The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-07-09
THE JUDICIARY AMENDMENTS.

; In previous article upon this subject W
pointed out the dement's OF the existing cour
system Of the State, and, then, we demon
strated wherein the substitute for it proposes
in the judiciary amendments to be voted o.
at the next election failed to correct the evil
Of the present system, 80 far as the admins
tration of civil and criminal justice In tn
country parishes was concerned. We demon
strated that the inefficiency of the lower courts
In the country, and of the Supreme Cour
in the city, was the immediate cause of slow
litigation, and consequently of the destruc
tion Of credit and the great embarrassment
of commerce and trade. We demonstrated
that all these things resulted from the infre
quency of the sessions OF the district courts in
the country parishes and the peripatetic ma
ture of those courts. We also showed that
there was no adequate remedy for these evils
provided in the proposed amendments. They
merely abolish the parish courts, and in so
doing they make matters worse, and subject
the less important litigation, now disposed of
with some degree of promptness by the parish
courts, to the delays and vicissitudes which
attend that within the jurisdiction of the dis
tricts courts. They also abolish the resident
judiciary, the one commendabIe feature of the
parish court system, and leave q number of
parishes without a judicial officer com
petent to issue interlocutory orders In civil
causes or to hear applications for bail or
hdbeGs corpus in criminal cases. Really the
only thing desirable In these amendments Is
the economy resulting from the abolition of
the parish courts, and this Is attained at the
cost OF such serious detriment to the already
inefficient administration of justice that it Is
not to be thought of. At the last election the
people, in rejecting the amendment proposing
the abolishing of the parish courts, declared
themselves unwilling to give them up on the
sole ground Of their costliness. They were
willing to pay even the present enormous
expense rather than relinquish the benefits of
resident judiciary, even though the judges
composing 1t were unlearned in the law and
though the jurisdiction of their courts was
SO limited as to seriously interfere with their
proper functions. Still they had preliminary
powers in all criminal matters and were
authorized to dispose of all succession BUSH
ness and the less important litigation, and
even for these advantages the people were
willing to stand the present enormous expense
OF supporting these courts. Promptness and
certainty are considerations of the first i'm
portance' in the administration of the law
both civil and criminal, and these are to be
only by resident judiciary and
through courts almost continuously in session.
The lack of these qualities in our court sys-
tenn Is due to the causes we have enumer-
ated and not to the overwOrk of the Judges.
Half the number we now support could do
threeEimes the labor they are called on to
perform, so that economy can be obtained
and at the same time efficiency. The amend |
ments obtain the economy, but they do 50 by
creating judiciary system even less eff
cent than the existing one. Now, we MAIN |
tain that 1t is Of more Importance to perfect |
the system and remove the impediments in |
the way Of speedy justice than 1t is to econ
omize in matter of this kind.
AS we have shown, the trouble In the coun-
try parishes lies in the infrequency and in
Of the lower courts. But how do |
these amendments go about remedying 1t? |
They destroy the single commendable feature |
Of the parish courts instead of developing and |
applying It, They do nothing for the courts |
Of original Jurisdiction, but they offer a plan |
such relief is necessary. The Supreme Court |
Is not one case behind on its country docket,
yet an intermediate circuit court is provided |
for In these amendments for the purpose Of
relieving that court. The Supreme Court re-
quires no relief in the country parishes, and |
there Is not particle Of need for these Cir
cult courts The whole appellate docket, out |
side OF New Orleans, can be easily disposed |
Of within the two months set aside |
for the terms at Monroe and OpeIousas. |
The only trouble is, that these terms come |
OFF in midsummer and the Justices of the Su-
preme Court are disposed to get rid of it in
TWO weeks, and in doing so, they render what
they call "saddle-bag decisions" that never
Jake rank rs the highest authority upon the
points they decide. That provision Of these
then, which proposes to lessen
jhe labors of the Supreme Court at the coun-
Try terms is a delusion and snare, and
to nothing whatever.
In this city, where some relief Is necessary,
t is questionable If the Legislature can
ighten the labors of the court under the pro-
vision of these amendments. But even if the
Legislature should deem itself authorized
aAdoA OuO aLIcuuIuSHbo W Ct0obG5 ClLCulb GQuILS
n the city Shy grouping the district judges
nto circuit courts" and thus relieve the SUI
'reme Court by combining its jurisdiction to
asses wherein the amount involved exceeds
$1,000, it will yet have an immense docket to
lear off. Besides, we doubt If it would be
advisable to interrupt the sessions of the dis
riot courts by assigning their judges to any
uch extra duty. 1t would be better to create
such an intermediate court as may be found
specially for the city of New Or
cans; or else to appoint commission to
clear the docket OF the Supreme Court,
md then require of it to keep it's docket
clear. In the country there is no need of