Louisiana capitolian. (Baton Rouge, La.) 1879-1881, 1881-08-18
THE CONSTITUTION or 1878.
a Reply Ia objections made Against
the Present Judiciary System.

SHREVEPORT, August II, 1881
To The Editor " the Now Orleans Democrat
| A far sample Of The objections
| which have been made to the new
Constitution Is to be found In late
iesuc Of tho Alexandria Democrat,
| and reppblisled ID several papers Of
the State with comments Of approval.
The Democrat, after general de-
nuDeiation Of the Constitutional Con-
vehtion of 1879 for having done many
absurd things, and some things which
brought its name into repr0aGb, pro-
ceads to state. ''Hut Ii did no more
foolish and silly thing than In provid-
ing for tvs such bunglesome and
useless judiciary system. With the
Constitution of 1852, to which tho
people were anxious to return. before
them as II guide, they must needs try
experiments. Their experiment has
now had u fair trial, aud If we mis-
take not the people will demand u
return to the old landmarks"
The above specified objection to
the Constitution of 1870 Ia without
any foundation ID fact, aud was made
III entire ignorance Of the judiciary
aystem established under the Consti.
tuition Of 1859 and of the preceding
Constitution of lsi5.
We say the objection WAS made in
ignorance because the judiciary syH-
tom established under tho Constitu-
tion OF 1852, which was the same M
that under the Constitution of 1916,
Is Incorporated in the judiciary sys-
tom Of 1870 md IL identical with It.
Under the Constitution of 1859. IN
well rs Under the Constitution Of
1916, the judiciary power was vested
in Supreme Court, IN district courts
and IN Justices of the peace. Under
the Constitution Of ls42 and ls45
the Supreme Court was vested with
civil. probate and criminal jurisdic-
tioh, and the clerks Of these courts
were authorized to grant orders in
certain eases in the turtberapce of
Justice; and justices of the pence
were invested with n limited iurisdic.
ton in civil and criminal cases.
Such was the judiciary system uu-
der the Constitution Of 1859 and 1915,
Che whole of which was Incorporated
IN the Judiciary system Of 1879
Under the new Constitution we
have Supreme Court with appel
late jurisdiction from Judgment of Tie
courts; and the clerks of those
courts are authorized to grant orders
in certain cases and Justices of the
peace, with n limited jurisdiction in
civil and criminal cases.
There is u perfect identity between
the Judiciary systems under the Con
Of ls45, 1852 and 1870, 40
Iar rs the systems Under the Consti.
buttons Of lsl5 and 1859 have been
extended.
The constitutional Convention Of
|s7o not only Incorporated the Judi.
'iary system Of 1889 in the present
system, but made such amendments
o that system Ms were demanded by
III enlightened public policy, the
wants anu necessities of the people
The present Constitution requires
rom four to six terms of The district
'ourts to be held annually in each
,arsl, TO dispose of the civil and
business. while under the
Constitution of 1852 only two terms
we're required to be held.
This amendment greatly reduced
asation IN the parishes and afforded
substantial relief to the people,
The present Constitution vests in
he Supreme Court power to try and
emove from office inferior Judges