The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-04-14
THE BAR ASSOCIATIONS PLAN !.

THE BAR ASSOCIATIONS PLAN.
1t appears to be the unanimous opinion OF
the bar that the Supreme Court should retain
the appellate jurisdiction now given 1t. poth
as to the facts and the law, In all cases III
volving sums Of $500 and more. or property
of that value. The plans proposed py the
Bar Association do rot contemplate any De-
crease of the jurisdiction and, consequently,
Of the amount Of Labor 70 be performed by
the court It Is d recognized TACT, however,
that the court, as it Is organized now, cannot
possibly discharge the immense work re-
aured at its hands with that dispatch which
ia necessary to proper administration OF
Justice. It's city docket Ia two years behind,
and the list of cases ID being constantly in
creased.
In order to relieve this pressure, 1t is pro-
posed to really organize two courts, which, In
certain cases, shall have the power Of sitting
as single tribunal. The court, by this plan,
10 to consist of a chief justice and five ASSOC
ciates. who are to be divided into two sec
lions, to sit alternate weeks or at the same
time. as they may determine.
This strikes 1s "a an excellent arrangement,
and 1t will doubtless prove most ef1icacous
one, II adopted, and will enable the court to
clear its docket and keep IL clear hereafter.
The only objection to 1t is, that there being
an even number of Judges, there will not be a
majority In case Of disagreement Yet, this
is no serious objection. as the court 10 seldom
evenly divided, and when 1t does happen. n
district Judge may be called In to participate
la the trial of tho case as was done some
time SINCE under the provision Of the present
constitution, in suit in which Judge Monroe
sat lii the place of Chief Justice Manning,
who had refused himself
Both plans submitted provide for coun-
| try term at different points In the State we
do not think that this proposition will meet
| with favor among country lawyers. With
the exceptlortAof the local bar at tho points
selected for the holding Of these terms, the
country lawyers Infinitely prefer to have
| their cases returnable at New Orleans. The
reasons for this are manifest. In the first
place Now Orleans Is more easily accessible
| than any OF the country towns where The
court il required to sit, even to the country
Immediately contiguous to those towns anC
| Is more pleasant place OF sojourn for a week
or two for lawyers having business before tht
court. But there are other reasons for making
all cases returnable here OF not less Importance
In this city the court has oil It's books anc
authorities at hand and are thus enabled K
give all cases a more thorough tnvestiga
ton than Is possible elsewhere. 1t Is {
/ will known fact to the country
bar that the country terms are most unsatis
factory. They are held in midsummer, wher
the judges are tagged out with their year,
labors, and when they are impatient to ge
away for their summer vacation. For thi
reason and the further one that the libraries
accessible to the court are small, 1t Is fmpos
sible to give every case the full and careful
consideration that 1t Is entitled to, and W
believe that the court itself does not regar
as the very highest authority decisions rer
dered at these terms and under these crcum
stances. We believe that, II the genera
wishes Of the lawyers Of the parishes are X
garded, all cases will be made returnable q
New Orleans.
We notice that the Bar Associ alton adopt
our suggestion In regard to two city court
to take the place OF the present justice OF th
, peace system, but they retain the justices
!, the peace In the country. They also advie
5 the abolition of the parish courts and the r.
/ establishment of the old district courts, giy
) Ing to clerks Of court the authority to issu
; conservatory wits and make preliminar
orders. These are both questions upon whic
] the country members Of the convention wi
) bo better qualified to pass than the Ba
Association of this city, and 1t is
matter in which the Convention shout
! defer to their wishes. Our views upo
them have already been defined. The reason
} for getting rid Of justices Of the peace ar
more imperative in the country than In tn
city. The office is one that negroes are yer
J fond of, and they are invariably elected to
when they are in the majority We are ais
In favor Of d resident judiciary, which we be
: lieve can be secured at very little. IL any
greater expense than the district courts wi
cost. This Is very delicate and complicate
subject throughout and should be settled onl
after thorough consideration and the mos
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