The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1881-09-07
TIE CONSTITUTION OF 1878.
A REVIEW OF IT'S JUDICIARY
SYSTEM.

A REVIEW OF IT'S JUDICIARY
SYSTEM.
REPLY TO "NoRTH LOUISIANA IN THE
SHREVEPORT STAN
DARD.
A writer in the Shreveport Standard
of August 2sth, who signs himself
"North Louisiana" and who seems to
have free access to its editorial columns,
in a labored article of two columns, at
tempts to reply to an article of ours
criticising the present judiciary system
of this State and accuses us of igno-
rance. As our article has been extern
sively copied and approved by the pa
pers of the different Parishes we pro-
pose to reaffirm what we at first said
and to prove at whose door the charge
of Ignorance" is properly to be laid.
The chairman of the Judiciary Com
mittee of the Convention of 1879 lives
in Shreveport and whether the chair
man and "North Louisiana" are or are
not identical, is matter of small con-
Germ, except to afford us an opportunity
of observing that it is in accordance
with the "eternal fitness of things
that the defence: of that expensive, use.
less, burdensome and experimental con.
glomeration, called by courtesy only, a
judiciary system, should come from
that direction. We are not concerned in
the writer but only in the writing, and
without further introduction we will
hasten in medals res.
Our charge, to which he objects, was
that the people were anxious to return
to the Judiciary system as established
by tho Constitution of 1852, and thai
with that instrument before them the
Convention of 1879 "must needs try ex
periments." We were writing more
particularly of the Courts of Appeal
but as he has chosen to put the argu
menr upon broader grounds, after hav
ing established our first proposition
that the establishment of that Cour
WAS AN EXPERIMENT and an extrayagan
one, wholly useless and powerless tt
afford the relief, the expectation o
which is the only excuse tor its exis
tence, we will point out some other OBJ
jections to the whole system. Tha
was our charge, now let us hear hi!
reply
"The above specified objection to tn,
Constitution of 1879 is without any foun
dation in fact, and was made in entire ig
norance of the judiciary system establish
the preceding Constitution Of 1915. w,
say the objection was made in ignoranc.
because the judiciary system established
under the Constitution of 1852, which wal
the same as that under the Constitution
of lS45, is incorporated in the iudiciar,
system of 379, and is identical with it,
Under the Constitution of 1852, as well a.
under the Constitution of l545, the Judi
ciary power was vested in Suprem,
Court, in District Courts and in justices
of the Peace
Let us see if he is borne out by tn,
facts. In the Constitution of 1915 Art
81 is as follows:
CART. 81. The judicial power shall b
vested in a Supreme Court, in Distric
Courts and in Justices of the Peace
"ART. rs. The number of District
shall not be less than twelve nor NOR
than twenty"
Constitution of 1852:
CART 81. The judiciary power shall b
vested in Supreme Court, in such infer
ior courts as the Legislature may, from
time to time, order and establish. and il
Justices of the Peace"
art. 62. The Supreme Court, excep
in the cases hereinafter provided, shall
have appellate jurisdiction only; whic]
Jurisdiction shall extend to all cases whel
the matter in dispute shall exceed thre
hundred dollars
Let us go back still further and Sc
the Constitution of 1912:
CART. 4.-sec. l. The judiciary powe
shall be vested in Supreme Court an
inferior courts
AS the purpose and object of the Con
vention of 1879 was to correct abuses i
the Constitution of 1868, and while ma
king the comparison or contrast let u
see what that instrument has to say
Constitution of 1868:
"ART. 73. The judicial power shalt b
vested in a Supreme Court, in Distric
Courts, in Parish Courts and in Justice
of the Peace
| "ARTr83. The number of Districts il
the State shall not be less than twelve no
more than twenty
We will now see the Constitution O
1875
CART. 80. The judicial power shall b
vested in Supreme Court, in Courts 9
Appeal, in District Courts aud in Justice
of the Peace"
CART. 10Y. The State shall be divide
into not less than twenty nor more tina
thirty judicial districts, the Parish of o,
leans excepted"
Under the Constitutions of 1872, 1874
and 1852 the appellate jurisdiction c
the Supreme Court in civil matters ea
tended to all sums over $500. Unde
that of 1868 to sums over $500. Unde
that of 1879 to sums over $1,000. Unde
the Constitution of 1852 the Legislator
divided the State into EIGHTEEN district
including New Orleans.
There were originally under the Cor
stitution of 1868, THIRTEEN districts in
Guiding the Parish and City of Ne,
Orleans, which was subdivided int
seven districts of its own, but we be