The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-05-10
THE NEW JUDICIARY SYSTEM.

In our issue OF yesterday we discussed the
views of different members Of the Convention
on the subject of our new Judiciary system
and pursuing this subject, we find that ia
vorite feature with some, In the proposed re-
construction of the judiciary, is the establish
ment Of an intermediate court between the
district and the supreme courts, which, for
| the sake Of convenience. and following the
| analogy OF the national system, may be
called the circuit courts. These courts would
be formed by grouping several districts In
| one circuit. The New Orleans courts would
form one circuit, and In the country contigu-
Gus districts can be grouped as convenience
and proximity may dictate.
We do not understand that another set of
judges is thought to be necessary, but that
the district judges Of a circuit shall sit to
gether and hear appeals from their several
courts.
One of our correspondents has suggested
that the Supreme Court judges shall hold or
assist In holding the circuit courts, after the
manner Of the national system. An insur-
mountaple objection to this plan Is that Its
adoption must be preceded by a new arrange
ment Of the year. The Convention would find
1t necessary to enact that the year shall have
more than twelve months. At present the
Supreme Court sits nine months, from the
beginning Of November to June In New Or
leans, and during June and July In the coun-
try, and we do not see how 1t would be prac-
ticable to adjust the duties OF the supreme
judges to this arrangement consistent with
the requirements OF the docket.
II the district judges are required to hold
the circuit courts, their long absences from
their districts will defeat one OF the objects
Of the small district system, viz: The as
sured presence OF the judges within their
several districts at all times, and the conse-
quent rapid discharge of business. 1t may
also necessitate the increase of salaries be-
yond the sum which many appear Ito have
fixed on as a maximum.
Ii seven districts are grouped In one circuit
the judges, whether they travel around to
the several parishes or whether they sit In
one place, will be absent from their homes q
considerable part of the year. The expense
incident to travelling to and fro, and of their
sojourn at the place or places where they will
hold the circuit courts, will consume one
half or one-third of their salaries, and what is
left may be insufficient for their support.
The advantages expected to be derived
from this intermediate court are two fold:
one is, that il will give the two trials before
two different tribunals, which 1t Is supposed
are necessary to assure complete justice; and
the other is that it will relieve the court of
last resort from the plethora of suits which
have long encountered the docket.
This Is on the supposition that the appeal
able sum will be made larger, appeals being
from the district to the circuit courts for a
small sum, and those from the circuit to the
Supreme Court for sum larger than that
now prescribed. Whether these advantages
will outweigh the disadvantages already
pointed out, may safely be left to the iudg-
ment Of the lawyers In the Convention from
the country parishes, who have practical
OF the needs that have to be met
and provided for Id these parts OF the new
system that most nearly concern the country
practice.
Another feature In this plan OF an interme-
date court Is that it shall find the facts in all
appeals up to a given sum, which on being
certified to the Supreme Court, this last tri-
bunal shall decide only the uetierefef law
arising thereon. But this hn. others b,pro-
priately be considered whes Q % pa atlon
of the court of last resort comes to be- dis
cussed, and before we enter upon that discus
sion we shall endeavor to present the main
features Of the rival system of parish judges
for each parish and large districts, to which
some of the most experienced of our lawyers
are understood to be welded