The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-10-29

Editor Deuocrat-The notion seems quite
prevalent that we ought to nave acoi'sV''u'iol"i
oY There Il no question but the constitution OF
1868 in force i 10 mah a6ap IN the organsa
HIM of the judiciary and the large salaries paid
, sVh a and and other State officers.
no h has heen. and still is. noted for large fees and
aaaries. Extravaganza In this regard seems TO
have become 80 sd d Rs its'0 ''''
pe99m indees and other officials not much
superior In canacity as to Justly entite Ins 10
a arn q services In adjoining States, nor will
our people much longer submit 70 snch extrava
Se , o"r e srsats diminish G private
expenses and the same causes impel them to
In The Ssre a H. q vote ~ officials
IA much less than with us, there seems no lack
81 the best mate al for filing public Offices. and
doubt not but s1ch rs wGma GO CASE VIII" us "ef'
g T sa. narisk Judge system as at present organ
lied 10 scarcely On nprSyement on OF IN tae Law
ers now vested in these Judges were exercised
BY the eel ks of courts. II the parish Judges
po Tsasd e be ss e snG hs ssr
Of The court. should be inferior In legal capaci-
Il ~ to one called parish Judge" Ihave no &c.
judges; some of them are learned In the law
and awe general satisfaction; most 81 them
and sa Of f sysrag &c
the intricaces of the law and to apply It TO the
facts as disclosed BIZ the evidence, at times be-
rant OF the law as rule, is no better qualified
for q Judge than house-earpenter for watch
The jurisdiction of our parish courts in mat
tors OF strictly probate character is unlimited.
and to preside In these courts requires an
amount of legal knowledge equal to that OF dis
One 81 the principal objects in view in the Or
ganization Of the parish court system was the
J, frin nj rf min a.
Inennors. including all offenses not capital and
those not necessarily punishable by imprison-
cedcd that the object and purpose of confering
criminal jurisdiction on these courts has proved
signal failure. for the reason that IN effect no
sent. person accused Of the most trivial Of
fense bas. the right to demand trial by Jury.
ing file case to the district court. whereby. us
rule, the costs Of trial are doubled.
There is no doubt but there ought to be a local
court In each parish for the convenient and
speedy settlement Of SUGGESTIONS, the deci-
sion 81 civil suits involving small amounts, and
offenders not punishable capitally or BY impris-
onfnent in the Penitentiary. But to etfec, this
the constitution and law should be 50 mobile
that In the class OF otfenseS named the decision
would be final.
Our people and particularly the colored
tempt 10 vest criminal jurisdiction, without APP
peal n single Judge yroor or sdo%aethbp,g
parsh Judge and say six Justices q the peace pc
per day. The court for the trial of criminal
cases would not be required TO hold session Of
more than enc week every two months This
duty deyolving on the magistrates would famil-
jarize them with legal forms and the mode of
proceedings in courts. and tend to elevate the
dietary to an extent that would bring into these
Offices better and more worthy class of cii-
ssn Fse parish indpes should Of course. be law.
yers of good standing. and besides salary of,
say. one thousand dollars they should be per-
mttted to practice their profession in the dis.
The parish courts thus organized would not
only greatly reduce the expense of criminal
proceedings and secure speedy trial OF the
most numerous class of offenders. but would so
diminish the business Of the district courts as
B eoSessns Wha e hs sa
As to the present constitution and the advan-
tage to be gained by the proposed and other
amendmens. the question arises are they of
such immediate importance as to Justify the ex
pense OF q convention in the ordinary accepta-
ton OF that term. costing as 1t will with its incl
dents. not much less than million dollars
Ii 1t were conceded that there exists no other
practical or salts factory mode of modifying or
framing new constitution except by conyen-
Senate and House Of Representative. would
say let us for the present rather bear the ills we
4 hive than burden our people with this great
But why the necessity of SO numerous body
parish represented in the State. Legislature, for
has or may have interests and objects requiring |
legislation separate and distinct from the State |
at large, and that these interests would be neg
lected without representative, whose special
duty it would be to make known the wants and
wishes of those he Immediately represents.
In constitutional conventions there does not
exist the same necessity for numerous represen-
tation; the object being to frame a system of
Fundamental principles, rules and ordinances
far ia yuh la pf al
regard to the. wishes and wants Of particular
i localities. The idea that these bodies must be
islat tr seems based wholly on custom without
any solid foundation in reason.
and G9r are We aRe R
land and low land, with agricultural produc-
tions but slightly diversified; / would in a con-
ly numerous and diffused to represent all these
interests fully, say one from each judicial dis
order than the average neghborhood politician.
They should be men of such dignity of cbarac
ter and intelligence as to command respect and
insure public confidence.
1t may be said that the present constitution
points out the cheapest and best mode Of amend
ment It i certainly very simple only requir-
and II ratified BY majority Of the Voters. they;
become part of the constitution.
Although this mode is very, simple and at
tended with but little expense, II is questionable
Whether i Is the wisest and best The truth IS
constitutions. and seem quite Indifferent about
voting on amendments submitted to them The
Legislature is u body chosen for other purposes
than framing constitutions and their action
would not have the advantage of that calm
deli3eration and thorough Investigation that
would be expected from body of men con-
veDed specially for that purpose. nor would
their action have the same weight and influence
with the people.
/ do not know who is entitled to the credit of
first suggesting this new mode of forming
State constitutions. To my mind there is much
merit in it. The object would be in all proba-
less than one-fourth the expense incident to the
mode heretofore adopted The delegates should
advice and consent of the Senate. In order to
obviate any constitutional objections. the in
rnitted to the Legislature. II adopted by a two
thirds vote OF each house. the constitution or
samendments should then. at the next ensuing