The weekly Thibodaux sentinel and journal of the 8th Senatorial District. [volume] (Thibodaux, Lna. [i.e. La.]) 1875-1898, 1878-02-23
District Courts.
AIORDAN.

lit III liz l Ii ldACu 1IOll lllS |
New Orlral $ Times, of the 9th inst:
1t is singular that the lawyers of Louis
lana, who are most vitality interested do
not devise some plan OF reducing the costs
of litigation. The costs are so excessive
that justice is practically denied to the
poor, and merchants often prefer to com
promise with debtors at twenty five cents
on the dollar to attempting to enforce
their rights at law. The total costs of a
stlt might be fixed ut a round fee proper
toned to the amount. and the court otfi-
GERS to be paid fixed salaries. 10 sue for
one hundred dollars ought not 10 cost over
five dollars in any event, unless it is frivo
louS, and the actual expense beyond that
sum ought t" borne by the State
I've admissions are clearly made in this
article: /. That the present cost of Iitiga-
ton is excessive, and that justice is there
by practically denied to the poor. ;. That
merchants prefer 10 compromise with their
| debtors ut twenty-five cents on the dollar
rather than apply to the courts for redress.
| fully concur in the W. propositions in
vOlvet i'll the above admissions, and | now
propose to explain why litigation is I'M
reasonably expensive, and why creditors
pFetcr To compromise att l"avy loss rather
than seek Justice in the courts as organized
under onr present judicial system.
The root of the evil lies III the district
court system OF the country parishes. do
not think that any just complaint can be
urged against the district court system ot
the cit, of New Orleans where the courts
are i'll session during eight consecutive
months OF each year. But i'll the country
parishes he ease is quite different. There
the district courts hold session Sem anhnqi
~ racL session lasts one muntll-uo long
cr because on the first of the ,~nere,diIitr
month the district Judge mast 20 and hold
court in another parish of the district.
Criminal cases are tried by preference. and
consume the whole time OF The court The
country .iaIls are always full OF criminals
awaiting triad, and these criminals. it may
be incidentally mentioned. are IL. at puii-
lie expense during the unnccrSslriiv ION.
time tslN months that intervencs bet WrtIl
each session of coirt. The while ta1S,. iaii
birds take up the titIe of the court Il dozen
or more jurors are kept away from their
daily avocations; and in the lnranwhile
civil cases are i'll a~heyaEre, and defendant
debtors are enjoying immunity similar to
that secured il Atotiand by the benefit of
sanctuary i'll iInlyrood-in this Sanctuary
the debtor is sheltered against all wrifs
for civil ciIims-those OF the State only
excepted.
1llave seen in Il country parish a pltiu-
tiff with II note of hand. secured by ven
doris lien aud privilege, kept at bay for ten
years under our present district court sys-
TEN. | have repeatedly seen plaintiffs,
who had sued upon mortgage notes. mt
OFT from term to term until each plaintiff.
ANNOYED and iretted by the laws delays.
finally accepted any compromise the de-
fendant might offer, rather than pursue an
expensive suit i'll the district court of a
country parish. The merest frivolous plea
interIosel by defendant will put off a civ
IL case III one OF these courts to the next
Succeeding term. thus giving the defen-
danc, debtor. a respite OF six months. and
this, too, without the consent of the plain
tiff, creditor. who may be ever so anxious
to recover speedily upon his demand.
W Years ago Il wealthy capitalist of
New New Orleans sued a planter in the dis
trlrt court OF a country parish on Il protes-
ted draft. Plaintiff also prayed that IA
sale made by defendant to defendants son
should be annulled as having been made
III fraud OF creditors. This case has been as
signed for trial ten different times: and at
each assignment twenty witnesses. living
forty miles from the court house, were sub,
u9naed for the trial. These witnesses are
entitled TO mileage and per diem, and al
though the Legislature may salary officers
OF court, there Is no way of avoiding the
payment off mileage and per diem to Wit
nesses. many Of whom are poor men who
1--we upon the earnings OF their daily labor.
Each time that the case was assigned for
trial and witnesses were subprnaed. en-
tailed a bill Of costs for the mileage and
per diem OF witnesses lwitholt taking into
account the sheritfs fees) of not less sthan
500, The ease was assigned for trial ten
times therefore ten times eighty equal
$500 costs i'll the way of witt esses' per
diem and mileage already incurred. and
Silll the case Is not yet tried. and Heaven
only knows when it will be tried. This
! .alSA E,, l,nr,, IN Ar., I1 -
trial docket by criminal cases. which have
precedence under our laws. Now. if there
was a court OF unlimited jurisdiction in ev-
cry parish III the State, holding sessions
during eight consecutive months of the
year. this case could have been tried with
III sixty days after it had been instituted.
and the costs would not have exceeded
Sloo, whereas the case may not be conclud
ed Ill the next Q years and plaintiff may
becalied on to dishnise $1,000 of costs before
he sees the end of this litigation. This
case Is one out OF II thousand similarly sit
uated.
10 pay the officers of court a fixed saIa-
~. If such Il thing We're advisable. would
not do way with the enormous bills of
costs incurred by the repeated summons OF
witnesses who are justly entitled to per
diem and mileage. The remedy proposed
would be comparatively Of slight efficacy.
' 'N' ~ tti't tht SEtJIt thli.
which Is the unreasonable delay that is oc-
casloned before Il civil case can be brought
to trial on its merits IN the district courts
of the country parishes.
Capitalists and merchants do not know
precisely why their eases drag so long IN
the district courts of country parishes, and
they naturally imagine that the whole i.
dietary system of the State is vicious, if
not corrupt. when really the main fault
hes altogether i'll the present district court
| system. And | do not wonder that these
capitalists aud merchants should prefer to
compromise with their debtors ut twenty
i've cents on the dollar rather than go to
law.
Ny honest and firm conviction is that
our present district court system. which so
much tavors the debtor and alarms the
creditor. fcapitalist or merchant.l has done
more injury to the material interests of the
State than high taxes or corrupt Radical
government. Capitalist and merchant, hay
ing lost faith III our judiciary system. re-
fuse 10 make the necessary advances to
the planter. and the consequence is that
the agricultural interests of the State suf-
ter. and when these suffer all other inter