The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1877-06-08
JUDICIAL REFORMS.
Necessary to the speedy Administration
Of Justice In Louisiana.
PAPER NO. II

Ot JUsfice IN L0utslanA.
PAPER NO. II.
| Weendeavored, In nm Introductory paper. tc
TO show the necessity Of u speedy and aeetl-
rate administration Of justice to the welfare
| Of society, and suggested two amendments to
the judicial system which we thought would
secure the best and most competent Judges
1. An appointed judiciary g. Tenure of office
for good behavior.
The next thing to be done in this direction
is to have enough courts always open to hear
and determine all causes as soon as they can
be got ready for trial. For this purpose u
court OF general original jurisdictipn should
bg established in each parish. The Judge
should be q lawyer Of five years practice ut
the bar, Mt least thirty years Of age, and for
two years preceding his appointment q resi-
dent Of the parish. This court should be re-
qured TO open on the first Monday Of every
month. and 10 remain in session until every
| case ut issue and ready for trial is tried and
decided.
| This court could try every class Of cases
| that arise. until the population Of the parish
| Increased to such an extent that tho Judge
would not have time or strength to dispose Of
the business.
With the increase of population it would
soon be necessary. If it is not now desirable.
to establish Intermediates appellata courts.
composed Of three or more Judges, with q,
territorial jurisdiction Of five. eight or tet,
parishes. who should review all questions Of
law md fact on the record made up In the
courts Of general original iurisdietion as the
Supreme Court now does. The Supreme
Court should be limited to the correction Of
errors on questions Of law alone. like the
French Court Df Cessation The State should
have. O writ OF error oi, questions Of law in
criminal cases.
Every Judge, Hike other citizens, merchants
mechanics, laborers, should be required to
work all the year. with the privilege Of two
| months rest III every year Ion his designating
and securing the services Of a lawyer having
the qualifications for the place, to fulhll his
duties during such temporary absence. Any
absence Oecasioned by his sickness might be
filled In the same manner
The judicial system. Of which we have
sketGhed the bare outline. If fairly and prop
erly carried out, would ensure the speedy de-
termination of causes. The first and imtne1i-
ate effect would be an increase Of civil suits
and decrease In criminal cHses. As soon as
the people found by experience that justice
was speedily and certainly administered. there
would be no more litigation or defsnses mere
ly for, delay, because delay would not be
gained by litigation, and 1t would be so short
as not to be worth the expense. Finding that
they would speedily be forced to do Justly,
and to repair any wrongs they might commit,
men would soon learn to do justice vo1n-
tarily. and would in ~ great measure
cease to violate the rights Of others
s5ibhtl tiFllly VI IHeIB WpHlI De
less temptation to right ones self by force.
because right could be obtained more cheaply,
eexpeditiiously and certainly through the
tribunals of the country. If one half
the energy and talent that has been ex-
pended in this country by Legislators
In robbing and pundeting the people
under the forms of statutes and in
enriching u few ut the expense Of the many.
had been directed to completing and perfect
Ing the instruments by which Justice Is nd
ministered, the necessity for The constant
sessions Of courts. and the severe punishment
of criminals. and the forced redress Of
wrongs would have well nigh gone
by. 1t is because Legislators have been
chiefly engaged in perpetrating wrongs with
safety to themselves that those outside the
Legislative halls have been continually perpe-
trating wrongs on others, to be redressed and
punished by the power Of the State Legisa-
tors. by their own acts and omissions. have
been the chief cause Of the crimes committed
and the spirit Of lawlessness which exists.
The prostration Of trade and agriculture. the
widespread poverty and discomfort, are
due to the long continued and persistent
and oft~repeatsd acts Of Legislators, taxing the
people for purposes not within the Legitimate
objects Of government. and their then neg
lecting to provide and secure u speedy. eff
cient. cheap and impartial administration Of
Justice. IF the latter had been done. public
robberies under the forms of law and the LETT
ter Of statutes. would have been impossible.
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