The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-04-17

counsel. At to-morrows business meeting
the names Of persons proposed as members
OF the Academy will be voted upon.
THE JUDICIARY SYSTEM.
TO the Editor Of the Democrat:
have read with care the published reports
OF the committees of the Bar Association
upon the changes recommended in our
present judiciary system. look upon this
and finance as the all important questions
before the convention about to assemble. It
Is we'll, I think, and fitting that those best
competent to judge Of the requisite changes
should give the benefit Of their views on these
subjects through the press; heartily in
dorse therefore, the action Of the Bar Asso-
citation upon the judiciary question, and ap-
prove, in the main, the changes recon-
mended, though on some points must diff
fer with the reports, and as I could not at
tend the meetings, beg to briefly express my
views through your columns.
/. In Judge Kennard's report, would sug-
gest the following change In the wording OF
article 73:
= "And such other inferior courts as
the General Assembly, within its restricted
powers, may establish"
In article "a: The Supreme Court should
have appellate or supervisory jurisdiction,
also in all cases OF contempt Of court or at least
where the act charged was not committed or
done In the actual presence OF the court; it
should also have direct appellate jurisdic-
ton In all cases where the constitutionality
of any law Is involved. The Importance Of
this is obvious. It should not be in the
power Of any district or inferior court to de-
feat the legislative will and render nugatory
important laws by simply declaring them un-
constitutional as justices OF the peace may
sometimes do, and as has been done by a
district % court IN 10 the case ol acg No. ~ OF the
have this power. In questions OF contempt
cases have lately arisen showing, to the
minds of many members OF the bar. the neces-
sity for some regulating or supervisory con-
troll over our "o'er young" judiciary.
Article IS. highly approve of the appoint
ment and life tenure Of the whole judiciary,
but five years Of practice Is not sufficient to
fit man, be he ever so brilliant, for the Su-
preme Bench; man q extraordlnary talent
and with an uncommonly full practice for
five years might prove an exception. There
should also be a restriction as to age; no one
under thirty-five years should be appointed
to the Supreme Bench. Also, vacancies % on
sively from the District Bench, and certain
proportion of the Supreme judges. at least
two, if not three, taking six as full bench,
should be appointed from the country par
ishes. The reasons for these last suggestions
are strong. and obvious.
Articles 78, " and IS. 1 cannot see the ad-
vantage In nor approve OF a sectional court.
To proceed "by sections" will DO for the
militia but 1t presents itself as cumbersome,
The chief cause of division seems to arise
from the assumed necessity for country ses-
sions, which necessity 1 do not concede exists
The Supreme Court should sit only in New
Orleans. Besides, the effect OF this sectional
plan would be to have judgments rendered
continually by q minority Of the court. Now,
with all due respect, submit to the gentle-
men of the Bar Association that 1t is suf1.
GENTLY difficult for US, with united court OF
five, to know and to keep up with the juris-
of six, any two Of whom may render judg-
ments, and we are lost.
The minority report on article rs pre-.
sents far better features; yet, as tdoes not
same time in New Orleans, / do not see that
either plan presented affords the much de-
sired relief required for the ordinary docket
of the Supreme Court; and therein rests an
important failure. The Supreme Court should
pass upon questions Of law only, in my hum
Die opinion and in this alone or by making
the system subservient to this, will we find
permanent and effective relief. Either all
cases should go up from the district courts
with the. facts found, Or there should @ be g az an
upon the facts and the law, subject to appeal
therefrOm to the Supreme Court only upon
errors Of law, all cases involving the constl-
tutionality of any law, or the legality OF any
penalty imposed by a municipal corporation.
to be appealable directly to the Supreme
Court upon questions Of law only.
O. In the report upon the district courts
concur, except as to the qualification OF the
judges. They should not only. ''have license
to practice law in Louisiana for at least five
years, ETC., but they should, be actual prae-
lHtiQners for that period next preceding their
: A trintment. II we had better district
,-.4ages there would be fewer appeals, and con-
sequently an end, much sooner, to great
deal OF useless and expensive litigation.
All court officials should be salaried, and
thus do away with the system OF official rob-
berry that now prevails. by depriving them OF
all interest in costs.
8. concur in the report on "Inferlor
Courts" with the following exceptions: Each
| Justice OF the peace in the country parishes,
! before receiving their commissions, should be
required, within a limited time, to furnish a
certlIicate OF the Judge Of his district to the
effect that he has examined him upon the law
and matters relating to the Office and finds
him competent.
Two city courts, in place Of the present sys-
tenn, will be blessing to the poorer litigants
sambly should not be authorized to increase
the number OF city courts except by a vote Of
the people.
No one should be appointed recorder but
| licensed attorney.
submit these views without the reasons
therefor, because think them self-suggest-
| ing. J.. A. F.
New Orleans. April 13, 1879.
John and the Egyptian.
IN. Y. Graphic.l
John Bull to the Khedive-What did you
kick my servant out Of your cabinet for? The
Khedive (who has heard OF the Zulu vieto-
ries)-'Cos l want to. I'm boss OF this pyra-
mid.