New Orleans daily crescent., 1866-02-19
JUDICIAL ADVERTISING.

Al almost every session Of the legislature,
something is done, or at least said, concerning
judicial advertisements. There is always more or
less Of dissatisfaction with the actual system, and OF
course there is never any lack Of projects OF i'm
proyenlent. 1t is by no means astonishing that
the plan now in use should not meet with general
appreciation. 1t would, on the contrary, be sur
prsing il any sort of legislative continuance, for
any purpose whatever, should totally escape crit-
eism. Bntit is, perhaps, suggestive of some sort
of merit in the existing method of disposing of
judicial advertising that all the discussions and all
the projects of the last fifteen or twenty years
have not led TO any material modification.
The plan now before the legislature is not by
any means new. 1t has been brought before pre-
ceding legislatures ON more than one occasion,
and has been as often rejected, after due and de-
lberate discussion. And yet no one has ever
denied that the contemplated plan possesses ad,
vanfages which certainly do, at first sight. recon-
mend it to very favorable consideration. In the
first place, itwould no doubt be benefit, or at
least convenience, especially to lawyers, that oil
judicial advertisements should be inserted in one
designated newspaper. By knowing exactly
where to look for an advertisement Of this char
acter, the lawyer, and other parties Interested
would be saved some trouble, and, perhaps some
expense; moreover, under the bill now before the
Legislature the cost of advertising to iitgants
would be greatly reduced
These arguments undoubtedly have much iorce
and they are pressed with great earnestness anu
effect by the friends Of the measure. but " ap-
pears to ls, that they must yield to conside
|of higher character The persons who would oe
principally benefited by the proposed change are
the LAWYERS: but We do not find that they are very
strenuous in demanding it. As general thing
they are wen aware that they have no right to in
woke special Legislation for their particular advan
tace. when such special legislation operates as an
onerous and unjust restriction on private rights.
The proposition to compel litgants to publish their
adyertisements in particular paper lis of essen
tally restrictive character, and all restrictive leg
islatioh, al d general principle, is wrong.
The tendency Of the age is towards aremoyal ofl
those restrictions the free play of private judg
ment and On the exercise Of private rights, which
al thoughtful men now admit to beswrong in prin-
c;ple, and oppressive and paralyzing in practice.
may be very true that it would be convenient for
people in general to know exactly where to look |
or judicial advertisement. But it is just as true
hat it would be convenient for the public to know
sxactly where to look for cotton factor's card, |
u theatrical advertisement, or news telegram.
rhe legislature would have just as much right, on
he plea of general convenience, to prescribe the
manner in which cotton factors or theatrical man
lgers should address themselves to the public, as
70 limit the choice Of itigants in the disposal Of
their advertising.
Again, itmay be very true that. under the pre- |
sent system, injustice may sometimes be perpe
Hated. Property may be advertised in obscure
sheets with the very object of concealing the fact
of sale, instead of publishing it. But such cases
must, in the nature of things, be extremely rare.
Danger of this kind is almost entirely obyiated by
the general fact that the party who has the right
to direct the advertising is, in almost every case,
the party having the greatest interest in obtaining
a high price fer the property The rare instances
Of contrary nature not worth considering, in
face Of the injustice which would be perpetrated
by any legislative attempt to control what is
purely a business transaction. There is enough
that is restrictive in compulsory legal proceedings
already. The aim Of legislation should be to
diminish such restrictions, as far as compatible
with the main object Of establishing and enforcing
justice. The measure under consideration being
of precisely contrary character, we hope that it
will not,be adopted. @stSEsSt 4
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