The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-02-13
PARISH COURTS.

TH1BoDAux, February II. 1878.
Editor Democrdt-Permit a country attor-
ney to express his views through your col
unins In opposition to the amendment pro-
posing to abolish parish courts. Knowing the
value of brevity In newspaper corresponding,
l shall waste no space in writing an elaborate
exordum. but will take my subject IN mediis
rebHs.
Tho constitution Of 1863, article 10, provides
that all courts shall be open. and that any
person agglieved shall have justice admins
tered to him without unreasonable delay. 1T
follows that the judiciary system should be
constructed so as to meet these requirements.
But the amendment in question will have the
effect of rendering nugatory both the letter
and spirit Of article 10 Of the constitution
Therefore, it should not becomea part of the
argument to show that by abolishing
parish courts litigants are deprived
of their constitutional right TO u
speedy trial? By limiting the judiciary to
most that would be granted to litigants in the
country parishes would be three terms of the
district court every year. Would that be hav-
ing courts always open? When person ao-
cused Of crime has to linger four months in
Jail before his case can be tried, can that be
called speedy trial2 BY delaying the trial Of
criminal offenses in this manner, can it be
said that the people are benefited, especially
when they have to pay heavy tax for crimi-
nal expenses Does the guarantee OF a speedy
~
must wait four months before he can have his
case adjndicated upon2
These are direct. practical questions which
must be answered IN the affirmative before a
member of the Legislature can conscientious
ly vote in favor of the proposed amendment
on the judiciary.
Parish courts when presided over by law
yers. as is the case in some parishes are
found to work admirably 1t is only where
laymen are the incumhents of the office that
the system Is Mt all Objectionable, The remedy
suggests itself at once, 50 that the obtuscst
mind can grasp it. 1t is simply to make the
Office open only to licensed attorneys Of ut
least two years practice at the bar.
Let the Office of District Judge be abolished
and the parish Judge be vested with unlimited
civil and criminal jurisdiction Let three par
tribunal to hear and determine appeals
from the parishes OF their district where the
amount involved shall not exceed one thous
and dollars. Call this appellate tribunal a
district or Il circuit court either designation
would be appropriate, Let the Supreme
Court have appellate jurisdiction where the
amount in contestation shall exceed one thous-
and dollars, and let the appeal go directly
from the parish court to the Supreme Court in
such cases.
Under this plan the people of the country
parishes would have II court always open for
their convenience. except when the cparish
judge would be holding a term of the district
court. The number Of Judges would thus be
system would be promoted hundred fold
Let the Legislature submit an amendment
abolishing the useless Office of district attor-
new, and provide for parish attorney with
a fixed salary of say $500 per annum payable
in the proportion of $500 by the State and $500
by the parish. 8
There is not single duty now devolved
upon district attorneys which could not be
as we'll and as ably performed by parish at
torneys. Then why not cut off the eNcres
cence of district attorneys
These views embody principles of genuine
sentatives III the Legislature to use their Sf-
forts in causing toobecome part of the SUI
prcme lay Of the State, MoRDAN-