Louisiana capitolian., 1880-01-24

fore the expense of a special session viii
become justifiable. The occasion mus
be one which the General Assembly ut its
present session has no means of fore
knowing and no reason to anticipate.
Your attention is invited to article 81
of the constitution, which forbids tn,
appropriation of money during the last
five days of your session., Articles 81
and 80 contain safe and wholesome re-
straints on the passage of bills, necessa
rily requiring additional time. What
ever time the discussion and completion
Of any bill requiring an appropriation
may consume in the House of Represen
tatives, where it must originate, an equal
period should be allowed for the due con
sideration of the same bill. Time must
also he allowed for the consideration OF
such amendments as the Senate may
adopt, which require vote by yeas and
nays. Cases of disagreement on such
amendments will probably occur, requlr.
ing still more time for conference and
further balloting.
To securing the completion and final
passage of important appropriation bills
they ought to be sent to the Senate not
less than fifteen sitting days before the
day fixed for final adjournment.
ORGANIZATION OF COURTS.
An early organization of the Judiciary
Department being of great importance,
the General Assembly should proceed at
an early day to the election of two cir
cult Judges for each circuit district, as
fixed by article 81. In your selection
primary consideration is due to the
known preference of Senators and Rep
rcsentatives from each circuit, who are
assumed to reflect the choice of their
constituents; but it is for you to insist
that nominees shall be worthy and suit
able.
A large number of eases now pending
before the Supreme Court are to be
transferred to the docket of the Court
Of Appeals for the parish of Orleans as
soon as organized. In accordance with
article l29 these transfers will include
all appeals from the parish of Orleans,
where the amount in dispute or fund to
be distributed is less than $1,000, exclu-
sivc of interest. These eases will occu-
py the new court from the time of its
organization in August next for long
period, and until new cases from the
district courts begin to demand it's at
tcltion. If the judges of the Court Of
Appeals for the parish Of Orleans are
elected Immediately they will have
time to prepare their rules and get
ready for active duty.
Article 13O establishes q Civil District
Court for the parish of Orleans, to con
sist of five judges, and Criminal Dis
trict Court, to consist of two judges.
Article LII authorizes the General As
sembly to increase the number of civil
judges to nine and Of criminal judges to
three. Experience only can determine
the necessity for such increase. Ii the
general business of the city increases,
as we have reason to hope, proper
ate increase Of litigation is likely to fol-
low. A reduction of excessive costs
may also have the effect Of augmenting
litigation. If the number Of judges is
too small, cases will increase on their
dockcts, and damaging delays will re-
suit. Those who appeal to courts of
justice to settle their disputes and
claims ought to have u ready hearing
and a prompt decision. Want of time
often causes serious distress to ltigants
in civil suits. The speedy administra-
tiOn of justice in criminal cases is even
more important. Delay in the trial,
conviction and punishment of criminals
is q public injury to be avoided at any
that criminal court should be always
in session as that it should bc always
efficient and always prepared for duty,
so that the perpetration of crime may
be followed closely by trial and pun
shlMent.
Before the close of your session you
may be called upon to determine whe-
ther additional judges will he necessary,
and to prescribe the manner in which
they shall be elected or appointed.
The General Assembly is required to
regulate the salaries of the judges of the
three city courts for New Orleans, de-
ternine the territorial jurisdiction OF
each, prescribe the manner of executing
their process, establish for them bill
of fees and costs, and give rules to gov
ern their proceedings. Public interest
demands that these courts be organized
with scrupulous care in behalf of the
poorer class of litigants, whose claims
come within the limits of the jursdic-
ton assi gncd to them, which extends to
all cases where the sum in dispute does
not exceed 500. In a city Of more than
two hundred thousand inhabitants it
may happen that litigation of that grade
will he too much for three courts.
Articles 135 provides for an increased
number or these courts, not exceeding
eight. respectfully recommend that
before your final adjournment yoh as
certain whether such additional city
courts will be necessary, and provide
for the election Of the judges thereof.
Article l37 requires the enactment of
l law prescribing the amount and char
,ctcr of the bonds to he furnished by
jhc clerks of the Civil and Criminal Dis
'rict Courts of New Orleans.
Article 1873 requires law regulating
he duties Of minute clerks of the Court
If Appeals and civil and criminal courts,
md fixing the salaries of the. deputy
Jerks.
Article 14O requires the General AS
'embly to fix the fees of the civil sheriff
If the parish Of Orleans, and to provide
or the manner in which he shall make
lis annual settlement with tile State
llsO to fix the fees and charges of the
criminal sheriff.
Article l4l requires law fixing the
alaries of deputy sheriffs.
Article lab requires a law defining the
qualifications and duties of constables of
ity courts of New Orleans and fixing
heir compensation.
Article 144 requires an act to regulate
he qualifications and duties of the
egister of conveyances and the re-
order of mortgages, to prescribe the
lumber of their employees and fix their
alaries. 1t also appears necessary that
he amount and character of the bonds
0 be given by the register and recorder
hould be fixed by law, and that due
rovision should be made for the safe
:eeping of their records in tire-prOOf