The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-04-17

NJ to $1,000 and over criminal offanses where
the punishment Is less than death or imprison-
! ment In the Penitentiary.
The Times is INCONSISTENT here-it should
have extended the jurisdiction OF these courts
down to one cent. Ii the appellate iurisdic-
ton Is to be turned topsy-turvey, 1t will de-
stroy the eternal fitness of things to leave the
original jurisdiction right side up. But this
triflng fault Is lost sight Of In contemplation
OF the phenomenal jurisdiction conferred upon
the justices OF the peace Justices OF the
peace with Jurisdiction In suits up to $1,000,
and "as at present" their courts not even be-
Ing courts of record, themselves not required
to be learned in the law, from one to four
in each ward Of the different parishes,
and deriving their pay from fees OF office
the bare thought is paralyziDg. Under the
present system the Jurisdiction Of the parish
courts is limited to suits involving but $500;
and yet it Is matter Of universal reproba-
tiOn that interests of such magnitude should
be left to the determination Of their nom
professional judges, while that justices should
have jurisdiction Of suits involving as much
as $1O0is regarded a disgrace to modern civil
ization and Louisiana Jurisprudence. While
every intelligent man in the State, both In the
city and country, is striving to devise some
plan by which these pestiferous courts can be
got rid OF entirely, the Times Is urging that
they be given ten times the Jurisdiction they
now have, and, therefore, ten times the power
they now possess OF outraging justice and the
law.
Then there Is the criminal jurisdiction,
which Is to extend to all crimes not punisha-
BILE by death or the Penitentiary. Does the
Times propose that each of these ward JUS
tees shall be empowered to summon Jury
and have sheriff? This power will have to
be given then unless the provision In the Fed
eral constitution guaranteeing trial by jury
be abrogated. M= zsa=-
8. There should be no power In justices
courts to grant injinctions or stay proceedings
In foreclosures or orders OF sale, even when
should rest alone with the parish courts or,
upon appeal. to the Supreme Court.
This is another novel idea In Jurisprudence,
that court authorized to pass final judy
ment cannot safely BIZ entrusted with the
power to make preliminary or interlocutory
orders, or to issue mere conservatory pro-
cesses. Again. how could the Supreme Court
But this Is enough of the Times court sys-
tenn, since the sole object OF this article Is to
convey to the unlearned public something
like a just conception OF the precise value of
the legal lore the Times has been Illuminating
in such wanton profusion, OF late, on the
questions Of contract rights and the iurisdic-
tion of Federal courts in suits by individuals
against States.
It is related OF old Thad Stevens that, on
certain occasion when he had lost a case and
was about leaving the courtroom in great
rage. the Judge, regarding his conduct az Of
fensive. stopped him and asked-"Do you
mean. Mr. Stevens, by your conduct to shoas
your contempt for this court?" "No, sirp
promptly replied the old savage, sit was my
purpose to conceal 1t" m.
We hope the Times will find nothing disre-
spectful In this article, and that it will not
deem it appropriate to liken us again unto
the Eatonswill press. z..=