Louisiana capitolian. (Baton Rouge, La.) 1879-1881, 1881-08-20
THE CONSTITUTION OF 1879.
A Reply to Objections made Against
the Present Judiciary System,

| A far sample of the objection
which have been made to the new
Constitution is to be found in lat
issue of the Alexandria Democrat
and republished in several papers o
the State with comments of approval
| The Democrat, after general de-
nunciation of the Constitutional Con.
vention of 1879 for having done many
absurd things, and some things which
brought its name into reproach, pro
ceeds to state: "But it did no more
foolish and silly thing than in provid-
ing for US such a bunglesome and
useless Judiciary system. With the
Constitution of 1852, to which the
people were anxious to return, before
them as guide, they must needs try
experiments. Their experiment has
now had a fair trial, and if we mis-
take not the people will demand a
return to the old landmarks
The above specified objection to
the Constitution of 1879 is without
any foundation in fact, and was made
In entire ignorance of the judiciary
system established under the Consti-
tuition of 1852 and of the preceding
Constitution of le45.
We say the objection was made in
ignorance because the judiciary sys-
TEN established under the Constitu-
ton of 1852, which was the same as
that under the Constitution of 1915,
is Incorporated in the judiciary sys-
TEN of 1879 and is identical with it.
Under the Constitution of 1852, as
we'll as under the Constitution of
l845, the Judiciary power was vested
in a Supreme Court, in district courts
and in justices of the peace. Under
the Constitution of 1912 and 1e45
the Supreme Court was vested with
civil, probate and criminal jurisdic-
ton, and the clerks of these courts
were authorized to grant orders in
certain cases in the furtherance of
justice and justices of the peace
were invested with a limited jurisdic-
ton in civil and criminal cases.
Such was the judiciary system I'M
der the Constitution of1s52 and 1o45,
the 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 the
inferior courts; and the clerks of these
courts are authorized to grant orders
in certain cases; and justices of the
peace, with a limited jurisdiction in
civil and criminal cases.
There is a perfect identity between
5he judiciary systems under the Con-
,titution of l545, 1852 and 1879. so |
ar as the systems under the Consti-
:utions of lS45 and 1852 have been |
extended.
The Constitutional Convention of |
1879 not only Incorporated the judi
;iary system of 1852 in the present |
system, but made such amendments |
@ that system as were demanded by |
IN enlightened public policy, the
wants and necessities of the people.
The present Constitution requires
rom four to six terms of the district
ourts to be held annually in each
parish, 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
axation in the parishes and afforded
ubstantial relief to the people.
The present Constitution vests in
he Supreme Court power to try and
emove from Office inferior Judges
ound guilty ofhabitual drunkenness,
onfeasance, misfeasance, incompe-
ency or corruption in office.
This was a wise and necessary
mehdment to the judiciary system of ,
o52. 1t preserves good morals. !
lalntalns the dignity of the bench.
nd secures a pure administration of !
he laws in the interest of public Or
er and good government. {
The present Constitution also vests
the Supreme Court power to re-
rain inferior justices within the lin.