New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1858-11-05
Stu @tleaas 1Rilp CJrfsrfnt.
ppTDty W0RNTNq. NOVEMBER s, 1858.
80 .rnpIoTAIY sYsrEM.


FRIDAY MoRNING, NOVEMBER s, 1858.
ELECTIVE JUDICIARY SYSTEM.
Our elective Judiciary system has been discussed
.a nosapapals aIl ever The country recently Nortl
aonfb Fsst aad west and the conclusion general
ayti,-sd AZ IS tat Il Is failure, The writers VII
nrps tlat II il 1 failure suggest various remedies
smonr which are Longer tenure Of Office, life Q
daring good behavior tenure, nominations by Cover
unrs lid combinations by Senates, larger salaries, s.
IS 10 obtain the highest talent ion the bench, etc
There q merit IN all these suggestions, sufficient t.
cattle them TO a respectful consideration, at the
hands Of those interested.
one argument against tile present system. especi-
ally ID Tie state 81 Louisiana is that the people take
% tle interest in Judicial elections that inl vote
s rarely, ii ever polled. This Is lamentably true.
The voters, ca general rule exhibit more interest
IN the election Of Constable or Sheriff than they
do in the election Of Judge. If an election for
GobstabIes and Sheriff Of the parish Of Orleans was
to Be held On Monday next, and an election for
judges u or six District Courts to be held on the fol-
blowing day We would hear little Or nothing said about
Tie Judgeships but an immensely Of talk and en-
thasasin about the sheriHalty and the Gonstabuary
Ard The vote for Judges would probably be thirty
three and third per cent less than for Constables
and Sheriff Yet, comparatively speaking, it IS Of
little consequence whether We have good og bad
gheras 81 Gonstables. while it is matter Of pasa-
mount, vital importance, to Che whole community
that learned aud honest Judges should preside on the
bench. The lives, liberty and property Of citizens
come within the Jurisdiction of Judges, while the
subordinate executive officers can do nothing except
in pursuanee Of the judgments Of the courts.
-
Of tie Supreme Court took place il the Fourth
District Of Louisiana, Two able lawyers and dis
tinguished and irreproachabe gentlemen, were the
opposing candidates. What was the result? Did
Tie people manifest any interest in the election /?
Did tbey show d deep desire that their court of
last resort should be- composed Of men who would
adornit? Not atalA Not even one.third vote was
cast Fortunately good Judge has been chosen,
but the great majority Of the voters had no hand in
tho asecton-took 40 part in determining point
ID which they were vitality concerned. Let US take
the opposite side Of the question Suppose owing
the apathy and neglect Of the mass Of the voters a
cunning, uuscrupulous and dishonest man, had been
elected Judge Of our Supreme Court for the long
term Of ten years. would not the consequences have
been most serious, il not irreparable2 Unquestion-
ably. And who would have been to blame Why,
the people, and no body but the people. True, it. il
not likely that corrupt men will be elected Judges,
bat when a profound apathy exists among the
Masses such thing Is neither improbable orimpossi.
BE- Hence tie propriety u The illustration We have
drawn and rhe instance cited should be sufficient to
arouse the voting population to proper sense Of
their duty in the premises When the people will not
turn ont and exercise the right of Suffrage on the
occasion Of supreme judicial election, it is good
evidence If strikes U.s. that they are not particularly
tenacious Of the high privilege accorded them by
the State organic law, that they are grossly ne
glectfu Of that in which they are deeply interested
Speaking Of tile small vote polled in the Fourth
Supreme Judicial District and Of the elective indi-
ciarg system generally, the Plaquemine (Iberville
Parshl Gazette and sentinel--an ably edited and
strongly Democratic paper-of the 30th nlt, has the
following suggestive remarks
But no such cases existed in the country nor has
any cause existed heretofore or reeentlYin the cleo
ton Of the Fourth District to prevent full and fair
vote in the election of any judge district or superior
that has occurred since the adoption Of the elective
system, But has there been full vote or any thing
like it, in any one election in the eountTy2 Certainly
not! On the contrary, a perfect indifference has
been almost Invariably manifested by the mass Of the
voters in judicial elections. The excuse we have
heard rendered time and again by neghhorhoods and
precincts for not voting was that they were unac-
quainted with the merits Of the candidates and would
not vote besides they never expected to be engaged
in law and did not care what the qualities Or abilities
Ofiudges were There are many other reasons often
given for not voting judicial elections but it is un.
necessary to assign them. The fact is, our judicial
elective system. 50 far Is ailure-a dishearteniug
failure which II will not 40 to attempt TO disguise and
the sooner remedy Is sought, the better for the
commercial and active business interest Of the State
We are sorry to say as much as we have said but
the truth should be spoken.
Asst will be difficult, We imagine to effect changes
in the constitution for years to come we would
suggest that if the compensation now meagery and
niggardly doled ont to the Judges Of the Common
wealth doubled to say the least, very excellent
step in the pathway Of much needed reform would
BE taken. OF course the increase would not benefit
the present incumbents, but it would stimulate the
hes. lawyers in the various districts to become can
ddates 1T the next elections We want the bestlega
talent on the bench and the best legal talent cannot
be obtained except By the payment Of adequate
salaries,
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