The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-07-11
THE JUDICIARY AMENDMENTS.

The following very able article in regard
to the proposed change in our Judiciary sys-
tenn Is from the Opelousas Courier. The two
points 1t makes-that the judiciary, being o
coordinate branch of the government, the
jurisdiction Of all courts should be ordained
and established by the constitution and placed
on q stable and independent basis, absolutely
removed from the control of the legislative
branch and that the circuit court system pro-
posed In the amendments fails entirely to
answer the purpose for which these courts
are designed-are unanswerable. The article
Is marked by SO much ability and such q
thorough understanding Of the question that
we shall attempt no emendation Of it, but
reproduce 1t In full:
If amendment XI is adopted, the judiciary
system Of the State will be precipitated into
inextrlcable confusion. The Judiciary Of the
State Is an independent and CO-equal branch
OF the government, and, like the Legislative
| and executive departments should be Ordain-
ed and established by the constitution. Espe-
cially Is this true of all courts above the grade
of justice of the peace. District courts and
appellate courts should rest upon stable and
independent basis. The reason Of this is OBJ
yious. Judges should be free from control by
the legislative branch, which, in our recent
history, has not hesitated to abolish courts In
order to be rid of judges politically obnoxious
to the majority Of that body. Ii courts are to
depend for existence upon the caprice of the
legislator, we need not expect to see the law
firmly and courageously executed To subject
any important department Of the judiciary to
Legislative control Is to demonstrate want of
comprehension of the philosophy of our
American system of government. BY amend
ment XII the Legislature will have au-
thority to establish not less than thirty nor
more than fOrty-tive judicial districts. Fiji
teen of these districts will therefore depend
upon the legislative will, subject only to the
condition that no change shall be made during
the incumbencY of any Judge We are quite
aware that RELOCATING so large margin of
power over the suhject-matter to the Legis-
lature was a convenient way of bringing the
whole matter within the CirGumscribed limits
of an amendment; but this only illustrates
the FOLLY of attempting to create judiciary
system by this plan. We also know that in
this particular the proposal has the authority
OF some OF our old constitutions. But we
affirm it to be wrong in principle and In praC-
tice. judicial tribunals Of rank above magis-
trates' courts, and their jurisdiction, should
be created by the organic law, and should be
absolutely Independent of the Legislature
What has been said above applies with still
more force to the circuit courts provided for
by amendment XI. The Legislature may or
may not, as it sees fit, establish these courts,
and it may abolish them at will; because the
prohibition against any change during the in
cumbency of the Judge applies only to district
courts. These courts are given appellate
jurisdiction over suits involving amounts be-
tween 500 and $500, and the Legislature may
increase their jurisdiction to amounts of $1,000
by two-thirds vote. Whata strange anomaly
is noticeable here? The Jurisdiction OF these
courts is to be fixed by a constitutional pro-
vision, before they come into existence, and
without any guarantee whatever that the Leg
islature will ever establish them, for the mat
ter is left entirely to legislative caprice or
IL JpAa ha mil
fortune to the bar and to iitigants if the pro-
posed system should go into effect. The adj
vantages proposed to be gained by the circuit
court system by the advocates Of that plan
have been entirely eliminated and overlooked
In this very ill-digested scheme. No practic-
ing lawyer or party litigant will wish to be
put to the trouble and expense of attending
away from home two different appellant tri-
bunals having distinct jurisdiction as to the
amount involved, one OF these courts being
limited to the insignificant sum of $500. Law
yerS and litigants now have appellate courts
at their DOORS with the same jurisdiction that
amendment XL proposes to give to the circuit
courts, and while the bar and the bench will be
subjected to greater expense and Inconvenience
without any COLI Utf15tttiiffs, benefit. the lahnrs
of the Supreme Court will not be at all hight
ened. We advocated circuit court system,
which should give to such tribunals unlimited
and exclusive appellate jurisdiction of fact,
in all cases involving amounts over $500, leav-
ing to the Supreme Court the power to revise
the circuit court decisions, by writ OF error,
and on questions of law only; and we have
reason to know that this plan has the apprO-
val of some of the members of the present
bench The circuit court system Was sug
gested for the purpose of relieving the Su
preme Court of part OF the great labor now
devOlving upon it, and at the same time of
affording to parties litigant and attorneys an
appellate court near to them with all the jul
risdctiOn of fact now exercised by the Su-
preme Court. These objects are not secured
by amendment XI, nor any other advantages
that we have been able to discover. Another
curious and inexplicable feature in this
amendment is noticeable. The last Legisla-
ture did not feel competent to fix definitely
the jurisdiction of the circuit courts, and SO
it asks that the matter be, to 8 certain ex-
tent, left to the good pleasure Of future Legis-
latures, taking care, however, to clrcum-
scribe and limit these courts in their iurisdic
ton below the point where their efficiency
and usefulness would justify their creation
1t looks as If our constitution builders had
| tried chow not to do It,"
| Let us have constitutional convention, to
take into consideration this and many other
matters of vital import to the people Of this
State. This is the only Democratic way, the
only proper and satisfactory way OF Ordain-
| ing the organic law; and unless the people Of
Louisiana fall into Radical ways and lose
their devotion to the republican methods OF
their fathers, they will cOuntenance no other.