeal.
District judges may be called to serve on a court of appeal in any one
of the following circumstances: first, the docket is congested,(59) second,
judges of the courts of appeal are serving on the supreme court,(40) and
third, two judges cannot cencur.(4l)
The jurisdiction of the courts of appeal has varied considerably
since 1879. Their authority and power depend largely on how the supreme
court interprets their jurisdiction as well as its own. If the supreme
court interprets its own jurisdiction literally, then this necessarily
increases the scope of authority of the appellate courts. On the other
hand, if the supreme court interprets its own powers broadly or states it
will use them in its discretion, the jurisdiction of the courts of appeal
‘ is certainly restricted.(42)
Soon after the creation of the appellate courts, the supreme court
ruled that they were amenable to its supervisory power and in that respect
were inferior courts.(45) The supreme court exercises control over the
55. Ibid., art. IX, sec. 4.
56. Ibid., art. VII, sec. 5.
57. Ibid., art. IX, sec. 4.
58. Ibid., art. VII, sec. 7. See also La. A., 1904, #157; Const., 1915,
art. 86. .
59. Const., 1921, art. VII, sec. 50.
40. Ibid., art. VII, sec. 12.
41. La. A., 1882, #d25; Const., 1898, art. 102; Const., 1915, art. 102;
Const., 1921, art. VII, sec. 26.
42. For discussions of the jurisdiction of the various courts see
Historical Records Survey, The Supreme Court of Louisiana;—CT P.
Fenner, “Jurisprudence of the_Supreme Court of—Louisiana," Louisiana
Reports, 155 (1915) LXI—LXVI; Melvin Evans, A Study in the State
Government of Louisiana; Ben R. Miller, The Louisianaifudiciaryg
w. K. Dai~e,'"nie Louisiana Judicial syee`§rIj' 1o¤iiSiani"1i`§S=¤
Annotated, 1 (1917) 1-61; Garden ireiaiia, "Louisiana's Legai system
Appraised," Tulane Law Review, XI (1957) 585-598.
45. State v. Judges, Court of Appeal, Parish of Orleans, 55 La. Ann. 558
TEE)? _""` """°""` _`;"""`—""`

 - 3 -
The Courts of Appeal of Louisiana ’ii¤"Ueiire1es, 154 La. ezs (iam); 2mT5e;~   "
Co. v. Rod in, 150 La. 558 {1912). Cf with Long_X. Martin, 194 La.
797 T1940) and Long v. Looney, 194 La. 811 (1940).
46. Brunner Merc. Ce. v[—Rodgin, 150 La. 558 (1912); In re Murff, 50 La.
Ann. 998 11898); IE re Ingersoll, 50 La. Ann. 748—Tl898$.
47. State v. Judges Circuit Court pf Appeal_fq;_the Second Circuit, 52
La. Ann. 774 {1880); State v. Judges, Fifth Circuit Court of Appeal,
48 La. Ann, 672 (1896); State ex rel McGee, Snowdon, & Violett v.`_
Judges, Court of Appeal, Parishiq§_0r1eans, 55 La. Ann. 180 11881);
State ex Eel Davidson.v. Judges, Court p£_Appea1, Parish pf Orleans,
57 La.—Ann. 109 (1885).
48. Const., 1921, art. VII, secs. 10, 11; In re Murff, 50 La. Ann. 998
(1898); Williams v. Broussard et al, 5l—haT`555“Tl899); Ducre v.
miner, ive La.- ee? (1952)% "` `°‘ "‘ “
49. Fuller Bros. Xe Duke, 124 La. 596 (1909).

 - 9 -
The Courts of Appeal of Louisiana (First entry, p. 29)
if on direct appea1.(50) The supreme court may, in its discretion,
require by certiorari or otherwise cases to be certified to it by the
courts of appeal for its review and determination provided that if there
is in conflict a question of law in respect to the jurisprudence of the
supreme court or one of the courts of appeal not already settled, the
appeal shall be granted of right.(51) If a court of appeal certifies a
question to the supreme court for its instructions, it is required to
state the facts pertinent thereto, and the supreme court will not go fur-
ther in the determination of the question. However, if the supreme court
decides to grant a