The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-04-20

The present system. let also the present sala-
ries be maintained But, Ii the new tenure OF
offiee-the tenure of office for life or during
good behavior-be adopted. then l say that
$4,000 for the Judges OF the Supreme Court,
$4,000 for the judges of the parish courts are
very handsome salaries, since they are
equivalent to an unfailing income OF a large
estate exempt from taxation.
offer no apology for presenting my plan.
think that when question Of such vital I'M
portance is about to be agitated In the State
convention, it is the duty of every citizen to
speak, especially when twenty-five years OF
experience as q lawyer eight Of which he has
spent on the bench) may give some weight TO
his remarks. Respectfully,
PAUL T.. THEARD.
The judiciary Department.
4 ARTICLE =. The judicial power shall be
vested in Supreme Court, IN parish courts.
in city courts and in municipal or recorders
courts,
ART =. The Supreme Court shall have ap-
pellate jurisdiction on questions of law only ::
First, in all civil cases when the matter In
dispute shall exceed $500; second, In all cases
In which the constltutionality or legality or
any tax, toll or impost Of any kind or nature
whatsoever. or any fine, forfeiture or penalty
imposed by a municipal corporation shall he
in condensation; third, in criminal cases..
whenever the punishment Of death or mpris-
onment at hard labor. or q fine exceeding $500
Is actually imposed.
ART. =. The Supreme Court shall be COM
posed of one chief justice and five associate
justices, three of whom shall constitute q
quorum. They shall receive salary Of $4,000
annually, payable on their own warrants.
They shall appoint their own clerks The
court may, for the hearing OF cases, divide it
| int, - ftr,o ,,Hp nunt,
sitting on alternate weeks, but no decision
shall be rendered without the concurrence Of
at least four judges. The chief justice shall
preside over one section, and the senior asso-
| cate Justice over the other. Whenever the
| ma jOrity cannot concur, in consequence OF
the recusation OF one or more members OF the
court, then the court shall call upon one or
more Of the parish judges to aid In determin-
ing the case; and when the judges shall be
equally divided In opinion, the Judgment ap-
pealed from shall stand affirmed.
/ ART. -. The Supreme Court shall hold It's
sessions in the city of New Orleans from the
first Monday in November to the end of May.
At the town OF Monroe its sessions shall COM
mence on the first Monday in June, and at the
town Of OpeIousas its sessions shall commence
on the first Monday in July. All appeals shall
be returned to the Supreme Court as now pro-
yided by law,
ART. =. For each parish of this State (the
parish Of Orleans excepted) there shall be one
parish court, to be known as the Parish Court
for the parish of -. Said court shall be
composed of one presiding Judge and two
associate judges, two of whom shall form q
quorum, and shall possess criminal, probate
and civil jurisdiction over all matters and over
all persons residing within said parish. They
shall decide finally both on questions of fact
and OF law in all causes where the sum In dis
pute does not exceed $500, and in all matters
exceeding that amount they shall decide
finally on the questions OF fact, reserving to
the party cast his right of appeal to the Su-
preme Court on the questions of law, as pro-
vided In the article treating of the Jurisdiction
OF the Supreme Court.
ART. =. For the parish OF Orleans there
shall be:
1. One court, with exclusive criminal iuris-
diction, to be known as the Criminal Court for
the parish Of Orleans, which court shall pos
sess the jurisdiction now. vested in the
Superior Criminal Court and the First Dis
trct Court for the parish of Orleans. Said
court shall be composed of one presiding
/ judge and two associate judges, two Of whom
shall constitute quorum, with an annual
salary Of $1,000 each, payable monthly by the
State. on their own warrants. The salaries
of the clerks and the other expenses of said
court shall be borne by the city OF New
| Orleans.
2. One court, with exclusive probate juris-
diction, to be known as the Probate Court for
the parish of Orleans; said court shall pos
sess the same Jurisdiction as is now vested in
the Second District Court for the parish of
Orleans.
8. Fourt courts, with exclusive and concur
rent civil jurisdiction in all matters where
the amount in dispute exceeds one hundred
dollars, exclusive OF interest, to be known as
the First, Second Third and Fourth Civil
Courts for the parish of Orleans, which
courts shall possess the same jurisdiction as
Is now vested in the Third except appel
late), Fourth Fifth and Sixth District Courts
for the parish Of Orleans
The aforesaid probate court and civil
courts shall each be composed OF one pre-
siding judge and two associate judges, two
of whom shall constitute quorum. They
shall decide finally on the facts and on the
law in cases not exceeding $500, and, above
that amount, they shall decide finally on the
facts, reserving to the party cast bis right of
appeal on the law, as specified in the article
treating OF the Jurisdiction OF the Supreme
Court,
A. Two city courts, with exclusive civil
jurisdiction in all matters where the amount
in dispute does not exceed 500, exclusive of
interest, to be known as the First and Second
City Courts fUr the parish Of 6Tfeans which
courts shall be composed OF one presiding
Judge and two associate judges, who shall
receive for their compensation the fees now
allowed to justices of the peace, and who
shall possess the same jurisdiction as is now
vested in the justices courts for the parish of
Orleans. The First City Court shall be
located above Canal street, and the Second
City Court below Canal street, but their jurs-
diction shall extend to all parts Of the parish
ART. -. No one shall be- appointed to the
bench unless he be a citizen of this State,
duly licensed attorney-at-law, and he possess,
besides, the following qualifications: The
judges Of the Supreme Court shall be at least
thirty years Of age, and shall have praeticed
law five years prior to their appointment;
the parish judges shall be at least twenty five
years of age, and shall have practiced law
two years prior to their appointment; the
city court judges shall be at least twenty-one
years OF age. No one above the age Of sixty
years complete shall be appointed to any
be filled by preference from the parish judges.
Vacancies in the parish courts for the parish
of Orleans shall be filled by preference from
the city court judges.
the Governor With the consent Of a
majority of the Senators present, and
shall remain in office during good be-
havior. They may be impeached for
crimes and misdemeanots; and for men