Richland beacon. [volume] (Rayville, La.) 1869-1890, 1876-09-09

the penalty is not necessarily impris-
onment at hard labor or death. Be-
sides. all preliminary examinations of,
or all oflenses, with the exception of
a few minor ones, must be had before
the parish Judge. These may be had
before district judge, but he is sci
dom present except in the parish of
his residence.
This amendment proposes to trans
fer these criminal powers from parish
judges to the justices Of the peace.
Under the present law parishes judges
have the power to sentence convicted
criminals to the peni,entiary. Under
the proposed law this power would
be vested in justices of the peace.
The well known and utter incompe-
tcncy of justices of the peace gener-
ally in Louisian, very large number
of whom can barely write their names,
who cannot write out an affidavit, nor
make ont q commitment, nor draw up
ajudgment, renders even the contem-
plation of the exercises Of such pow
ers by such a class of incompetents
absolutely appalling. The peace Of
the community would be imperiled /;
its prosperity and welfare would be
hopclcssly wrecked. Instead of one
parish court, we would have many
hundreds of courts exercising the
same criminal jurisdiction, IN many
cases without the hope of revision Or
appeal.
The expenses Of these hundreds of
petty tribunals would swell the
amounts to be borne by the parish to
many times the salaries of the parish
judges. These expenses must be borne
by the people it is true, through the
/ parishes instead of the State, yet it is
still by the people. There is no saw
ing, no economy in this but on the
contrary a heavy increase Of taxation
without any corresponding benefit.
An additional objection to this
amendment, not less weightv in its
character, is, that it proposes to trans
fer the jurisdiction in civil cases of
500 to the district courts.
/ The judicial districts, outside of
New Orleans, are now limited to
twenty, and their number cannot be
increased, because it is fixed by the
constitution.
! Some of these district courts extend
over several parishes, in few in
stances as many as four Or five. They
hold generally but two terms year
in each parish In many parishes the
time of the district courts has been
so occupied with the trial of criminals
that they have been able to try but
little civil business. The result is,
that the creditor who is trying TO close
his mortgage or collect his note or ac-
count is seriously delayed, for the
want Of time to try the civil business.
In some districts cases on plain prom.
isory notes have been pending for
years with little prospect of speedy
trial. In this condition of the district
courts, with more business upon their
civil Gockcts than they can transact
this amendment proposes 10 increase
this civil business to FIVE times as
much as it is now, by transferring all
cases where the amount in dispute
does not exceed $500, exclusive OF
interest from the parish courts, where
the creditor can secure a speedy trial
to the district courts, where it must
remain for years before trial can be
obtained Such q disastrous resul,
would be deplored, not only by the
commercial community but by all the
people.
The public welfare demands not
only an able, learned and impartial
judiciary, but a judicial system which
will be ample and efficient to transact
promptly and speedily all business
that may come before it, and this al
the least cost to the people.
The present judicial system is fal
from satisfactory to the people, ant
especially the parish court branch o.
it. The whole ought to he rcmodeled
but no change should be made until
we get something better in its stead
The change as proposed by the third
amendment would give system much
worse than the one under which We
now live and suffer. The proposed
system would be far more expensive
to the people, and very far less salts
factory. 1t will not save the people
the $l35, 900 yearly, but will cost faI
more. 1t will not give ADLER and
more efficient officers to perform these
judicial duties, but men far less able
and VIGOROUSLY incompetent. The
third proposed amendment should be
rejected. Its adoption would lie moth
ing short of public calamity.
w L. ErpN,N