The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-05-26
THE JUDICIARY.

East Carroll Parish. May 40. 1879. !
To the Editor OF the Democrat:
infer from the proceedings OF the Oonven
tton decided disposition to adopt plan
advocated In a recent communication to the
DEMOCRAT on the subject of the Judiciary
viz: A resident Judge for every parish out o.
New Orleans, with the exception OF few
parishes. as Indicated In said comm unieation
can't see how judiciary system could bs
successfully adapted to the country parishes
land l write with reference to the country
parishes) on any other plan. AS to the courts
or system OF courts, for the city Of New Or
leans, think the city bar and citizens only
should be heard In Its arrangement, and vice
persG. l claim that the country bar and peo.
pie should be permitted to establish inferior
courts OF the parishes to suit their own views
In reference to present and constantly arising
circumstances | think that the general law
OF the fitness OF things goes to establish this,
to my mind, very important consideration
But now, as to the Supreme Court, alike o.
the country and city. My own plan was
to relieve the Supreme Court oi
It's present heavy burden OF untriel
cases by SO modifying the provisions
OF the present court, that In all sums claimed
|sthe case on points OF Law, only; and In ali
suits involving sums appealable under $1,000
the court should review the evidence as II
now does by appeal My reason for this dis
tinction is, that suits for sums larger thar
$1,000 are generally founded on written or doc
umentary evidence, and Judgment by the
court is not difficult to arrive at. Whereas
suits In smaller cases are generally support
ed by parol testimony, and that frequently
contradictory, so that a judgment by the
S,ftf fShr hxy ht, and tc
roneous, and justice would seem to demand
In such cases that the higher court should
have review OF both the facts and the law.
was OF opinion, and am still, that such q
modification Of the practice. Of the Supreme
rid that court OF the great number OF cases
now lying over to be tried, and would there
fore obvlate the necessity Of, what greatly
dread, the establishment Of double or treble
supreme courts which are now being agitated
t1on and other parties. But IL q
Supreme Court or courts should
be deemed absolutely " " necessary
to be interposed between the District Courts
the establishment of Circuit Courts, to be
constituted by the district judges OF each
district, as seems now to be leading idea
would be far preferable much more simple
In Its operations, less expensive, and, am
satisfied, would be much more satisfactory to
OF two or three Supreme Courts, or what ID
| about the same thing, one Supreme Court
with two or three sections to 1t. The fact Is,
have read several plans" for judiciary
| system, proposed In The DEMOCRAT which
1t seemed TO me, would require larger
amount of legal knowledge 70, understand
| the courts to be established under the plans
| than the laws to be administered by the
courts.
| Upon the whole, In my humble opinion
| under profound submission to the maturee
| judgment of the Convention, no intermediate
court or courts are necessary (under the mod
| ification Of the Supreme Court herein above
Indicated, to the full, speedy and effective
administration Of the law. Nor, In my opin
ion, does our judiciary system require very
much changing to make 1t all 1t needs to bt
made; but that changing or changes shoule
| be made after mature consideration; and with
the strictest adaptation. But II the Convsn-
| ton be Of opinion that such courts are neces
sary then | urge, by all means, give us the
circuit courts and preserve the Supreme
Court intact, as abundently sufficient in abil
ity and labors for the adjudication OF al
business which the other courts may sent
| to 1t.
| Let simplicity of administration, effective
ness and economy be the leading features o
any Judiciary system the Convention may
adopt. ..s@. LEGIS.