The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-07-29
Dis trict Courts.

These are but two In form-ons the civil and
the other the criminal court. But the civil
court will consist Of not less than five judges,
and the criminal OF two. They are to be APP
pointed by the Governor, confirmable by the
Senate, for eight years. Three OF the civil
judges are to be appointed for four years and
two for eight years; one OF the criminal
Judges for four and one for eight years; their
commissions to designate their terms.
Their salaries are fixed at four thousand
dollars
The Jurisdiction Of the civil district courts
Ia pretty much the same as that OF the
present district courts In all causes where the
amount Ia dispute exceeds one hundred dol
lars.
This court Ia to be divided into sections or
rooms, to each Of which one OF the judges Ia
to be assigned and the cases distributed
established by the court.
These courts descend from their present
dignlfled titles OF the First, Second and Third
District Courts to mere branches or sections,
to be designated by numbers OF one court,
with one and the Same clerk and one docket.
The criminal court consists OF two judges,
who will have general criminal Jurisdiction
only.
Adistriet attorney for the parish of Orleans
ID To be elected by the people, like those In
the country. His salary Is fixed at one thou
sand dollars and such fees as may be allowed
by law. He Ia the only officer allowed fees by
the constitution, but the fees are only allow
able for procuring prosecutions; nolle
MILL mt In i'm ~, Foe
The district attorney is allowed to appoint
an assistant, who Is given higher salary
than his principal, to wit; fifteen hundred
dollars.
The justice Of the peace system having be-
come universally obnoxious has been abol-
ished In this city In place OF 1t we are to
return to the old city court system, which ex-
listed previous to the constitution OF 1852
There Ia to be one Of these courts on the right
bank Of the river and two In the city proper
Their judges must have all the qualifications
OF district judges, and are to be elected for
four years by the qualified voters Of the
parish.
These courts will have exclusive and final
jurisdiction over all sums not exceeding one
hundred dollars, exclusive OF interest.
There is no provision for an appeal from the
judgments Of these courts. This is another
strange anomaly and discrimination between
city and country litlgants.
In the country an appeal lies from Justices
OF the peace In cases involving only ten
dollars. In the city there ts no appeal from
city judges In cases OF ono hundred dollars.
This looks like q grave lapsus In the system
prepared by our city lawyers who had this
subject In hand.
Under the old city court system there was
an appeal In all cases over twenty-five dollars
to Judge who had additional concurrent
Jurisdiction with the district judges.
The General Assembly is to regulate the
salaries and fees Of the city courts, their To-
cation and mode Of procedure, and the Legis-
lature may Increase the number Of these
courts. Each shall have one clerk, to be
elected by the voters Of the parish for four
years, and to receive a salary Of twelve hum
bred dollars. The General Assembly may
provide for police or municipal courts, with
only the power to enforce municipal ordi-
nances and commit offenders.
The general tenor of this structure of the
city judiciary has not few merits, but at
the same time several grave defects. There
Is a crudeness and lack of unity and precision
In Its drafting, which we fear will create vex-
attous and conflicting interpretations On the
bench and at the bar.
The whole system for the State and the
city has the great recommendation OF cheap
ening the expenses to the State Gifts judiciary
by the sum OF fifty-four thousand five hum
dred dollars.