The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-09-19

NOiaries Public
Under the old Constitution Of Louisiana nota-
ries public were appointed for life, The ninety
sixth article of the new Constitution, however,
provides that the duration of all Offices not Fixed
by this Constitution shall never exceed four years
No special term is named by the Constitution Of
ls45 for the Office Of notary public; hence the
tenure of notaries is limited to four years. Those
who were appointed previous to the first Monday
in December, 1916, when the new Constitution
went into operation can retain their places until
December, ls49 while the notaries appointed since
December, 1916. hold their commissions for four
years from the time of appointment
In regard to notaFies the new Constitution took
no doubt, a step in the right direction when it
limited their tenure of office and placed them on
the same footing with clerks Of District Courts
They are part Of the Judiciary system of the coun-
try, and such it was proper that they should not
be excluded from the reforms which characterized
the course Of our last convention. Had the nota-
ries been permitted to retain their offices for life,
while the Judges Of the District Courts held theirs
for six years Only, and those of the Supreme Court
for eghtyear it would have been an absurdity too
glazing for criticism, too gross for ridicule The
spectacle would have been presented of the inferior
officer holding by a tenure far more secure than
that Of his superior and such conduct would have
been tantamount to a declaration that it mattered
not what sort of man was made notary-whether
good or bad, he might as well keep his Office for
life as be deprived of it at the end of certain
term Of years.
But this latter proposition is far from being true
1t may not be as important for us to have able and
experienced men exercise the duties of notary as
to have such men on the Supreme Bench of the
State but it is fully as Importantly have conscien-
tious and strictly honest men notaries as to have
judges of such character. The duties which are
entrusted to notaries are of the most sacred charac
ter, and on their proper performance depends, to a
great extent, the we'll being and prosperity Of
oiety It is as requisite, we will venture to say for
the maintenance and security of property to have
good notaries as good judges; and the notarial Of
fee is of much more significance than the Office Of
clerk Of a District Court. The new Constitution,
therefore, wisely provides that noiaries shall not
hold during lifs-that il at the end Of certain Pc
Rod they found not to perform their functions
with capacity and integrity, they may be removed
and replaced by better and ADLER men.
But has the Constitution gone far enough in the
reform! Notaries should, no doubt, have their Of
fees limited to term of years oughtthey not also
10 be elected by the people! They may be placed
in the same category with justices of the peace,
sheriffs clerks of courts and district Judges. 1t is
expected that an effort will be made by the next
Legislature TO make the District and Supreme
Judges Of the State elective by the peoples will it
not be well for the same Legislature to carry out
the spirit Of its proposed reforms and repeal the sta
tute which gives the Executive the right of appoint
ing noiares At the expense of much time and
trouble, the Legislature will probably attempt the
change in the judicial system by recommending
change of Constitution. The change in the man
Of selecting notaries, important almost the
other improvements talked of, may be effected by
the mere will of the Legislature. For this reform
the Constitution is not to be re-modeed 1t is only
necessary to repeal one statute and enact another
If the habit Of appointing notaries be persevered
in after all our judges are made elective by the
people, it will be an anomaly in, and therefore an
injury to our institutions They are clearly part Of
the judiciary system of the country. and the mode
of their appointment should be in harmony with
our manner Of selecting other judicial agents. 1t is
clear, too, that government becomes pure in the
same proportion that all its parts are separated
from and made independent of the Others There.
FORE highly essential for the sake Of the citizens
Of the State that all portions Of the Judiciary should
be rendered entirely independent Of the Executive
Department. But how can an officer be free from
Executive influence when the office is bestowed
by the will Of the Governor! 1t is to be hoped,
then, that the next Legislature will carry out the
| spirit of the new Constitution and make notariea
public elective by the people, as the Constitution
has made them hold their office for term of years
instead of for life.