The morning star and Catholic messenger. [volume] (New Orleans [La.]) 1868-1881, 1869-08-29

/ every respect, yet II tales OF travellers are
to receive any credit, moiarchies and even
empires sometimes afford facilities for jus
tice by far superior to those of our own
free and enlightened country. For in
stance, all accounts agree in admiring the
inferior courts of Paris for the promptnes
cheapness and impartiality with which
they dispense unerring justice. Civil. ques-
tons as well as criminal matters meet with
! instant attention, and none of those delays,
so disheartening to the litigaut and so fiat
tering to the hopes of criminals, are per-
mitted. Especially their criminal Justice
is renorselessly prompt; but though our
! legislation needs great reformation on
this point, it is not the one to which we
! wish to call attention at present.
! Perhaps the greatest abuse existing in
the civilized world in the way of litigation
is to be found in some of our justice of the
peace courts and in the system as o whole.
Whether justly or unjustly, the idea pre-
walls to a great extent among both attorneys
and clients that justices can always be
found who will stand by the plaintiff
through thick and thin. Let any man but
pay the costs, and he is secure of n .judg-
ment, no matter how frivolous the claim.
This is the common impression, and
| whether well founded or not we cannot
positively say, but certainly the law regu-
lating these courts is adroitly framed to
secure such results.
The justice of the peace, instead of being
off Of MI 1,
ought to be, receives for his only salary all
the ices of court for the cases which come
under his jurisdiction. AS these fees are
great in proportion to the number of cases,
of course it is to the pccuniary interest of
the judge flat his docket should be crowd
ed. How can he obtain that result Sim
ply by having it understood that he always
decides for plaintiff. AS according to our
city system, plaintiff may have his choice
of six or seven of these courts in which
to bring his suit, and as defendant has
nothing to say about the choice of tribu-
nails, of course it is to the interest of JUS
tees to bid high for the favor of plaintiffs
We should not be surprised there
fore if the popular verdict were just,
and if some of the justices gave way to the
temptation, and invited custom by uniu-
dicial complaisance to customers. Those
who remain honest under such competition
should be marked rs men worthy of the
highest public confidence. '"'
The consequence of this is that defend
ant is obliged to appeal, at heavy cost, to
court where the judge is n salaried officer
nd hosn ", int
the proceedings.
Again, one of the chief beauties of the
French system is the cheapness with which
small claims are enforced or otherwise dis
posed Of With us the costs of a short trial
in one Of these courts is frequently far
greater than the amount sued for, and poor
women, laborers, etc, who live on their
daily labor, find themselves without means
to- prosecute their rights and obliged to
submit to every outrage and oppression.
Let us have courts for the poor. where
they can obtain justice as cheaply-as any
where else in the world. Let us have
courts for rich and poor, where the fright
full costs of nTcsne process, attachments,
provisional seizures, etc, will not consume
.
condensation. Let us, especially, have no
courts where the judge is Interested to pro-
mote litigation and favor those who favor
him with their custom.
Fjusticcs of the peace of this city were
paid reasonable salaries, and-had ne-pcr-
quisitcs, the bar would furnish competent
and honorable gentlemen willing to accept
the positions. Justice would be admins
tered fairly and patiently, appeals would |
be immensely reduced in number, and in
fact great deal of the current litigation in |
such courts would be checked by the fear
of even-handed Justice.
So We sincerely hope that our next Legis-
lature will appoint committee to examine |
into this crying scandal, to investigate tie |
Systems of those countries where these de- |
fects have found q practical correction, |
aud to propose scheme whereby our mi
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