The weekly Thibodaux sentinel and journal of the 8th Senatorial District. [volume] (Thibodaux, Lna. [i.e. La.]) 1875-1898, 1876-11-04

functions, who, we ask, Will reps
the State in each Justices
court In this parish, for ius>
we will have sixteen JUS
tees of the peace. How, in the
name OF common sense, can the
district attorney attend each pet
ty court, and represent the State
as it ought to be represented !
Evidently, this would be a -physi
cal impossibility. Another amend
ment proposes to limit this off,
GERS salary to fifteen hundred
dollars a year. Now. is it fair to
cut down his salary if the adds
tional expense is imposed upou
him Of keeping a conveyance con-
tinually at hand with which to
fly from one end of the district
to the other, in order to give his
attention to the hundreds Of Ca
ses which will be continually
arising before the numerous JUS
tees conrts in his district ? Mani
testify, the State could not be
properly represented, and the adj
ministration of Justice in crimi-
nal matters would become a "delu
sion and a snare"
Another thing. Would not
these justices be entitled to fees
tor all the criminal cases tried
before them , UnquestionabIy. III
stead of paying one Judge twenty>
five hundred dollars, the parish
would be compelled to pay SKIS
teen justices fees aggregating an
amount far in excess of the pre-
sent salary Of the parish judge.
Where then would be the econo
my9
But the enlargement of the pow
ers of justices in criminal mats
tiers is not the greatest objection
to the amendment we are now
considering. That amendment
proposes to clothe justices with
the power Of deciding all cases
under fifty dollars without appeal.
If there be one remedy grants
ed By the law which ought to be
sacred to every citizen, it is the
right OF appeal, because it is the
only remedy pointed out by the
law whereby the erroneous deci>
sions of partisan, prejudiced OF
corrupt judges may he corrected.
But should the third amends
ment become a part of our organ
ic law, this right of appeal will be
impaired in a most vital particu>
lar. Hence, it ought not to cons
mand the %suffrages of our people.
1t would be very easy for a man
to trump. up Il claim against an
other before a partisan justice
and obtain judgment for forty>
nine dollars, Tor example, What
would be the remedy of the party
aggrieved He could not move
for a new trial, because the jus>
tice might construe such Il pro.
ceeding into contempt of court.
He could not resort to the right
of appeal, because this amend
ment expressly makes all cases
under fifty dollars unappealable,
AS so many cases arise where
the amount involved is under tif>
, ty dollars, it can readily be seen
chat the adoption Of this amend
ment will entail a great deal OF
injustice perpetrated under the
forms of law. Besides, counsel
could not be expected to attend
such a multitude of courts, how
ever much the parties litigant
might desire the benefit of such
legal assistance. AS the case
stands at present, parish courts
exert = certain beneficial in1u
| ence over the inferior courts, be-
: cause these latter know that theil
decisions are subject to review
when the amount involved ex
ceeds ten dollars.
!, En- PEASANT, we may remark
) that this argument is not directed
) against any of our present just
ces for this parish, who as a body
will compare favorably with thu
Justices OF any other parish II
the State. The purpose of tins dix
cussion is simply to call the after
ton of the voters to the mischit
vous effects of this amendment i
adopted, and we emphatically
disclaim any personal references
t whatsoever.
W. will now point out another
serious objection to the amend
ment in question. We refer t.
t the vesting of important judicia
powers in clerks of court. Now
we lay it down rs a principle tina
no one shonld be entrusted will
l judicial powers who isnot judge
e learned in the law. But the scoop
e of this amendment will have tn
l effect of granting to clerks o
court some of the most impo
n fant nS of tlln iuliciarv