The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1879-04-23

TIRE JUDICIARY SYSTEM.

of the Bar Association on Lne organ
ization of the judiciary. In some
respects the suggestions are very
good, but, as whole, we are IN
clined to the belief that the plan
proposed will not meet the wants OF
the people. The appointment of the
Supreme Court for life by the Gov
erpor on the advice Of the Senate,
may, perhaps, be acceptable, as it is
DESTROYS above all things to have
fixed and settled jurisprudence in
the State. The constant changing
of the Supreme Court has caused
some confusion and conflict of de-
cisions on the principles of our law,
that has produced great losses to in
diyiduals, and made it uncertain for
even our best lawyers to advise with
any certainty their clients. The
present Supreme Court has over
ruled many very important decis-
ions of it's predecessor, and incorpo-
rated into our jurisprudence
many changes that renders litiga-
tion uncertain. To correct this, 1t
lis better that the Supreme Court
have q tenure of Office for life, or at
least for a much longer term of years,
than now provided for. In this res
pect, the suggestion of the Bar Asso-
citation is acceptable. The dividing
the Supreme Court into two sections,
| is new idea and will produce inev-
itably a conflict of decisions that is
not desirable. Besides we are firmly
Of the belief that when a section of
this Court goes into the interior dis
tricts of the State to hear causes,
that from the want of Libraries a1d
conveniences of home, the cases on
appeal will not receive that close at
tention that they would, were the
whole Court sitting in New Orleans.
Let this Court be composed of five
Judges as now provided, and make
all appeals from the State returnable
to New Orleans. To relieve them OF
the great press of business and to al
low them to keep up with their
docket limit their jurisdiction still
further, and provide as we suggested
in our last issue for Circuit Courts,
composed of District Judges, who
shall have appellate Jurisdiction in
all sums, over one hundred and moi
exceeding two thousand dollars, witt
the right of appeal from the Circuit
Court to the Supreme Court on ques
tons of law alone, where the amour
in dispute exceeds FIVE hundred dol
lars. In all cases that exceed twt
thousand dollars, let the appeal g
direct to the Supreme Court for de
, cision. Let the Supreme Court hav'
f appellate jurisdiction in crimina
cases where the punishment inflic
ted exceeds fine of five hundred
: dollars or seven years at hard labor
in all other cases let the Circui
Courts have appellate Jurisdiction
with the right of appeal both by th
State as well as the prisoner. AS t
the District Judges, and their ar
pointment for life, it is very evider
e that Constitution that containe
# this provision, would meet with 81
IS rious opposition that would, con
l. bined perhaps with other objection
e able features, insure it's defeat. Th
v people have the right to elect the
J. Judges, right so long exercised thu
; any attempt to deprive them of
would meet with bitter opposition
Sovereign Ia their capacity, NOR
n deeply interested in the character {
q men, who should be their immediat
e rulers than the Governor, who ofte
/ looks out for himself in making hi
8 appointments, this would be cruz
!. thrust at their liberties and right
l. that would meet their just resen
e ment. While it is essential that til
l. appointing power should be given
the Executive in some minor Office
yet We are unalterably opposed
! the concentration of SO much pow,
! as this in the hands OF any Governo
as it is dangerous to our libertie
land has corrupting tendency in OF
:, body polite.
= This suggestion of the Bar Ass
!, cion, to appoint District Judges #
life, will, we think, meet with lit
= little favor with the people and Il
!. country bar. Let them be elect'
for ten or twelve years, subject
removal by impeachment or addre
% on the vote of two-thirds of the LIE
t, islature. We are still Of the OPT
t. ion that the Convention will not
re IL