The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-04-16
THE JUDICIARY.
F,etter Tram Il New orleans Desesaie W
the Convention.


the convention.
NEW ORLEANS. April 10, 1872
To the Editor OF the Democrat
Awaiting myself of the invitation addressed
Ia the hubble for suggestions relating to our
Future constitution. / beg leave TO submit,
through your columns, TO my brother dele
eates. and TO the general public, the &C
Commanding proiet, for the general provisions
governing the judiciary and the organization
If arpellate tribunals. Taken In connection
xpith the recommendations Of the committee
NJ The bar, it may be of some assistance In the
formation of coed judicial system for the
stata The present order Of things In this
,-arard certainly works most enthusiastically
rThe CRYING evils Of the present system are
rrotracted delay and enormous expense TO
l,tiaapts. The system suggested would GER
tainly secure rapidity of trial, and lay a foun-
dation FOR litigation, which would largely cur
tail aynense All the same time, the remedy of
anneal would not be restricted to amounts SO
largo IA to limit its usefulness to the richer
Glasses The curtailment of the number OF
chief clerks for this parish and the receipts
nv the state OF the profits those officers now
receive. or a portinn OF them, would furnish
.e,ob revenue to the State as to more than
nav The legal expenses of this parish, and Of
fhe sppelate tribunals OF the whole
state. The long tenure and fair
salarv would secure to the bench
tha services of our best attorneys, men in
whose hands the community might conf
IDENTIFY entrust their lives and property. The
summary remedy and severe penalties against
,,surpations and iagrant violations Of law
would secure the people from careless or
malicious action in unappealable causes. The
system of impeachment has been carefully
considered, and Is suggested with view TO
seenre speedy removal of corrupt, disconr-
focus. immoral OF incorporate Judges, at the
same time that the Judges are themselves
protected from hasty action or malicious
prosecution. Under these provisions the
judiciary will be obliged to maintain Itself
with the utmost propriety and honesty.
There could be under such system no
Durells. Hawkinses or Lynehes continued
anon the bench, despite their Objectionable
character. /
The salaries allowed the judges are such
as to enable them to live comfortably, to
maintain their families, and educate their
children according to their station during
their service, and the provision for pension
will encourage them to perseverance, know
ing that they will not, in old age and decrepi-
tude. find themselves helpless and dependent
while In fact the State will be at no great
charge, for comparatively few will outlive the
long term fixed for service BY such pro
visions only can men OF industry and finest
ability, and Of known integrity, beinduced "
surrender into the hands OF Others the lucra
tive practice which the qualities needed for
good, reliable Judge can always command
The provision requiring judicial record \
suggested with view to secure a safe ant
interchangeable system for permanent record Q
all judicial proceedings. Any one at al
familiar with the horrible confusion OF Judi
cial records all over the State, will apprecat
the advantages Of making this proviso
compulsory and permanent.
Very respectfully,
FRANK MottLoIN.
Delegate from Thirteenth Representative
District.
p. ST. have been indebted to Hon
T. w. Collens, Hon. b. +. Elliott and othe
gentlemen Of the bar, for important sugges
lions towards the formation of the abov
.proiet.
ART. The Judicial power shall be vested
Exclusively In a supreme court, a court q
appeals, district courts, and justices of The
peace. No judicial functions shall be eSer
cised by any other officer. person or body
except as committing magistrates. The lie
gislature shall enact laws Furnishing usur
patton of judicial functions, and fixing
penalty as damages. in favor OF the party o
n.f
lions are exercised. Such laws, once passed
shall not be repealed or amended. No Judi
.eial position shall be occupied by any persol
who Is not of good moral character, and VIII
license to practice, from the Supreme Cour
of the State.
ART -. The Supreme Court shall consist D
one chief justice and four associate judges, a
least two of whom shall be residents AM
voters of the city of New Orleans. The chic
Justice shall receive a salary Of $4,000. and tn
associate justices each $500 per annum, pay
.shle quarterly, upon their own warrants Tn
first bench appointed after the adoption 4
fhis constitution shall select one of their nun
her as chief justice. Upon the occurrence 9
vacancies thereafter the justices remaining
of those originally appointed shall select on
of their own number as chief justice unit
such number be exhausted. Thereafter eac
Justice shall succeed to such position az
cording to priority In date Of commissions
The said chief justice and associate justice
shall be men Of good moral character, Ct ieas
thirty-fiye years OF age, learned IN the ltN
and who shall have practiced In this State 10
at least twelve consecutive years just preyio 'I
to appointment. They shall be citizens an
voters of the State Of Louisiana.
ART - The Supreme Court shall have ap
pellate jurisdiction upon questions OF Law
only. In criminal matters its jurisdictio
shall extend exclusively to all cases wher
the penalty imposed, or fixed by law, Is deaf
or Imprisonment at hard labor or hne {
$500 or more. In civil causes Its jurisdictio
shall extend To all cases where the amount J
dispute, or to he distributed, Is $1,000 or more
exclusive Of interest or costs. 1t shall hay
jurisdiction Ia all eases where the constitu
tionalty. of any tax, toll, impost or ass ss
ment Of any nature or Of any fin
or penalty Is in question, this iuris
dlction TO extend solely to the questio
OF constitutionaIity, and to be exercise
only upon affidavit of appellant, that tn
only and bona .Ftde object of the appeal is t
test said question. A majority Of said coul
shall be competent to decide finally all causes
Any vacancy shall be filled within three week
after its occurrence.
ART The Court of Apneals shall cnnsis