The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-01-16

NUM- tn biennial sessions will demand frptn
yotl additional care and moro than uRual
forehonght IN making provisions not only
for tho current year, but for tho two follow
ing years. In tho long Interim no special
en#piun ought Lp bo called axcept IN caso of
pressing neCesHity or important emergency.
In any contingency that may arise great In
convenience must be felt by tho public before
tho expense OF q special session will become
iusti liable. The occasion must hs ono which
the General Assembly Mt It's present session
has no means of foreknowinR and no reason
to anticipate.
Your attention rs invited to article b5 Of tho
constitution, which forbIds tho appropriation
OF money during tho last five days OF your
session. Articles III and ~ contain safe nnh
wholesome restraints on tho passage OF bills,
necessarily recurring additional time. What
ever tme the discussion and completion OF
any bill requiring nm appropriation may con-
sumo I'm the House Of Representatives.. where
IT must originals, m equal period should DO
allowed 10 tho Senate for tho due cOnsdera-
tion or the Same bill Time must also DO
allowed for tho consideration OF such amend
ments ~ tho Senate may adopt. which r.
auirs n vote by yeas aud nays. Cases OF dis
agreement on such amendments Will prob
ably occur. requiring stil moro time for
conferences and further balloting.
TO secure the completion anu iina paaHage
OF important appropriation bills they ought
to be sont to tho Senate not lhas ihan fifteen
sitting days before the day fixed for final
n adjournment.
ORGANIZATION or COURTS.
An early organization of tho judiciary Do
partmrnt being Of Rraat Importance. the 1el-
erai Assembly should procned nj MI early dty
10 the election af two circuit Judges Tor fheh
circuit district as fixed by article U. In your
selection primary confederation is quo 70 Inc
known preference of Senaotrs and kapreaen-
tail YES from each circuit. who are assumed 10
reflect tho choice OF their constituents. bnl "
Ii for you to fnslst that nominees snail DO
worthy and suitable
A large number or cases now NhuihG DO
fore tho Supreme Court are To be- transferred
10 the docket of this Court or Appeals l0r Tho
parish OF Orleans aB aoon ~ ofghnRsd. IN
accordance with article l29 these transfers
will include I'LL appeals from tho parish ~
Orleans. whore the amount In dispute 81 i'lhd
to be distributed IL less than $1,000. exclusive
OF interest. These casos Will occupy tho new
3ourt from the time IF Its organization IN Al
gust next for Il long period. aud until now
cases from tho district courts begin To de-
mand itH attention. lf the Judges Of the Court
OF Appeals for tile parish OF Orleans arc
elected immediately they will have time 70
prepare their rules and got ready Tor active
duty.
! Article 40 establishes d OWL District Court
for tho parish of Orleans. to consist ot live
Judges, and u Criminal District Court, 70 con-
sist of two Judges.
Article t3i authorizes tho General Assembly
| 10 Increase ths number of civil Judges To nlne
and OF criminal Judges to three. Experience
only can determlne the necessity Tor such 10
crease II the general business OF the city In
creasrs, rs we have reason 10 hope, y piopor-
tionata increase Or litigation ~ likely u fol-
low reduction OF excessive costs may also
have the effect Of angmenting litigation. II
the number of Judges Is too small CAGES Will
accumulate on their doeket7, ana damaYlnR
delays will result. Those who appeal TO
courts OF justice to settle their dis
putcs and claims ought to have y
ready heartng HHd II prompt decision
Want of time often causes serious
tistrnss TO litigantB III civil suits. tho
speedy administration OF Justice In criminal
cases IL even moro important Delay IN tho
trial. conviction aud punishment oil criminals
1 II public Injury to be avoided Ut any reason
able cost 1t Is not 80 necessary That Grim
inal court should be always in session as that
| IL should always be- efficient ana NJ ways pre-
pared for duty, 80 that the repatriation OF
crime may be followed closely ny trial ana
punishment.
called upon TO determine whether additional
| Judges will be necessary, aud 10 proscrlbe the
manner In which they shall DO elected or ap-
| pointed.
The General Assembly ls required TO regu-
late the salaries of tho Judges OF the three
city courts for New Orleans, determine the
| territorial jurisdiction OF each. prescribe the
manner OF executing their process, est'soiisn
for them bill Of fees and costs. ana give
rules to govern their proceedings. PUP
lie Interest demands that These courts
be organized with scrupulou5 care ~
behalf of the poorer class OF nt'
ipants, whose claims como within W
limits Of tho jurisdiction assigned To then,
which extends to all GasG5 where the sum III
dispute docs not exceed 500. In city ol
more than two hundred Thousand IN
habttants IL may happen that lltlkhCloh 81
that grade will be too much for three courts
Article i35 provides Tor an Increased mum
Der of these courts, not exceeding eight.
respectfully recommend that before your
final adjournment you ascertain whether sucf
additional city courts VIII be nec'ssary, els
provide for the election Of the Judges Thereon
Article l37 requires the enactment OF iaV
prescribing the amount and character OF tn
bonds To be furnished by tho clerks OF w
, OWL and Criminal District Courts OF New
: Orleans. .
, Article l3s requires law regulating TIL
duties of minute clerks Of the Court Of Ap
peals and civil and Cr minal courts, ana llxlni
The salaries OF deputy clerks.
Article 140 requires the General Assembl
to Tx the lees OF the civil sheriff OF the paris
OF Orleans, and to provide for tho manner i
which fie shall make his annual settlement
with tho State; also TO Tx the fees an
charges of the criminal sheriff.
Article al requires law fixing The sala
rles of deputy sherif5-
Article l43 requires q law defining the qua
: ificntions and duties of constableS OF cit
courts Of New Orleans and fixing their con
Y pensation.
Article Ia requires an act TO Regulate tn
: qualifications and duties OF the register {
: conyeyances and the recorder OF mortgages
! to prescribe the number Of their employe
: and fix their salaries. 1t also appears heces
| sary that the amount and character OF "
, bonds to be given by the register ana n
! cordcr should be fixed by law, and that gu
! provision should be- made for the safe keepln
t of their records In tlre-proof buildings.
u COSTS AND FEES
II I,at ha {. q
. sembly. at its first session after the adoptiO
: of the constitution, shall enaes fee btll Il
! the clerks Of the various courts, lncladin
+ the city courts sitting lii New Orleans, an
= for the civil and criminal sheritfs, constable
Il register Of conveyanCes and recorder OF NOR
). cages of the parish OF Orleans, and in Il
q same act shall provide for tho collection
d such fees by the state by means OF systel
10 Of stamps or stamped paper. Inc consult,
! tion has wisely assigned fixed salaries
these officers and their deputies. It remain
i for the Legislature to revise and rearrange
u gal fees and charges In the interest OF tt
general hubble of NIL parties to suits an