The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-03-13

II
e provements. All these parish officers to b.
4 elected by the people and have REASONABLE,
: salaries, the fees any of them receive IL
3 accordance with law to be paid into the parish
] treasury Mt stated times
q But as the business of parish NAV he 81
great as that one Judge cannot perform it nj
= the new constitution should authorize tn,
Legislature to create additional Judges In TIN
! parishes from time to time, as occasion max
require, ana TO give those parishes where
one Judge cannot perform all the duties sucf
NUMBER as may be needed. The constitution
, should present a skeleton of system to be
lllled up as the Legislature may deem wise
ana necessary. imagine In most of the
parishes one Judge can perform all the labor
When, this cannot be done, let superior
: court De created for such parishes with as
/, many Judges as may be required. In this
event the parish judge proper should have
exclusive jurisdiction in succession cases
J and In the administration of the criminal
laws, the superior Judge or judges to have
exclusive jurisdiction In all civil cases. The
} parish OF Orleans Is peculiarly situated, and
must have some separate provision. Let there
be one parish court for succession matters,
, with exclusive jurisdiction, and two parish
} courts. OF coordinate jurisdiction confined
exclusively to criminal cases. Then let there
be superior court for the city of New Or
leans, TO consist OF three judges, or more If
the business requires 1t, who shall have power
to sit apart In separate rooms for the trial of
causes, under such rules and regulations as
they may be authorized by law to make.
There should be but one sheriff of the parish,
represented in all the courts by deputies: and
but one clerk represented In the same manner,
who should all be paid salaries and required
to pay the fees received into the parish or city
treasury.
The State should be divided into conve-
nient number of districts or circuits, and
there should be circuit court having original
and appellate Jurisdiction. The original
Jurisdiction should be the same as the SUI
preme Court, and it should have appellate
| jurisdiction in matters OF both law and fact
over the parish courts and superior courts
/ when over $500 are involved, and to pass upon
questions Of law only arising in criminal
cases. 1t might be thus constituted: Let the
parishes be arranged according to territory
population, business and eontiguity into T.
cults or districts Let the parish or superior
judges, as the case may be, within the circuit,
| not exceeding four in number, be designated
| by majority of the supreme Judges, to sit
once year in each of the parishes of the cir
cult, who, with one of the judges of the Su-
preme Court allotted to the circuit, shall
constitute this court Any question of law
arising In the circuit court, deemed of suffi-
cient Importance, might be reserved by the
sup eme Judge for determination by the Su-
preme Court. The jurisdiction and proceed
ings OF this court would be similar to that
now exercised and conducted In the Supreme
Court. The sheriff and clerk of the parish in
which this court sits to be its officers.
We now come to the State government Its
autonomy needs but little change nothing
but to adapt 1t to the changes that have taken
place below.
Senators and Representatives should be ap-
portioned among the parishes according to
population, but each parish should have at
least one Representative. No parish should
be dicided for Representatives or Senators, but
all should be elected general ticket, because
the parish should be the representative unit
incapable OF division tor representative pur-
poses, This is grievance in Louisiana that
calls loudly for reform. Parishes may be
joined, but they should never be divided
Registration leads to fraud; it should be
abolished, and challenge at the polls substi-
tuted. The only department that seems de-
1ectlve III the State government Is the judi
clary. The Supreme Court should have no
appellate jurisdiction over the facts In any
case. Nothing but questions of law should
be determined by 1t, and this regardless of
the amount involved In the case in the
Inferior court where the question might
arise. For this purpose it should have appel |
late jurisdiction over all the courts OF the |
State, OF whatever degree OF magnitude. In |
most cases questions of law as we'll as of fact |
would be finally determined by the circuit |
court, unless reserved by the supreme
judge as above indicated, but In any case not |
Hppealable from the inferior court O writ of |
error should be allowed by proper showing
upon petition in furtherance OF right and JUS
t1ce. 1t should have original jurisdiction to |
issue writs of eertiorari and prohibition in all |
cases arising In any Inferior court over which |
it may have jurisdiction, whether it has juris-
election in the particular case or not. In other
words these wrts should not be simply In aid |
OF Jurisdiction already acquired as has
been heretofore held by the Supreme Court |.
This court should sit once year at the cap
ital, beginning the first Monday in November
and holding session of three months at a
time. The judges should be authorized
90 divide the State into convenient number
of districts in lieu of the present system OF
the State, designating the
judges to sit with each OF the supreme judges
as circuit court, to which each of them
should be required to go once year after the
closing of the term of court at the capital.
These districts to last during the tenure of
Office OF the respective Judges. Public debts
are the bane of free States The old one
should be repudiated, and no new one allowed
except In cases involving the safety of the
people. The plan which have thus hastily
7Eetched do not pretend Is original with my
self except in the mode and manner of appi-
cation to this State. 1t Is substantially the
system which exists in most of the States of
the Union. 1t may have it's defects; moth
ing human is perfect; but it has advan
tages which are apparent and striking. 1t is
and efficient. 1t devolves all power on
the people in their primary capacity,
which digniiies their nature 1t creates re-
spOnsibillty, and this exctes interest and at
people, but these duties educate them. It
develops public spirit around the firesides of
the people, which Families and extends from
ward to ward and parish to parish through
out the State, thus planting the springs to
progress and civilization. Above all, it will
bring the two races together at the sources of
power, and promote better understanding .
between them. 1t will bind up the rights of
the colored man with the interests of the SUI
. rior race. and teach him to lean with con-
iidence on that race for the enjoyment of all
be can hope to have in condition of inferior
freedom. The blight of Capitalization will
pass away, and the fructifying influences of
rue popular government will gladden. and
brighten the hearts of distressed people,
CIvIS.
THE INvIOLABILITY OF CONTRACTS.