The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1879-01-24
SYSTEM OF LOUISIANA.
LFrom the opelousas Courier.l

From the Opelousas Courier.l
1t has long been an admitted fact
that the Supreme Court of the State
has, under the present system, more
work to do than it can possibly ac-
complish. AS an illustration of this
three thousand cases on the docket
undecided; and, instead of a proba-
bility of diminishing their number,
they are constantly on the increase.
The Court that preceded the present
Bench, though justly credited with a
great amount of industry, made no
visible impression on the docket. No
change in our system, therefore, will
be complete that will fail to apply a
remedy at this point. The speedy trial
and decision of causes before this trib-
unal is of great Importance to the
citizen, and not seldom to the State ut
large. How then shall the evil be
remedied? Not by having two or
more appellate courts of concurrent
Jurisdiction, but by confining the juris-
diction of that court exclusively to
questions of law.
1t is we'll known that much of the
time of this court is taken up in the
examination and recapitulation of the
facts of the cases before them, and that
if they were relieved of this part of
their duty their work would be so light
ened that they could easily control
their docket. But it is necessary that
an appellate tribunal, having cogniz-
ance of the facts OF causes as we'll as of
the law, should be provided, because
no system would work satisfactorily
which would make the decision of
causes of Importance, by courts Of the
first instance, absolute and final as to
the facts, there being many such cases
which involve no disputed questions of
law, and in which the chief difficulty
of the court is to ascertain the true state
of facts. An appeal in such cases from
the judgment of one man to that of
several, who together would consider
the matter, and who would reside at
distance from the domicil of the parties
litigant, is very proper and necessary
safeguard against error or injustice. If
then this branch of the jurisdiction of
the Supreme Court be taken from it,
and if, for the reason stated, some other
appellate tribunal should be organized,
with exclusive appellate jurisdiction as
to questions of fact, it becomes necessa-
ry to consider how such a tribunal may
be organized, so as to ensure efficiency
in the system, and at the same time
come within the scheme of economy
and retrenchment proposed. The Dis
trict Judges, if they be retained, could
not compose such court, because there
are too few of them to constitute the
requisite number of circuit courts, it
being advisable that a circuit should
not comprise more than six parishes,
five of the judges of the circuit consti-
tuting full bench while in session.
Besides this objection, the imposition
of this additional duty upon the Dis
trict Judges would prevent the increase
of jury terms of court in the several
parishes, a measure of economy highly
necessary, as we shall endeavor to show.
That system is best which eXpedites
civil and criminal business most rapid
ly, safely and economically, and it has
been fully demonstrated that the sys-
tenn that offers a trial to the State and
to parties accused of crime, but twice
in twelve months, and that confines
many of these parties in the meantime
in the public prisons at the expense of
the public, is not only wrongful to the
party accused and burdensomc to the
public, but it is radically wrong in
principle. 1t is fundamental idea
in America, to be found in all our con-
and law books, that parties
accused of crime should have speedy
Crlal ana simple 1nSpectlOn OF the
annual expenses borne by our parishes
for arrest, preliminary examinations
and the maintenance of persons during
the many delays incident to our pre-
sent system of criminal jurisprudence,
will disclose public burden of the first
Now, as it is certain that
the work of adjusting our appellate
courts to the wants of the times, will
be but half accomplished, unless the
Supreme Court be relieved of part of
the duty it is at present required to
perform, so is it equally manifest that
any reorganization of the courts Of orig
inal jurisdiction, which docs not mate
rally lessen the delays and consequent
of criminal proceedings, will
fall totally short of any real reform. To
accomplish both ends, then, involves
the abolition of the Judicial Districts,
and the substitution in their place of a
Judge for each parish, who shall cxcr-
else the jurisdiction now given the
Parish and District Courts, and who
shall once year, sit as member of
the Circuit Court. This scheme did
not originate with the writer, but is
the suggestion of one of the ablest and
most experienced lawyers in South
Western Louisiana.