The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-04-07
THE JUDICIARY sy .sYEn.

Judge L. b. Watkins. Of enaa sstvur natish,
AZ issued circular whe AN M anb,,,ita 4
judiciary system ZOE une State to the oonsid-
ration q the members vi the constitutional
invention. Accordin Ito this plan the gu
RENE Court is 70 rthsist of nine associate
ustices, each with i SALARY Of $4,000 yearly,
ne Of whom shall ksA chosen Chief Justice by
he whole humble J.. Five Of these Judges are
q be elected by the people. one TO be chosen
rom each III i've districts to be
liked by Jaw, and four are TO be
appointed oy the Governor, by and with
,he CONSENT Of the Senate Their tenure
shall be Tor mir .e years, but three are togo out
every three years. The jurisdiction OF the
court shall W appellate only and extend to oil
casee invol wing sums In excess OF &so0, and IN
criminal cases the appeal shall be only On
question Of law and where the penalty is
death, imprisonment ut hard labor or
tine exceeding $500. The jurisdiction Of the
courtsis to extend also to oil cases In which
the constitutionality or legality 81 any tax or
duty, or Of any fine, forfeiture OF penalty Inn
posed by q. municipal or political corporation
be In condensation. Every month the Judges
are TO be divided by lot, one-half to sit with
the Chief Justice and hear causes, while the
heard by them. The court shall sit In New
Orleans from the first Monday III November,
to the end OF the month Of July.
The clerk Of the court shall be
elected by the people Of the State.
For each parish except New Orleans, there
shall be one judge elected by the people
thereof, who must be- q lawyer Of two years
practice. His term shall be six years, and
his salary not less than $4,000 nor more than
$4,000 yearly. This court shall have original
jurisdiction In all cases, civil and criminal,
and shall remain III session from the second
Monday In October until the second Monday
lii July. Besides these courts, there shall be
Justices Of the peace. chosen BY the people Of
the parish, whose salaries shall be fixed by
law. and who shall have no civil Jurisdiction,
and only such criminal jurisdiction as shall
be conferred by law.
This Ii but an outline Of Judge Watkins
suggestions, which, however, are themselves
but loosely drawn and would have to be made
more definite In several particulars. The
system Ia certainly vast improvement on
the present one. and we are prepared to In
dorse Its most conspicuous features, resi-
dent judiciary with'a court In each parish, re-
qutred to be In continuous session during nine
months Of the year, and invested with origi-
nal jurisdiction In all cases, and the restric-
ton Of the Justices Of the peace to criminal
jurisdiction in cases Of misdemeanor and rs
committing magistrates, and the substitu-
tion OF salary In place OF fees for these
petty officials These are all admirable In
novations, and they will doubtless receive the
fullest consideration from the convention.
Yet we think that the system might be Inn
proved In several particulars. For ex-
ample, while we believe thoroughly
In resident judiciary and the
exclusion from the bench OF persons not
learned In the law, we do not think that as
much as $4,000 should be allowed to the judges
in number OF parishes, while In others they
should receive much more. It would be mani
fest injustice to pay the judges In such parishes
as Washington, Cameron or st. Helena, equal
salaries with those In Caddo st. Landry or
Ouachita. "A salary Of $500 would be
handsome compensation In the former, while
the Judges Of the latter would earn twice the
amount during the year, II the relative
amount Of work were to be considered. Yet
we think $2500 would be as much as should
be paid In any parish Or to any district Judge
In this city--that Is, II 1t be paid In cash
money, as II should be. iuster system
would be to graduate the salaries according
to the population Of the respective parishes
We think, also, that better justice Of the
peace system could be devised, by abolishing
the police jury and adopting a plan similar
to that Of the county justices which main
justices might be elected from each ward, but
by the people Of the whole parish, ana would,
besides performing the duties now entrusted
to the police jury, be invested with certain
judicial functions for the trial OF minor civil
and criminal cases, with authority to sum-
mon jury. Each one might be given, In his
Individual capacity the powers Of a CON-
mitting magistrate In his own ward. In con-
nection with this tribunal q system OF penal
servitude In the parishes and summary pun
fshments might be devised. These officials
should, OF course receive salaries, to be paid
by the parish.
With the extensive appellate Jurisdiction
conferred by Judge Watkins plan, nine
judges, divided In the manner proposed. |
would not be too many for the Supreme
Court. Yet, with better jury system, i'm
posing certain qualifications Of intelligence, |
IT might be found practicable not to increase
the number OF supreme judges, and to allow
appeals, from the city courts at least, only
upon questions Of law. In the consideration
Of facts the supreme Court always defers |
anyway, to the district court. and seldom
overrules the decision Of the lower courts ex-
cept upon the law, Really, the only province
Of the Supreme Court is to interpret ques-
lions OF law and establish precedent and au-
thority for the lower courts to be guided by.
OF course the city system OF courts must
be different from that for the country. Here
the justices OF the peace should be abolished
and one or two city courts, with certain civil |
and criminal jurisdiction corresnondinu RI