St. Landry democrat., 1879-07-12
The Convention and the Judi
ciary.

About the only remaining question Oh
Importance for the convention to pass
upon, is the judiciary OF the State.
When the convention reaches this all
important subject, we suppose the t'rSt
question to be decided will be this ::
shall the judiciary be elective or shall
it be appontive?
This is a Democratiyc government; );
the " voice of the people is the voice or
Gol:n every attempt to take power
from the people and place 1t III the
hands of any one man or any select
hody of men is an invasion OF the rights
Inherent in the people, is undemo-
cratic and opposed to the instincts and
traditions of the Democratic party, and
will hence receive our unqualtcd re-
probation. The people are supreme :;
ond if the convention sees fit to deprive
them of the power to elect any OF their
officers. it should wrest from them the
r;oht of plecting all, We have always
been opposed to the one man power.
If such men as Frank Nichols could
always occupy the executive mansion
we would make no objections to his
having power conferred Oh him to ap-
point all officers, because we KNOW HIM
to be an honest man, Il patriot and not il
partizan politician. TO HIM we are
indebted for o,lr present Supreme Court,
comDosed alike OF the pnreSt, the ablest,
the best Judges that have adorned our
judicial history. But at the same time
we should not be ohliyious to the fact,
that under the appointing power. the
predecessors of the present Judges, were
the most cringing tools (save one hon
orab]e exccDtion) to the master that
appointed them, that ever dlsglnced the
judicial annals of any civilized country.
Gov. Nichols may go ont of office very
soon. His successor may be a second
Warmoth or Kellogg, and on him may
deyolyc the selection Of our judges, and
then We may see the present bench
supplanted by a second Ludeling Court,
who in every political question that
comes before it, will give us repetition
of the decisions of 1874 and 1879.
The majority Of the oppoQents to the
elective judiciary system are afraid to
trust the people. They doubt their
capacity for self-governInent, and thus
are guilty of heresy 20 the doctrines OF
Thomas jefferson, the father OF the
Democratic party. Their main argu
ment is eve shall never have an indie
pendent Judiciary as long as it is cleo
tive" This is specious argument. 1t
has no foundation in fact, and is intended
merely to cover distrust Of the sovcr-
eign people-for self government by its
authors.
To all such arguments we answer,
under the elective system. Of the con-
stitution of 1852, we had the Merr:ck
Court under the appointiye system OF
1864 the Hyman Court; under a con-
tjnnatOn of the appointiye system, I'M
der the constitution of 1868, we had for
nine years, the Ludeling Court, and
that we now have the Manning Court,
is not due to the appointige system OF
principle at all, but to the fact that We
have for Governor q pure man and a
patriot. When we get rid of the present
Governor we may get lid Of the present
Court. A corrupt or partizan GOyeiaOr
may succeed to office and tlsen look out
for corrupt and partizan Court. To
oe,+ an independent judiciary is az easy
matter Adopt in the organic lay q
high standard of qualification, make
the judges removable 10y address or in-
parchment, pay them a liberal sl 'ary'
not in Auditors warrants, but in money,
and then elect them during good be-
havior or for long term Of years.
This will secure all the independence
needed. Will give us an able and an
efficient judiciary, and at the same time
not rob the people Of any of their inner
emf rights of self-government. Hence
we say, gentlemen of the convention,
give us an elective judiciary from A to
4; from cliefjustice TO ward magistrate.
If we are Democratic government, let
us not by any means ignore Democratic
principles or Democratic usages in any
respect.
Quite riot occurred recently at CAL
tabiano, Sicily, on account of "a new
tax levied on hens" In the fight be-
tween the police and the rioters, eigh-
teen persons were killed and upward
of sixty wounded. "The rioters were
scattered about the country, and feared
to return to the village, whilst the crops
suffered for want of hands to gather
them in" Hens must be of great impor-
tance in Sicily, when mob law is resor-
ted to on their account.
Lotteries.
The following is the article adopted
by the constitutional convention, on the
subject of lotteries: r.. t.... ..--.