The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-07-24
BEGINNING TO THINK,

Our discussion Of the judiciary amendments
have attracted the attention Of professional
men throughout the State, who in every in
stance concur in the views we have expressed
in regard thereto. The lawyers and judges
of the State, especially in the country dis
tricts, are keenly alive to the defects Of the
present establishment, but they thoroughly
agree with us that the impediments in the
way of q prompt and satisfactory dispense
| ton Of justice will not be removed, but rather
increased in the event of the adoption of the
pending amendments. The two points we
have most earnestly insisted upon-a resident
judiciary and judicious limitation of the ap-
pellate jurisdiction of the Supreme Court with
view to lessening it's labors-have met with
universal appreciation.
How these two ends are to be accomplished
we have not ventured to suggest SO far we
have confined ourselves to showing up the
shortcomings and iniquities of the present es-
Establishment and to demonstrating wherein the
proposed amendments fail to correct these.
How to amend the existing system and estab-
lish another that is competent to meet the re-
quirements of the people and dispense sure,
even and prompt justice, both civil and crimi-
nal, is @ matter for lawyers and the most
learned and experienced that can be got to-
gether. These are the only men who can
thoroughly understand the defects of our
court system, or who are familiar with the
abuses Of the practice of law which have re-
suited therefrom. A newspaper can have but
general information upon such subjects, and
Io
of general character, based solely upon GER
tain fixed principles and convictions in regard
to the character and destiny Of the judicial
estate in @ constitutional government
We know that the judiciary is one of the
three coordinate estates Of government, and
that to maintain this character 1t must have
it's sure and firm foundation in the constitu-
ton itself. To be independent and free it
must in nowise be subject even in the small
est matters, to the control of either of the
other coordinate branches-the executive or
the legislative We also know that in those
States where the judiciary does not occupy
this high and powerful position, the liberty of
the citizen Is but name, and the vindication
Of personal rights as against the aggres-
sions of the rulers Of the State is never
attempted. In such States civil justice
as between citizens may be always
rendered and the scales of justice balanced
with the most careful and scrupulous hands.
But in all matters wherein the State is con-
cerned, and these are the matters which most
affect personal liberty, the court but obeys
the dicta Of the government and from these
the citizen has no appeal We have already
experienced here in New Orleans the evils
arising even from the limited power of the Leg
islature underline present constitution, in the
of courts and the erection of new
ones, as the exigencies Of political situation
required. Without celebrating these evils, it
is only necessary to say that the amendments
extend to the Legislature far greater powers
over the courts throughout the entire State,
and which, if conferred, must destroy the in
dependence of the judiciary. We also have a
general knowledge of the inefficient admins
tration of both civil and criminal justice under
the present system, and we have shown that
in this respect the amendments offered no re-
lief whatever. 1t is an universally admitted
fact that the existing Esystem is faulty
and inefficient, and that the amend
mepts, if adopted, will only make mat
te4s worse. There is an imperative need
for a change, but how is this to be
effeSted2 We see but one way, and that is
through convention, in which shall be
gathered the wisdom and experience of the
entire State. The weak and unsatisfactory
3 lhendments concOcted by the last Legisla-
ture are in themselves evidence that one OF
tbh" coordinate branches Of the government
e.nnot be entirely revised and remodeled in
ruch an off-hand way as that proposed. To a
lolSe people the freedom and integrity of the
)weiiciary is too important matter for any
Tslty ,trifing.
We$Are glad, therefore to note the interest
In this matter that has been manifested by
the prof ssiOnal men Of the State. We are in
receipt If communications from several
judges ia the country districts commencing
our articles upon this subject, and submitting
their views in regard to the improvement of
our judiciary system. OF course we have our
opinions In regard to the merits of these diff
ferent suggestions, but now Is hardly the time
to discuss them. There will be abundant
time for this when the amendments are de-
feated and the necessity for constitutional
convention is forced upon the public convic-
ton. 1t Is gratifying, however, to know that
the learned and experienced minds of the State
are engaged in profound consideration Of the
question, and that we have been instrumental
Ii directing their attention to it. When the
question comes up in practical shape these
men will come to the task ripe with reflection
and fully prepared to counsel, consult and act
with wisdom. This is the natural and proper
CESSATION out Of which constitutions are born
out Of the strong convictions and profound
thought of the people. They are not born In
committee rooms, nor of committees or Legis-
latures, but of thepeople, through their agents,
called specially to the performance Of this
the highest act of sovereignty.
Christian K. Ross, the father of Charley
Ross, has written to the New York Times a
very sensible and manly letter, declining to