The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1879-04-16
ORGANIZATION OF THE JUDICl-
AIRY.

tion will adopt is very uncertain, II
we are to judge from the great con-
trariety of opinions expressed on the
subject by our exchanges. Evidently
this is one of the most important
problems to be handled by the Con-
yention, the solution of which will
require great care and deliberation.
That reforms are needed in this CO
ordinate branch of the government,
is admitted by all, but the method to
be pursued is not free from Difficult
ties. In discussing the question
with some of our ablest attorneys,
we have come to the conclusion that
the system proposed in the late Con
stitutional Amendments of 1878,
presents many commendable feat
ures, and we doubt if the Conven-
ton will be able to improve much on
them. What we desire is an able,
efficient and independent Judiciary,
with a tenure of Office, and salary
sufficient to make the position &C.
ceptable to our best and ablest law
yers. The term of office should not
be less than ten years, and the salary
sufficient to give the judge a decent
living with something to retire on.
Judges, by all means, should be
elected, and we doubt very much if
the people would ever be willing to
surrender the right so long exercised,
of electing those who shall admins
ter their laws.
The District system is, in the
opinion of most of our lawyers and
people, the best adapted to our wants.
The Districts should not be so large
that the Judge can not conveniently
hold four terms of the court for the
transaction of all business, civil and
criminal, in each Parish of his Dis
trict during the year. The Judge
should be practitioner of law, ofat
least seven or eight years standing,
and of course should reside in his
District at least four years before he
is eligible. The District Judges
should be grouped into Circuit
Courts, with appellate jurisdiction
in all sums exceeding one hundred
and not exceeding two thousand dbl
lars. They should hold their ses-
sions three times year, in their cir
cult, at such time and place as may
be provided by law. An appeal
should lie direct from the Circuit
Courts to the Supreme Court, on
questions of law only, when the
amount in dispute exceeds Eve hun
dred dollars. The Supreme Court
should remain as now constituted,
with appellate jurisdiction direct
from the District Court, in all sums
that exceed fifteen hundred dollars,
and such criminal jurisdiction as the
Legislature may confer.
The Supreme Court should be ap
pointed for life or during good beha.
vior. This would undoubtedly be
the most economical method tina.
could be advised, and at the same
time insure speedy decisions of all
litigations. The delay now in the
dispatch of business is not in the
District or Parish Courts. Appeals
are made returnable only once year,
and we are informed that the present
Supreme Court is two years behind
with their business from New Or.
leans. With the adoption of the plan
indicated, all cases could be tried in
the court of original jurisdiction and
be reversed by the appellate courts
In less than six months.
The only objection that has been
urged to the District system is, that
the clerk, who is not learned in the
law, will be invested with certain
Judicial powers which are liable to
abuse. This need not be. The writ
Of injunction, of all the conservatory
writs, is the one most complained Of,
but this the Judge can grant. Only
such powers could be conferred on the
Clerk, as would not be subject to
abuse, in other words the law leaves
anything to the discretion Of the
Judge, in granting writs or orders,
fixing bonds or dissolving the same,
let the Judge alone be authorized to
perform the duty. This system will
give nine months labor to the judges
during the year, and will secure q
prompt dispatch of all kinds of cases.
Another important feature is, that
in several Parishes of the State there
are no lawyers, and if the Parish
Judge system was adopted, material
would have to be imported to fill the
u