The Colfax chronicle. [volume] (Colfax, Grant Parish, La.) 1877-1981, 1878-07-13
cused and when trial by jury is

The entire criminal judicature
is confined to the district courts,
and the result is that a speedy
trial in such matters is far from
assured. 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 accused 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 memo
ries have become confused and
unreliable, the result being either
q nonsuit or q mere farce of a
trial. This would be different If
there was in each parish court
holding monthly terms Another
disadvantage of this system is that
civil business is deferred by rea-
son 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 a 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 for time has caused the
destruction of the legal profession
and incalculable injury to credit
and all sorts of commercial bust
ness. A man does not choose to
enter into transactions at sixty and
ninety days, when three or four
years can be obtained by the deb
tor under the Judicial processes of
the State.
These are the evils of our court
system in the country. The same
delays are experienced in the city,
but they result from a different
cause. In New Orleans the trouble
lies in the Supreme Court. Our
district courts being continuously
in session, afford ample facilities
for the transaction of all business;
but the Supreme Court, because of
it's extended jurisdiction, has its
docket always overcrowded, aud
an appeal to- it is equivalent to a
two years postpOnement of final
judgement. The result of this can
but be disastrous to all CONNER.
cial interests and the destruction
of all credit. .;.. :
Now what are the remedies pro-
posed for these evils in the pro-
posed amendments to the consti-
tuition? We have shown that the
defects of the existing system are
the delays resulting from the slow
processes Of the lower courts in
the country parishes, and of the
Supreme Court of this city. Have
the causes of these delays been
provided against in these amend
ments2 In the country the par
ish courts have been abolished
and, with them, the resident
judges. The only merit these
courts have has been abrogated,
and many parishes are to be- left
with no judicial officer within their
limits. In place of these courts
q system of district courts has been
provided, to be in number not
less than thirty nor more than
forty-fve. 1t is not probable that
the larger number will be estab-
lished, but even in that event there
will be yet twelve parishes Without
resident judicial officer. These
courts are required to sit four
times q year in each parish, just as
they do now. The constitution
does not now require four terms,
but the law provides for that num-
in almost every parish, 80 that the
insertion of the requirement
amounts to nothing. The result,
then, is merely the abolition Of the
parish courts, and the facilities
they Off r for the transaction of
business, without affording any
corresponding advantages. The
same delays that now operate in
the district courts and in cases in
volving large sums is extended to
that class of litigation which has
heretofore been expediously dis
posed of by the parish courts.
There is nothing, then, to be gain
ed by the adoption of this amend
ment, but, on the contrary, its ratifi-