The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-05-03
THE JUDICIAR 7.
DEMOCRAT.

10 the EulLOT Oh Lub DbIuOCThl.
The Constitutional Conventi is now in
session, and provisions In an organic law Of
unspeakable Importance to the l'eople are to
be established. In my estimates, those per-
tanning to the judiciary of the Sta te are above
every other In vital interest.
AS the judiciary is, and ought to be, only
legal In its character and aims deem 1t es-
sental to it's completeness that is considers
ton engage the very best legal ilent and ex-
perience not only of the Convention, but Of
the whole State.
Such consideration would greatly assist,
and no doubt be acceptable and appreciated
fully submit what follows to that learned
body for what they may deem them worth,
and trust that other members Of the bar will
tender discussion on the subject.
First lay down as fundamental con-
sideration, q resident judge for each parish in
the State out OF New Orleans except 1t may
be those sparsely populated parishes In which
there Is comparatively little litigation, two OF
which mot more) could be formed into one
district. In this provision it matters little
what name you give to the courts thus estab-
lished District courts would be a convenient
name and would abolish parish courts.
Second-I would give these courts jurisdic-
ton of any amounts, including probate pro-
ceedings, from 800 up, subject to appeal from
Court, and would 80 modify the provisions OF
the present Supreme Court that In all sums
claimed over $1,000 the Supreme Court could
review the case on points OF law only, and In
$1,000 the court should review them on the
evidence as it now does by appeal.
Third-In all criminal matters the district
courts should have the same jurisdiction and
proceed in the same manner as they do now,
with authority to examine and commit to
their own courts, and continuing the jury
system In both criminal and civil practice.
| Fourth suggest $2500 would, in the pres
ent state Of affairs, be reasonable salary for
each district judge, and $4,000 for each SUI
preme Judge, with $500 additional to the Chief
| justice. I think these salaries would secure
competent talent and faithful judges upon the
| bench. Less, / am satisfied, would not, OF
perhaps it were preferable TO let the Gonven-
ton submit the subject. OF salaries OF judges
tolegislative enactments, according to chang
ing circumstances and conditions OF the conn-
try, only that salaries once established be non
Teducible during the ter.. OF the judges, OF
flce would also suggest In this connection
a most important provision In order to main,
tain the dignity and high reputation OF the
BENCH that every Judge before his election or
4 appointment should have been practising
lawyer, under license of the State at least six
.L-peLter seVen-years. As connected with the
couICS, would suggest a district attorney
for each district, with a fixed salary either
by the Convention, or left by it to legislative
eGactments.
4 Fifth believe it would promote the inter
ests OF the people and facilitate the business
OF the courts that every district Judge have
authority to appoint his own clerk Of the
court, and to remove him for cause. as the
/ Supreme Court has always DONE This would
secure competent and trustworthy clerk fol
all the courts Of the State, OF which we cannot
h.,nG - 4rfr
clerks should exercise no judicial functions
except in the absence Of the resident Judge.
Sixth-Justices of the peace should have
jurisdiction as now, including matters OF sue
cession; grant appeals to the district courts
as they now do to the parish courts and fol
the same amounts.
/ Seventh-The mode of constituting judges
whether by election or by appointment Of th,
Executive, or, as sometimes limited, by tn
Supreme Court (which last suggestion con