Le MeschaceÌbeÌ. [volume] ([Lucy] La.) 1853-1942, 1876-06-24

Courts had, which is determined
by article 81, to be Sin all cases
when the penalty is not necessar-
lily Imprisonment at hard labor or
death, and when the accused shall
waive trial by jury
How can the people vote under
standinglyon this one amendment,
aggl0merating into one single
proposition so many different sub
iects! Some might desire to vote
for some portion Of 1t and against
another part. Suppose number
Of voters wouldnot wish to en-
large the civil Jurisdiction of the
Justices of The Peace, how could
they vote against that part and
tor the rest I Suppose, as is more
than likely, some would not give
them any power oftryipgcriminal
cases at all, especially, as in this,
there is no provision for an appeal
and there could be none from their
decisions and sentences, except to
| the Supreme Court In those cases
Eonly that are cognizable by that
appellate tribunal, how could they
vote against that part of 1t, with
out voting against the whole
amendment I!
Now, can this be remedied I
Can the Executive parcel out one
LOT the amendments in such man.
! ner that the different sentences or
paragraphs Of the same amend
ment could he voted on separately
WanM not that be changing the
form iiAvhich the General Assem-
bly, huSe thought proper to- pres.
eat it to the people for their act
ion Z Who is to indge of the ap-
propriatencss of the form in which
the amendment is proposed aud.
whether in that particular the re-
quirements of the Constitution
have not been complied with or
evilently even not 'tlsonght of, as
seems to have been the CASE in
preparing this amendment ! Who
will say that the people may or
may not vote nnderstandingly up
% it asintended by Art. lat Of
the Constitution If any, the
Executive alone can do this. BIT
cptt or would the Executive dare,
on such ground, refuse to submit
to the people, an amendment sug-
|,geSted by their Representatives
and Senator's. 1t is not very pro
|babDe that the people would I've
content to place such power over
amendments in the hands of a
Governor. -
These are matters that shOnld
be fully discussed and weighed
we'll by the press, the different
branches of the Government and
the people.
Certainly the feature that would
give criminal Jurisdiction to JUS
| tices of the Peace. to try any case
whereof the Punishment is not ne
cessarily imprisonment at har'l
labor or death, is very dangerous
and wrong. Who would prepare
indictments or informatiOns!
The District attorney certainly
|conh not b., expected to attend
all those courts, aud this would
probably necessitate o special
prosecuting officer. But the wovt
feature would be, that in many
cases the defendants might he
made the yictim( bf injustice or
prejudice. IN most instances OF
trial before these courts, the
forms of legal proceedings and the
legal and inst rights 3f the defen-
dants or the State, would he sadly
neglected aiid In most cases acith-
out redress or appeal from any
wrong thus lerpetrated, either
wilfulIy or'through ignorance.
Again, would not this amend
ment interfere with Recorders
Courts and take away from them
1 all criminal jnriSdictiOn, BY enac-
ting q constitutional provision,
giving to Justices Of the Peace,
the criminal jurisdiction which the
Recorders exercise by virtue OF
acts Of the Legislature inconsis-
| tent with said amendment, which
would be secessarily struck with
pullity BY the euxetment ct this
Copatitutionai amendment. In
New Orleans tor instance, as well
- other PLACES it might prove 2
very serio9s trouble. The Record.
er's Courts could not act from
l the time the amendment became
= part ~ the Constitution and the
\ justis0 Would probably pot b
|aols - UGefciee tAeir criminal
Ip0weeS until the General Assem-
bly, had met and provided tha
manner Of judicial proceedings tc