The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-07-04
THE JUDICIARY AMENDMENTS.

| THE JUDICIARY AMENDMENTS.
In no particular is the faultiness OF the ex-
listing constitution more conspicuous or more
deplorable than In the cumbrous expensive
and utterly inefficient judiciary system es-
tablshed by it. A more costly and, at the
same time, more inefficient administration
OF civil and criminal justice than 1t affords
could not be imagined, and for this reason
any amendment Of 1t would be an Improve
ment In the first place 1T costs hundreds
of thousands of dollars annually more than
would be necessary to support much
Haere efficient system But this is by no
means the greatest objection TO the system
as II is now constituted. It Is in it's Inability
to meet the requirements OF the commercial
community, in its long, tedious and costly
processes, and In the uncertainty and delay
which attend the enforcement OF obligations
that the crying evil lies. These facts were in
a measure realized by the last Legislature, as
was evidenced by their endeavor to recon-
struct the whole judiciary in the amendments
to the constitution submitted to the people
for ratification. In order to Judge OF the ex-
pediency Of the proposed amendments we
must first consider the faults Of the existing
system.
First let us look at It's cost. There are in
the State, outside Of New Orleans, fifty-seven
parish Judges, drawing each salary OF
$500. Besides these there are some eighteen
or twenty district judges, drawing each a
salary of $50OO There Is no reason in the
world why one of these sets Of courts should
not be entirely abolished, thus operating an
! ~ bn Gtnfn 40
amendments propose to do, and in this re-
spect we have no objections to urge to them
We freely concede them the merit of economy,
But IL this economy is purchased at the ex-
pense Of even the meagre and inadequate fa-
ciities that now exist for the admins
tration Of justice, 1t is obtained
at price that the people can
not afford to pay. This however, Is precisely
the case that will be presented in the event Of
the ratification Of the proposed amendments.
What economy is obtained will be at the ex-
pense of promptness and certainty in the final
adjudication OF causes. 1t would be better to
pay as heavily as we 10 now and increase the
facilities for enforcing the rights Of litigants.
Under the existing system the impediments
In the way of speedy justice are due to two
/
Judiciary, and the infrequency Of the sessions
Of district courts. 2. The crowded docket Of
the Supreme Court, resulting from It's extern
sive appellate jurisdiction The first of these
troubles Is experienced for the most part in
country parishes, and the latter in New Or
| leans.
In the country parishes the trouble lies
In the limited jurisdiction OF the parish
courts and in the peripatetic character Of the
district courts. The parish courts constitute
the sole recommendations the present sys-
/ tenn, and their advantage les in the simple
fact that they afford resident Judge to each
rand every tElsh It Was TOR this reason that
| the people refused to abolish them by ratify-
ing the amendment submitted at the last cleo
ton, In spite of the many deficiencies and ex-
travagant cost of the system.
The refusal Vi tie people to ratify the
amendment abolishing these court meant
nothing else than that they desired q resident
Judge at every county seat, no matter at
what cost. We do not believe that this feature
of the existing system will be readily relin-
pushed by the people, nor do we think that it
should be. Only those who are familiar with
the disadvantages resulting from the nom
residence of the district judge under the
present system can appreciate the merits of
the parish courts.
The judges of these courts are always &C
cessible for the granting of the thousand in
terlocutory orders that are necessary at al
most any time. There is always In the par
ish judicial officer with authority to grant
and pass upon writs OF hdbeGs corpus and to
admit parties arrested to bail, and it is from
these circumstances that the parish courts
have come to be regarded with affection by
the people and that they have earned the
name of the poor mans courts" The only
drawback to them is that their judges are
not required to be learned 10 the law and
their limited Jurisdiction. The latter fault is
more severely felt In criminal matters. These
courts are entirely without criminal jurisdic-
ton, except by consent of the accused and
when trial by jury is waived.
The entire criminal iudicature is confided to
the district courts, and the result is that g.
speedy trial in such matters is far from as
sured. This is the sole cause OF the tardy and
| inefficient execution of criminal justice
throughout the State, with the manifold evils
to society resulting therefrom. The defeat Of
Justice In bad cases and where persons ac-
cused have money or influence has been for
years the commonest Of things. The habit
| has been to secure cOntinuances from term to
term until witnesses have disappeared or
their memories have become confused and I'M
reliable, the result being either a nonsuit or a
mere farce of trial. This would be different
II there was In each parish court hold
ing monthly terms Another disadvantage
of this system is that civil business is de-
ferred by reason of the preference given to
criminal business. Generally by the time
the criminal docket is cleared off the term
has expired, and nothing can be done until
the next term, and in civil cases in which
there is jury the chances are that trial
cannot be had for several years. The same
causes operate the delay Of civil business
and the evil of continuances and fighting fol-
time has caused the destruction Of the Legal