The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-02-16
CONSTITUTIONAL AMENDMENTS
THE JUDICIARY
TO the Editor OF lie Democrat.

| To tho Editor oil tlae Democrat,
/ Atyour reanest propose to offer briefly n few
suggestions rs 10 needed amendments to tina
part ol the constitution relating to the iudcinri
department. No part Of The organic law Of the
State II more defective, though perhaps the
iaufs are NOT 80 obvious. Certainly no portion
| 81 the constitution more directly affects The In.
terest 81 every citizen than that relating to he
courts. Il hes been wisely said by q very greai
lawyer TINT the judiciary power interfares
more viHihly and uniformly than any other
paft Of the government with NIL the interesting
concerns on social life Personal security and
| private property rest entirely upon the wisdom
The stability and the integrity Of courts Of jus
/ ticer
| The defects OF The judiciary system I'm Lon
isana result IN vexatlous delays excessive
costs and unoeriaintg IN litigation. Few suits
involving sums exceeding five hundred dol
lars, appealed TO the Supreme Court are de-
termiRed In less han three years. The delay
Ia advantageous to the dishonest debtor and
often ruinous 70 the honest IitiRant. Nssz 1ss
Much Of this source OF DISQUALIFICATION II
attributable to three things: Tho election of
The Judges, the short term OF office and the
| failure to provide appropriate machinery for
| the proper trial Of appealed cases.
The fret requisite for pure and able Judi
| oiary Ia a system which will procure for tho
Bench the beet men from the Bar. For that
purpose no plan could be devised more unfor-
tunate than that which now exists. II Ia sur
prising that the courts should be as good az we
fad them. but with come honorable exceptions
they fall short Of former standards In this
State. and considering Its Importance far short
Of what they should be. Under the present
constitution. with the annoyances connected
with nominations and niece ssitv for alentionear-
Ing and the short terms OF office. II Ii often I'm
possible to get leading lawyers, men or ability
to accept nominations for julgeahlus The
practice Of the average lawer pays better and
what 10 Of much more Importance, Ia generally
permanent. while iudgnahip not only offers
psor pecuniarv eompnA1atiYn. but at the end
office or business. Hence the advantage Of n
life term. or ut least term Of many years. We
rarely 90 now IN our district courts such men
as Buchanan. Kennedy and Len. nor on tho
Supreme Bench Judge, like Martin. Eustia. |
Porter and Rust
The principal cause Of this unfortunate
change In the material results from The change |
In mode u selection and term Of retention.
ugres we.a e peaeed op p t and Not 70 's ne
supreme COURT Judges. were Appointed by the |
Governor, with the consent of the Senata. Un. |
der the cons tttil Ion Of 1919. which existed with
out amendment to 1916 the decisions of the Bu-
preme Court Of Louisiana ware regarded AZ /
among the very Hhlest IN tho Union. OhaBcel.
Tor Kent, In etter written In 1871. TO the late
Gustavus Schmidt Of this city Justly said: II I
always read the Louiaiana reports m fact M
they appear and consider hem the oct learned
aud interesting decisions IN The United Mdfes"
such u compliment, to the results nfHhe old Hya-
tenn. from 50 high source, should not be- dis
regarded.
The conclusion Ia that from 1919 to islb we
Eried one aystem THAT produced the most bene-
Total rasuts. From 1915 we have oxpermented
IN different Ian and have met with mortifv-
Ing and disastrous failures. II experience
caches anything. we ought by this time In this
matter to have learned y very valuable lesson
II public sen iment Ia adverse to u life tenu q
u judicial office. let US ut lenst make the term
long.
The greatest cause Of delay and costs and IN
certainty In The administration of the law re-
,ulis from defective ate machinery.
he gIe Cor decide
10th fact and law. that tribunal IL unable to do
he work required OF It, In spite Of the indus
~ OF the present court It Ia obvinu that they do
lot make any decided progress In their efforts
o decrease the mass Of work that has been ae- i
umulating for years. The cases we ARE to d.
ire three years In arrear. For this evil there
ire two obvious remedies. |
.First-That adopted by the State OF New York. +
i creating y temporary appellate tribunal TO ]
dispose Of back business. and to that extent to
elievs the present court. and by giving to the !
legislature power to create such courts here
Iftef when an emergency demands 1t.
Second II IL imperatively necessary that the
supreme Court should ba permanently relieved {
4 = good deal Of the work now. required Of 1t. d
his would produce dispatch In business, and ,
y enabling the Judges to prepare their decls-
ons with care, would prevent uncertainty In tho
Of principles and often actual in 4
lstice to litigants.
How this may be best done. presents questions
I some difficulty. upon which. 1t must be CON
eased able men appear to differ.
propose to continue this subject In q future
LEO
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