The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1881-07-20

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The recent session Of this tribunal
It this place seems to have provoked
no little inquiry into the usefulness
md expediency of that hitherto IN
known Court system which was Civ
en- to us BY the Constitutional Con
vention of 1879. We have heard the
auestion frequently asked, what is it
for2 What kind Of a Court is this2
and others of the same kind, and we
have taken the pains to inform our
selves on the subject. The result OF
our researches ia the conviction that
it is a cumbersome, expensive, mex
pedient and altogether useless sys'
tenn which should be abolished as
soon as the Legislature can submit,
and the people can vote upon. con,
stitutional amendment doing away
with it.
In the Arst place its Jurisdiction is
q farce. Itcan only try appeals from
the District Courts in civil suits
where "the matter in dispute or fund
to be distributed exceeds 5000 and
does not exceed $1,000 exclusive of
interest" Formerly all appeals
where the amount was over $500
went to the Supreme Court and upon
suits involving less than that
amount the decision Of the District
Court was final.
In the next place there are five
Circuits having each two Judges
paid a salary Of $4,000 per annum
piece. This makes $4,000 per an
mum which the State pays for this
supernumerary, superauous and stu.
pid system of Courts of Appeals with
out jurisdiction and perhaps without
cases to try.
The manner Of their selection az
provided for by the Constitution-by
the Legislature-is an unwarranted
innovation upon the established
usage and uniform practice of either
allowing the people to elect or the
i! Governor to appoint the peoples
Judges. II we are to have these use
less Courts, aud If the Constitutional
Convention of 1879, could not satisfy
themselves by following the prece
dent set by the Convention of 1852
and must have US try experiments,
they might at least have allowed the
people the privilege which is right
fully theirs, Of electing the Judges
The divided responsibility amongst
nil the members of the Legislature il
in violation of the right of the citi
zen to a direct vote in the selection
of the Judges, as it is also opposed
to the experience and wisdom of al
governments, which teaches tina
when the people delegate the ap
pointing power it is but to have i
in the hands of one man, to whom
they look and whom they can hole
accountable tor any bad selections
). We have heard two reasons givel
as an excuse rather than in justifica
tion of the system, and neither o
them seems to Us to have any merit
The politicians reason, the catch
penny ones, which is intended t
hoodwink the "dear people," is tina
this Court of Appeals is a "poo
mans Court" intended to try bi
appeals at small expense. This rea
son is more spurious than sound.
The poor man was more fully pro
tected under the old system, wher
he could try his case If it involve'
$500 or less and have final decision
by a jury of his friends and neigh
bors, and who hearing the testimon,
and knowing the witnesses, are mucI
more competent and likely to do jus
tice and give satisfaction than tw
, Judges who hastily read and bu
half digest the evidence, and who's
. judgment on the law is entitled t
but little, if any, more weight thai
that of the District Judge. In suit
involving sums between $500 an
$1,000 and on the questions of Law
the poor debtor is more intereste'
really in the right to carry his cas-
, to the Supreme Court, which wa
and is done at but little more cos
! than is involved in an appeal to th
= Circuit Court, than is the rich mar
e The poor man whose all, say $1,000
is involved in law suit, is the yer
one who wants and should have a re
sort to the Supreme Court with it
Eve learned Judges, it's settled juris
prudence, it's freedom from any tain
= of political influence and with its az
corded respect which imparts to it
, decisions that character that salts
=, fies all parties that it's judgments ar
correct as we'll as final.
| The other excuse for the syste,
3 is pretense that it was organized
relieve the Supreme Court of pres
;. of business. This could have bee
/. more expeditiously and economical
j accomplished by adding two Associ
D ate Justices to that bench at a tots
a expense Of $4,000; or by creating
. temporary Court OF five Judges, q
a we believe was done once befor,
+ which need not have cost the Stat
: more than half the salaries paid tn
t Circuit Judges.
r We think this is a sufficient an
6 swer to the pretense of any reaso
6 for this Circuit Court system. Per
/ haps as great an objection to tn
system as any we have named is tia