Richland beacon. [volume] (Rayville, La.) 1869-1890, 1876-09-09
mir. kernans Letter
CLINTON, La, Aug. 26, 1876.

Tho people will be required to vote
for or against the amendments to the
constitution proposed by the last Leg
iSlature at the coming election. No
opposition seems to be offered to any
except the third amendment, which
proposes a change in our judicial sys-
TEN. All the other proposed amend
ments are received with favor, and
will be adopted by large majority.
The third amendment proposes to
abrogate and withdraw the judicial
power now vested in parish courts,
and confer them upon district courts,
clerks of courts and justices of the
peace.
The first is, it will save the State,
in the salaries Of judges. some Sl35,-
600 yearly; and the second is that it
is well known great many men elect
ed parish judges are ignorant of the
laws, and utterly incompetent to dis
charge the grave and responsible
duties they are required to perform.
Heretofore it has been considered
by the people that a parish Judge was
no more than an enlarged justice of
the peace, and that it was not abso-
lutely necessary that a man learned in
law should he chosen for The position.
Such seemed to he also the opinion of
majority of the convention that
framed the constitution. No greater
mistake could have been made; and
the result has been that ignorant and
incompetent men have been elevated
/ parish Judges, and have in many par.
ishes made the administration of pub
lie justice farce, sham and a dis
grace. In other parishes, however,
men. able, impartial and learned in
the law, have been chosen, and in
those parishes the system has worked
admirably. giving entire satisfaction
to the people. If the constitution
required as qualification for the Office
of parish judge, that be should be
learned in the law the great and par
amount objection to parish courts
would he removed
But while this amendment proposes
te abrogate parish courts, will it cor
rect the evil complained of?
Will the proposed change give the
people better aud more competent
officers; and will the new system be
in fact more ecomical than old
While this amendment proposes to
abrogate parish courts it distributes
It's powers to the district courts, and
to justices of the peace.
10 the clerks of the courts it gives
the power to issue all the conservatory
writS, to appoint administrators, exc
cutOrs, etc, and to homoligate their
accounts when no opposition is filed,
and several other judicial powers.
These are grave, delicate and rcspon.
siblc duties. Will the clerks of the
court be better and more competent
to discharge them than they are at
present performed J.? Past experience
informs us that the clerks of the courts
were not Learned in the law" and
were no more competent to discharge
these duties than the present parish
judges. The future clerks will not he
better qualified than the old ones
were. No benefit, therefore, can be
conferred by the proposed change. As
a general principle, no judicial powers
should be exercised by any one other
than Judge Learned in the law"
For the performance Of these duties
which parish Judges are paid for by
a salary, the clerks would be paid in
fees, thereby increasing costs. and
adding to serious grievance already
complained of. The amount thus con.
sumed ia fees would equal the parish
judges salary, if it did not exceed it.
Where then would be the saving to
the citizen?
If,his amendment is adopted, these
great and responsible powers, as a
rule, will be less efficiently performed
and a greater cost to the citizen than
they are now by the parish judges,
many Of whom are known to be able
and learned lawyers.
A still more serious objection to it
is, that it proposes to confer upon JUS
tees Of the peace, "in addition to the
criminal jurisdiction now vested in
them, all such criminal jurisdiction as
is now vested in parish courts" The
jurisdiction now vested in parish
courts extend to all cases where