The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-05-11
THE NEW JUDICIARY.

rival to that plan which we attempted to ese
plain Iii Our last two numbers
II consists of d Judge fnt each palihh. who
shall have exclusive probate arid 4 ilMttea
criminal and civil jurisdiction. Ai,d LARGE alas
tricts for the courts next In order
1t Is conceded that II parish o6H,ta hit, tlHs
constituted. there iuust III neeeaaltr ha sN
intermediates court. M now. IhentiytnatBa IL
economy dismiss this arrangement tr,sa pt.s,s
sideratinn, because II will require the sa.sa
number Of parish Judges AZ now. anil apHtlt
rs many district Judges,
In balancing the merits and letpeta ~ the
two plans. we may iHe tlte quaint anil ha.aeit
words OF Mr. Lincoln, who did mol dlptlHlh ~
Insert them Iii mesaasa u Cunatana. "ihe
occasion IL piled hlah with diit,aaltleah
There is no escape from t,e objection IN the
score OF economy, except by teveftlha III an,ie
sort To the plan. oncs tried III ihla State. ~
eumulatinH several anea III tho neiaot af
the parish Judge. Hence II Ii suggested That
he shall he Nh NJ ofieto recorder, III the idaH
that hia salary ns Judge and hla fees na
recorder will together sn,n up sufficient
amount tn secure nh efficient lawyer to
accept the place, for, be II observed the
experiment Of putting men unlearned Ia the
law Oh bench that has 10 interpret and
apply our succession laws will scarcely be
| tried again.
| The parish courts Of this plan would have
Jurisdiction Of civil suits up to given sum.
and criminal jurisdiction of the minor Of
lenses, the trials Of which must therefore be
without jury. And here ID the stumbling
block with many.
we had supposed that the trial Of ell
offenses must b. by q jury, under the man
date Of the United States constitution, but q
lawyer at our elbow informs us that that
mandate does not bind the State courts, and
1t is daily occurrence that persons accused
OF misdemeanors waive trial by Jury.
Unless the criminal jurisdiction Of the par
lsh courts can be exercised without jury
trial one OF the great advantages OF the pro-
posed system will be entirely lost.
| One OF the most pressing needs OF the time
is the speedy administration Of the criminal
law, and for all minor offenses tribunal
should be formed that can try offenders i'm
mediately, and follow the commission Of
crime by Its quick punishment.
The people Of the State groan under the
enormous burden Of expenses OF criminal
| prosecutions.
In many Of the parishes $4,000 is annually
expended for this purpose, and 1t is said
that an average OF $4,000 for each parish 10
not too high an estimate Of the sums appro-
priated by the police iuries every year for
criminal expenses alone: adding the expenses
| for like purposes In the city, the sum total
approximate a third Of million of dollars
annually.
| No State can endure such burdens, and
| some means should be framed to re-
! lfeve the people III this respect; but 1t is
| claimed that an Indispensable preliminary to
making any means effective, is to hasten the
| trial OF those offenders that can be and ought
| to be made triable without jury II the
plan Of @ judge for each parish would assist
| In accomplishing that result, 1t will find many
advocates. But 1t ID urged that district
court is Indispensable, II the parish court has
all probate business, and even the most re-
stricted civil and criminal Jurisdiction, and
thus the large districts are coroiiary Of the
proposition for parish courts.
| Members Of the Convention who have
| served In the Legislature and who are famil-
lar with the subject, think that outside OF this
| city the State might be divided into ten dis
tricts. We do not doubt they can demonstrate
1t; even SO late as 1870 there were only thir-
teen judicial districts In the State, New Or
leans being the first, and all the country par
lshes forming but twelve; and with large dis
trfcts which require much travelling. long alb
sences from home and consequent increased
expense. 1t may be doubted whether the sal
airy can be reduced much below Its present
amount.
There Is one feature which, If 1t could be in
PRODUCED would be productive OF incaIeulable
good, and that Is to require the judges to hold
| their courts In the districts In rotation, or in
other words to abrogate the local feature
Now each district has Its own Judge, who
holds court there and nowhere else. II 1t were
prohibited for any Judge to hold court III the
same district two successive terms, and thus
compel him to go out of his local habitation
| and preside In districts removed from It, 1t
would remove him from influences that are
| sometimes visible and often powerful
The constitution would not, In that case,
provide that every one should be entitled to be
tried by his own judge, and would not have
q Judge OF the tenth, or the fourteenth. or any
other numbered district. but all Of them would
be district judges of the State and the manner
and order Of rotation could be established In q
simple way.
| There are few lawyers and sutors who have
not had reason TO deplore that the Judge who
| was trying, or had tried q particular case,
was o resident Of the place where the trial
was had, and 1t would have been an inestlm-
able boon to their client, If he had had Judge,
a man who was wholly disconnected with the
community, q stranger to all the parties, and
| who had no approaching election to provide
| for, or sails to trim to meet the exigencies
which such an event evoked.