The Ouachita telegraph. [volume] (Monroe, La.) 1865-1889, 1879-04-18


board and questions of status of per- |
sons; and to all cases In which the con- !
stitutionality or legality of any tax,
toll or impost Of any kind or nature
whatsoever, or any fine, forfeiture or
penalty imposed by a municipal cor
poration, shall bic in condensation, what
ever may be the amount thereof, and 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 tho punishment of death,
or imprisonment at hard labor, or a
fine exceeding $500 is actually imposed,
do not otherwise appear by the rec
Ortis, the accused shall have the right
to have such facts stated in his bills of
exception as shall he sufficient to dis
close the questions of law, for the con-
sideration of the Supreme Court.
Art. IS. The Supreme Court shall
he composed of one chief justice and
five associate justices, to be appointed
by the Governor with the consent of a
majority of all the members elected to
the Senate. The terms of office shall
be during good behavior. The salary
of the chief justice shall be s., and
tuoS "a kuS doSOCA1SGS - pdydolO
monthly upon their own warrants ON
the Treasurer. The salaries shall neither
be increased nor diminished during
their terms of Office. They shall be cit
liens OF the State, and shall have prac
ticed law in Louisiana five years next
preceling their appointment or have
seeRed the same length of time as a
district judge. The court shall ap-
point its own clerk and reporter and
may remove them at pleasure.
Art. rs. The Supreme Court shall,
immediately after It's organization un-
dor this constitution, be subdividcd
into two sections of three judges each,
to he known as Section No. I, and
Section No. 2, such division to con-
tinl1e until the General Assembly shall
otherwise provide. The Chief Justice
shall preside over section l., and the
associate judge who shall preside over
section No. 2 shall be designated by
the Governor in his appointment. The
Governor shall also designate in his
appointments which justices shall COM
pose section No. and section No.
2, except as to the chief Justice.
Art. II. Section No. shall hold its
session exclusively in New Orleans
from the third Monday in October to
the first day Of July.
Art. 70. Section No. shall sit in
New Orleans from tho third Monday
In October to the first day in May, and
In Monroe and Opelousas during June
and July. Two Judges shall be neces-
sary to make a judgment in each Sec
ton. II Mt any time one section shall
decide the same question in a manner
different from a previous decision of
the other section, or shall override an
adjudged case of the previous courts,
then an immediate rchearing upon the
same record shall be granted before the
whole court composed of both sections
sitting together.
Tho association seems to have been
novelty stricken and bent upon dis
playing all the ntopianism that was
possible in limited space. 1t is i'm
possible for US to believe that anything
80 intricate, cumbersome and vexa-
ttous as this system would be, will en-
gage the sober thoughts OF the jutlici-
ary committee of the Convention for a
single moment of time.
There is one of two things to be done;
lessen the burdens of tho Court or in
crease the number OF Judges.
1t the Supreme Court was Court Of
Error, three Judges would be sufficient;
II maintained n Court of Appeal, as
now, the number of Judges should be
increased to seven or nine. An even
number, rs proposed by the associa.
ton, and dividing it into two sections,
has nothing in it of favor. Section one
In New Orleans might decide ques-
ton one way, and section two in the
country another way. The question
then comes before sswhole court ,,
after all the trouble and expense, and
the two sections may be immoyable
What Is the result? The decision 81
the lower court Is affirmed 6y division
1t decides nothing except the right.