The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-07-14
REPORT OF THE JUDICIARY COMMIT
TEE.

which was submitted some days ago. has
been printed and comes up to-day as the
special order. "A more thorough and rad
teal oVerhauling Of the existing system than
that recommended In this report could not
BIZ presented. The alterations recommended
are, sueclnctly, as follows:
The entire judiciary, from Chief Justice to
| the Justices OF the peace, are made appointive
by the Governor.
The; Supreme Court retains It's appellate
| Jurisdiction, both as to the law and the
facts, but only In cases involving $1,000, eSelu-
sive Of COSTS The relief, which the crowded
docket OF the Supreme Court rendered abso-
lutely necessary, Is afforded by the institu-
ton Of Courts Of Appeal, which might have
been more appropriately designated as Cir
cult Courts. It Is proposed to estab-
lish throughout the State five circuit
courts, with two judges for each cir
cult, with appellate Jurisdiction IN all cases
Involving sums Of over 5000 and not more
than $1,000, exclusive Of costs. in which their
judgments are to be final These judges are
required to hold two terms yearly In every
parish, and cases are to be tried before them
on the records Of the District Courts. How
| ever, cases involving $500 or more may be
carried direct from the District to the SUI
pre1ne Court on questions Of law only. This
arrangement will, II practicable, certainly
afford great relief to the Supreme Court,
as the bulk Of cases appealed to that tribunal
involve less sums than $1,000.
/ There are, however, some ineongruities In
the provisions establishing this court and
prescribing Its duties. We shall note these,
| according to the order of the articles, rather
than with reference to their Importance. Ar
tiele 81 says whenever the first Monday
(alluding to the days upon which these courts
81 appeal shal begin their sessions In the
several patishes) shall fall on legal holiday,
the court shall begin its sessions on the first
judicial day thereafter 1t isprovided that
sessions shall begin In some parishes on the
second, third and fourth Mondays of the diff
ferent months; we would, therefore, sug-
uest as an amendment that, in place Of the
words sthe first Monday" the words "the
Monday named for the opening Of these
COURTS be substituted.
Again, article % strikes us as out Of place.
1t provides for the appointment OF additional
district Judges In any district whenever the
l.
4 comments On the propriety OF this article,
which Is certainly very doubtful, we must say
that, since 1t refers to the district courts, 1T
has the temperance OF being hidden away as
it now stands, under the head Of the circuit
4 courts, with which it has nothing to do
The provisions Of article % also strike us
as impractieable. This article reads as fol
lows:
Whenever the Judges COMPOSING the courts
of appeal shall concur their Judgment shall be
final
mont appealed from shall stand affirmed.
In an ordinary case, involving a mere af-
: firmative and negative, there could be no Oh
lection to the operation OF this rule. But
many Of the most important and complicated
cases at law cannot be SO presented to q court
There are questions Of accounts, particularly
In SUGGESTIONS, there are questions Of practice
and teehnicality, there are questions of re-
conventional demands, and q thousand other
such issues in regard to which two judges oil
an appellate court might essentially differ, as
between themselves, and yet be more mate.
rally at variance with the district judge
, In such cases the failure OF the two circuit
, judges to concur ought not to operate tbs
affirmation Of the Judgment Of the inferior
, court. The provision carries too far the prin
cple that public policy requires an end O
/ litigation even at the expense of equal justice
Article 46 Of the report introduces two mos
important innovations, to wit: The substitu
tion of salaries In place Of fees for clerks ant
+ sheriffs and taxing Of suits in proportion t.
t the sums involved. By this article the sums
J realized from taxes or suits are first applied
l to the payment of the salaries of clerks ant
sheriffs these officials being required to &C
t count for the excess over and above their sal
aries.
Again, we find that no provision Is mad
for the payment OF justices OF the peace. |
Is not specified whether they shall receiv
salaries or fees
In the arrangement Of the courts in New
: Orleans the most important innovation o.
the present system is the establishment OF
single district court Of civil Jurisdiction. |
Is to be composed Of five judges, among whom
, all suits are to be distributed by allotment
each Judge to- retain exclusive control owe
every cause assigned to him from its incep
ton to its final determination
The result aimed at by this arrange
ment is the prevention of conflic
!, Of Jurisdiction and authority between
the several judges, who are under th
existing system, judges Of separate courts
The ultimate result will be to consign all case
of certain character to a certain Judge
succession cases to one, commercial cases t
another, cases involving mortgages and title
to another, and so on.
In regard to article 90 there will doubles
be some discussion. Whether deposits, sue
: as tenders of payment sequestered none
i and personal property, garnishments, etc
i ought to be entrusted, by legal compulsio1
r to the precarous solvency OF banks, whic
: are not regulated by State laws, is yer
: serious question.
. Taken all in all, we do not think the repol
e will strike the people of the State and cit
n | favorabIV.