Le MeschaceÌbeÌ. [volume] ([Lucy] La.) 1853-1942, 1876-08-12
The Constitutional Amendments.


To the Editor Of the Times:
SIR-We see no objections to the first
amendment. The second is good, but the
third which, ,abrogates parish courts, offers
serious objections: not that those courts are
not an expensive nuisance; but simply be-
cause the remedy is worse than the evil.
The moss Objectionable feature of those
courts 10 the right given to those judges to
interfere with the execution of Judgments
rendered by the District Court but this can
now be remedied by a simple Legislative
enactment, repeating the statute that autho-
rizes parish Judges to, enjoin judgments or
orders Of seizure and sale Of the District
Court during the absence Of the judge from
the parish. The law might make it the duty
Of the district judge to issue. such writs,
when In his judgment it may be necessary,
after q rule upon the adverse party which he
would be authorized to try at Chambers. But
II the third amendment ID once adopted. the
Legislature would be stopped from all or
any legislation on the subject, and could new
er divest the district clerks, orjnstices of the
peace, of powers granted TO them by the
constitutional amendment.
For the benefit Of those who have had the
good luck of having no claim to collect in our
rural districts and have not therefore learned
ut their expense the beauties of the judicial
system invented by our Radical friends, we
will explain the working Of the machinery.
Several parishes are formed in one district
with one judge who sits one or two weeks in
each parish twice q year. In two or three
mouths he gets through with his work, and
can amuse himself during the balance Of
the year at the expense of the State. When
he renders a final iudgment,or issues an orti-
er Of seizure and sale, all that the debtor has
70 do y to 20 to the parish judge, make af.
6davit of the absence Of the district Judge
make the required affidavit; thereupon the
parish Judge issues an injunction which can
only be dissolved by the district judge six
months after at the regular term. As soon
~ the court adjonrns the creditor seizes, de
novo, when the debtor prays for another in
junction which Is never refused. and gets six
months moro and this game Ii renewed un-
til the creditor tired Of paying costs accepts
whist his debtor chooses to give him.
This is the manner in which Justice il nd
mfnistered In our rural districts, and 20 many
merchants have learned 1t to their cost that
Il 10 now impossible to negotiate loan on
chance yen arc brought before the Supreme
out that the Judges are 20 anxious TO get
back home that Il In physical impossibility
for them to read the briefs and records sub
mitted during the short time that they spend
there; ~ TO arguments, - do not allow
them IL il simply Inockery Of law. This
IL the mischief against which remedy is sup
posed to be afforded by the third amend
ment. Let US ses whittier and how the evil
The Clerk of the District Court Is made de
facto parish judge and entitled to emolu-
1uA I'll
10 the economy realizedf
The clerk may issue writs of arrest, attach
ment, sequestration, provisional seizure and
injunction lie may probate wills, appoint
administrators, executors, curators, tutors,
under tutors, grant orders of seizure and
sale, etc. But whenever he has granted an
illegal order, he cannot dissolve it, and the
injured party must wait six months and ap-
ply to the District Judge at his regular
term. Where IL the difference from our pres
ent obnoxious system, except that another
officer who does not know anything about
lsw can arrest the wheols Of Justice exactly
do. and that this authority being conferred
upon him by the constitution, the Legisla-
ton can no longer remedy the evil
We ask every lawyer II theprobate powers
granted to the clerk are not Of most dan
gerous character when exercised BY an officer
not we'll versed in lawi
Tho duties Of Parish Judges in probate
matters having been assigned to the clerk
by the amendment, to whom is assigned their
criminal jurisdiction To our country Jus
tices Of the Peace.
No one In this city who has not seen trial
by one Of our sable Justices can form an idea
extraordinary decisions they sometimes
give Yet it Is to those illitcrafe officers tha,
the amendment proposes to entrust the cri
minal jurisdiction now exercised by Parish
Judges.
By reference to sections 2o36, 2O37 and
e03S Of the Revised Statutes, It win be seer
that parish judges are committing magis
trates, but that whenever the accused waive,
the right to be tried by jury and the Offence
Is mot punishable by death, or necessarily BY
imprisonment at hard labor, the parish cour
has Jurisdiction, and, therefore, under th,
amendment justices Of the peace wouh
mount to abohshing MI punishment for min
Or crimes Who can doubt that in cases O
lsrceuE the accused would be always acuuit
ted We say then, woe 70 hogs and cattle
Tho breed would soon disappear.
Another objection We have to the amend
j ment u that makes the judgments of jus
<kes final 70 $50, whilst now we can Obtain
yUur00o IN all cases where the amount tnvOly
ed exceeds ten dollars. Our parish court
keep justices Of the peace straight; free
from that restraint they would believ
themselves lords Of creation. An appes
would moreover entail six months delay.
Perhaps the time will come when the numl
er Of j,istices Of the peace in the countr
will be reduced, and some other quali6catio
required Of them than their superiority ]
handling the axe or spade; until then Dem
ocrsts ahould oppose any increase of thci
Judicial powefs. We zee no reason Why "
should adhere to the obsolete ard antigua
ed system Of flying district judges maxim
, twice . year IN appearance In each parisl
We believe that the accused should have
speedy trial, ~ provided BY the constitution
and not lay IN Jail six months TO await u
term Of the District Court. We know ths
; cur agricultural interests suffer from wnr
; q capital: and that no man Of ordinary pm
deccs viii invest in country securities % Ion
- b cannot promptly enforce the paymez
should have In each paxish one parish judo
when not On cirC.it tosnj swing appellal
q tusisdiceioe Inn justicss q lrts wif6 uni
nitsd ORIGINAL oivi, criminal and probateju
iediotioa, Is judg1san t. s. knal belo
n dsvsey 1vs s1jsiniag paEiahss. sittias t1s,
sysae d aaoA 1ari1S : oourt of sppsa
vhoes Judgment would b Anal below $50