The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-04-13
NEW ORLEANS BAR ASSOCIATION.
MEETING OF THE ASSOCIATION IN THE
sIxTM DISTRICT COURTROOM.

The Committees ON Judiciary md SUBJ
Committees Present Exhaustive and
Interesting Heperts and the Meeting
Adjourned Until tuesday Next in the
auprs me CauFt. Room
An adjourned meeting OF the Association of
the Bar OF New Orleans was held Yesterday
at IL O'Clock In the Sixth District Courtroom
for the purpose OF hearing the reports of the
committee of nine appointed at the last meet
ing to CRAFT series Of suggestions to the
coming convention relative to changes In our
judiciary system.
The meeting was called to order by Hon.
John Fimney, chairman.
In the absence OF the secretary, Mr.. Nor
gan, the chair appointed j. Ward Gueray. Jr,
secretary pro TEN.
Judge Merrick, chairman on the judiciary
committee, read the following report:
The committee to whom was referred the
preparation OF a "project OF the reforms
needed In our judiciary system, have had
the matter under consideration and ask
leave TO report.
The matter submitted to them IS one OF
great difficulty and delcaey, as they are not
well advised OF the wants OF the country
parishes and they have reason to think that
the members OF the convention will study
economy in every department OF the govern
ment. This view has prevented the consider
alton of some projects which the committee
think (aside from their expense} might work
well In practice.
The committee has been divided into three
subcommittee, viz: on the Supreme Court, on
the district courts and the Inferior courts, who
have reported to the COMMITTEES. and their
work has been approved. With the hope
of devising some project which may meet
the views of the convention and relieve the
crowded state of our docket, some other
project, besides those adopted by this COM
mittee. have heen proposed as minority re-
ports. The committee ask leave that the
chairman OF each subcommittee be permit
ted to read their reports.
Judge Kennard. chairman OF the sub-com-
mittee OF the Supreme Court, read the follow
ing report:
REPORT or THE SUB COMMITTEE or THREE
To the Bar Association Of New Orleans as to
new constitutional provisions with refer
senee to the Supreme Court:
ART. 49, The judicial power shall be vested
In Supreme Court, in district courts and
such other inferior courts as the General
Assembly may ordain and establish, except
as the powers of the General Assembly may
hereinafter, in this constitution, be specially
restricted
ART. IA. The Supreme Court, except in
| cases hereinafter provided, shall have appel
extend to all cases wherein the matter in dis
pute shall exceed the sum OF $500, to all cases
wherein the right, title or interest In or to
property-real or personal, or funds, OF more
/ than S Is brought In question, although a
claim for O less amount Is sought to be en-
forced against said property or fluids; to all
| questions Of alimony, where the alimony ex-
eeeds s. per annum; to all cases Of divorce
and separation OF bed and board and ques-
tions OF status Of persons; and to al cases In
which the constitutionality or legality OF any
| tax, toll or impost OF any kind or nature
| whatsoever, or any fine, forfeiture or penalty
| imposed by a municipal corporation. shall be
In condensation, whatever may be the amount
| thereof land In such cases the appeal shall be
direct from the court In which the case origi-
mated, to the Supreme Court; and in criminal
cases, on questions OF law only.
/ Whenever the punishment Of death, or i'm
prsonment at hard labor or fine exceeding
5000 is actually imposed, and in the event
by the records, the accused shall have the
right to have such facts stated In his bills OF
exception as shall be sufficient to disclose the
Questions Of law, for the consideration of the
Supreme Court
ART. rs. The Supreme Court shall be COM
posed of ohe thisf justice and i've associate
justices, to be appointed by the Governor
with the consent OF majority OF all the
members elected to the Senate. The terms
OF office shall be during good behavior. The
salary OF the chief justice she'll be s., and
that OF the associates $, payable monthly
upon their own warrants on the Treasurer.
/ The salaries shall neither be increased nor
diminished during their terms OF Office. They
shall be citizens OF the State, and shalt have
practised law in Louisiana five years next
preceding their appointment or have ser7ed
the same length OF time as district Judge.
| The court shall appoint its own clerk and re-
porter and may remove them at pleasure.
| ART rs. The Supreme Court shall. imme-
f1S oknlry
stitution, be subdivided into two sections Of
three judges each, to be known as Section No.
and section No. 2, such division to continue
| until the General Assembly shall otherwise
provide. The chief justice shall preside over
Section No; /. and the associate Judge who
shall preside over Section No. 2 shall be desig-
mated by the Governor in his appointment.
The Governor shall also designate in his APP
pointments which justicesshall compose Sec
tioDs No. l and Sections No. Q, except as to
the chief justice.
ART. H. Section No. 1 shall hold its session
exclusively in New Orleans, from the third
Monday in October to the first day of July.
ART. rs. Section No. 2 shall sit In New Or
leans from the third Monday In October to
the first day in May, and in Monroe and
0pelousas during June and July. Two
judges shall be necessary to make q judge
ment in each section. Ii at any time one
section shall decide the same question in
manner different from previous decision OF
the other section, or shall override an adj
Judged case Of the previous courts, then an
Immediate rehearing upon the same record
shall be granted before the whole court COM
posed OF both sections sitting together.
ART 70. The Supreme Court and each OF
the judges thereof shall have power to issue
writs OF habeas corpus at the instance OF per-
sons In actual custody, and wrfss OF quo aoar-
ranto in cases where they hAve appellate jul
risdiction, and such other remedial and orig
iGal writs without reference to- the amount
in1olyed as may be necessary 10 give it q
general superintendent and controa over ell
inferior courts.
Article 7e to be article 81 and to read: NO
judgment OF the Supreme Court when sitting
together as whole shall be rendered unless
a majority Of the whole concur: No judg-
ment OF either section shall be rendered unless
eoncurred in by majority of the section.
Whenever majority of the whole court
when the whole court sits together, shall not
concur In consequence of the recusation of
one Or more members Of the court, the judges
not Reused shall have power TO call upon any