No. 11,179.
THE STATE EX REL. DISTRICT ATTORNEY VS. A. R. MOULI, RECORDER.
The recorders' courts are "examining courts," within the meaning of the statutes.
Judges of the District Courts have the power to act as magistrates, to cause offenders to be arrested, and bound over or discharged.
They do not do this as judges of the District Courts, nor as justices of the peace, but as magistrates authorized to perform these duties.
The recorders have similar powers, as committing magistrates, inbailable cases.
Under constitutional authority, the General Assembly " may provide for police or magistrates' courts."
Without restriction or limitation, the General Assembly has vested recorders with the authority of committing magistrates.
It is held in a number of decisions that recorders can exercise the functions of committing magistrates.
It should require very controlling considerations to induce any court to break down former decisions and lay again the foundation of the law.
No. 11,310.
THE STATE OF LOUISIANA EX REL. JEAN DUFFARD VS. HON. E. S. WHITAKER, RECORDER.
1. A judge who refuses to grant an appeal in an appealable case, on the ground that the issues raised had been repeatedly determined by the Supreme Court adversely to the contention of the parly moving for the appeal, and that the applicant was through his motion seeking to abuse the right of appeal acts unjustifiably. He has nothing to do with the motives prompting the exercise of the legal right nor the final result of the controversy,
2. Though the rulings of a judge in a cause be erroneous he is protected in that cause from liability for resulting costs, from motives of public policy.
