The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-02-19
CONSTITUTIONAL AMENDMENTS,
THE JUDICIARY.
NO. II.
To the Editor OF the Democrat: :

To the Editor OF the Democrat:
In my last communication I stated that one
Of the greatest evils OF the present judiciary
system was the delay in determining cases,
resulting from the inability OF the Supreme
Court to perform all the duties assigned to it,
and suggested, as q remedy for the present
difficulty, the creation OF temporary addi-
tional court to dispose of the large number of
cases already accumulated. This has been
successfully done in other States. The Legis-
lature might be vested with power to create
such courts from time to time, when the accu-
mutation OF business made this remedy neces-
sary
The best permanent remedy, however,
would be either to create two appellate
courts, or to decrease the work of the one Su-
preme Court by limiting the business of the
court to decisions OF questions of law only.
The first OF these plans, the creation of an
additional permanent appellate court, Is
practicable and not too expensive. 1t might
be made to consist OF three judges, to decide
criminal cases and suits In which State and
city have an interest-also, perhaps, probate
cases. This would sufficirntly relieve the
Supreme Court and enable 1t to keep up with
it's business The result would be that cases
could be finally determined III few months
In place of as now, several years, and the re-
care, and decisions rendered that would be
satisfactory to litigants and credtable to the
court.
The other remedy, sometimes suggested,
OF rendering decisions OF Inferior courts final
ON questions of fact-the practice prevailing
in other States and In United States courts
and preferred by lawyers OF common law ed
ucation, is undesirable, while our juries are
constituted OF mixed material Indeed, we
can conceive of no system fraught with more
danger than to leave to jurieS the final deci-
SonS OF cases on questions OF fact, while
those jurieS are mainly composed Of Hitter
ate, incompetent and frequently corrupt men.
In Great Britain, where jurles decide the
facts, they are composed Of the best men OF
the vicinage. The jury laws, it is true, might
be changed; indeed, should be changed so as
to require an educational test.
On the whole, our people, by habit and educa-
tion, have been led to prefer appeals OF the
whole case to the Supreme Court, and there,
fore the remedy first suggested, OF an adj
ditional appellate tribunal, would be the
most acceptable plan for the relief If the
Supreme Court and for facilitating the trial OF
cases.
The question of costs of litigation is not
too unimportant for place In the organic
law This expense has grown to be a mon
strOuS abuse and requires heroic treatment.
The remedy can be found In providing that
clerks and sheriff 3 costs shall in no case ex-
eeed q fixed percentage OF the amount in
volved In litigation Under existing laws no
tween cases involving small sums and those
involving large sums. The cost is the same
for suit OF $1,000 as for one for 800. This Is
essentially wrong and works Injustice to the
poorer classes OF our people. Remedies for
their wrongs are frequently bey ond their
reach. There Is not much in the district court
system OF which we can justly complain. /
stated In my first communication that two
changes are imperatively demanded. First,
the appointment of the judges by the Cover
| nor, with the consent Of the Senate as was
done In Louisiana from 1872 to 1845; and, sec
ond, extending the term Of office To ten or fif-
teen years. Under the English system and
the American system with the Federal jul
dietary, the term Is for life. The judges
should be not less than thirty years old and
have been In practice at least five years.
The laws most liable to abuse under the ex-
listing constitution are those relating to JUS
tices OF the peace. AS these courts dispose OF
cases involving small amounts In money or
property, they are appealed to usual y by
the labOring classes, and any injustice In the
working OF the system is severely felt by
people to whom small sums are important.
AS at present constituted, the charges for
remedies In these minor courts are excessive
and subject to great abuse.
Not unfrequently the result of protracted
litigation is the sale of the effects Of unfortu-
nate debtors to realizt not more than enough
to pay court and constable costs. The remedy
would be fixed salaries to both sets of officers
with limitation of costs in no case to exceed
In the litigation.
The changes and remedies I suggest may
be summarized as follows:
First-The appointment Of judges In place
of their election.
Second The term OF office of judges Of Su-
preme Court to be extended to not less than
twenty years; OF district judges to not less
than ten or fifteen years
Third-The creation of an additional appel
late court to try certain classes OF cases. and
thus to relieve the Supreme Court OF surplus
business.
Fourth-Adoption by the constitution of a
system permanently reducing rate OF costs OF
litigation.
Educational test for jurors.
Sixth-Remodeling OF the whole justice OF
peace system so as to give the poorer classes
cheap and easy remedies for minor wrongs.
With these changes | believe the judiciary
system of Louisiana will work satisfactorily
to bench, bar and the people, and be- as It
was in the days of Chief Justice Martin,
model Of learning wisdom and integrity.