The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-02-24
COSTS OF LITIGATION,

NEW ORLEANS Feb 30. 1878.
Editor Denorht--The city Of Now Orleans
taxes and licenses. The costs OF court for these
suits amount to s7b,o 600. the State of Louisiana
pays not less than $4,000 yearly in costs the
suits for which they pay on an average SIS
making $4,000: thus the cost of our litigation is
Our criminal courts are not included In this
estimate.
Our present system of fees is or 8neous-
!. Because Il litigant who files claim Of SOL
aud who meets wi a stubborn or dishon-
est d. btor. pays more to obtain his Judgment
than does one who claims 100000, and meets
q. Because the clerks have never been guided
by the fee bill, but charge at discretion. There
the Judge than to taks notice of such over
sharges. The practitioner appreciates the diff
Guilty of cutting down tho charges Of the tariff,
This cannot be done.
What is the remedy for this evil
Tho Ave District Courts to which we refer ore
carried on by five clerks. who attend to the in
management ofothsir offices to chief deputies,
who are docket and general clerks, and are paid
a ae slsoa per a slseo by ssaoo;
1880 per annum-Fay $500 by 5--f750O: stsno-
gfap,her would willingly accept $4,000 in return
copyist would be glad to accept 5000 per annum
say 5000 by $500. now add for stationery
pad other expenses s5Uo per court say $500
The sheriff should be salaried. but the risks
that he now in .urs should be taken from him;
the parties In interest ERE should be called upon ct
eases whore u discretion Is now left to the
sheriff. and, the parties alone should be made
liable for damages caused by theinacts. Thus
exempted from risks tho officer should reeeivs
$4,000 per annuIn instead Of 100000 mel per
year, as someo Of our shenffs have already re-
ceivei $4,000. He should be allowed from t. n to
fifteen depuies; whose, salary should be
graduated according to the. Importance of the
work 10 be performed making on an average
n z TnI- ct md n hast
Incidental expenses allow $1,000 making grand
total of sea.5ao
bringing his suit, should be compelled to de-
post per cent of the amount or value of the
| gssss,y claimed by hi" in tho State or city
The total amount involved n yearly litigation
s"ass f This woS ed At q per
ries above provided. This surplus should be
flying pro tanto Its numerous creditors.
The city and state should be permitted to sue
without costs The taxpayers would thus save
To insure the efficiency, OF this system the
clerks and sheriffs should be under the. super
vision of any court, and upon the complaint of
ately summon. Jury to try the complaint. and,
If verdict Of guilty be rendered, the officer
right to a devolutive appeal should DO reserved.
The judicial advertisements might be offered
to the lowest bidder. and the printer should be
paid out Of the surplus above mentioned.
The clerk of the Supreme Court and his dep
uties should receive salary payable out of this
surplus.
The costs Of appeal from the country parishes
should remain as they are, but should be paid
fntu the treasury above selected
In case there should be a deficit for the
payment of these salaries the city and Stats
should be made to contribute.
Thus perfect system would be organized.
doing away with the defectso Of which we so
much complain. A recactrant debtor would
costs his creditor. who. after all his efforts may
not be certain to realize his Judgment. and on
THO other hand the heavy and sometimes frivo-
lons damage suits brought would be dscour-
aged.
The attention of the Legislature. and special.
ly that of our city lawyers who there represent
the different wards of our city, should be called
to this subject
Hoping that the crude ideas now hurriedly
transmit to you may lead to some practical re-
suits, beneficial to 1tigants and the community.
/ have the honor to remain, very respect 6lly,
your obedient servant. CHS. LOUQUE.