Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1881-10-13
THE LOUISIANA JUDICIARY.
what Il Means 60 be n drcait
Court Judge.

Judge W. w. Farmer, after dlliag
the position Of Circuit judge Of the
Second Circuit Of Louisiana Tor a year
and a halfrosigned, aud wmse a letter
to Governor Wilta, dated August N,
1881. in which he recommends
Andrew j. 6unhy If 0uaeAitar parish,
as his successor. His line OE reAsea'
Ing applies to many States besides
Louisiana, He says
The Circuit Courts eeea she mes,
Industrious aud learned l93SeS Il
is easier q be a successful Supreme
Iadse than a successful GNGs'
JUDGE, for ave roASoNS
L The Sapreme Court eases exceed
$1,000 in principal and they are la'
porsaat and valuable enough % cNa,
msna Che hes, talent among the law
verS. and 10 afford such 6eS As VII
Justify able arguments and elaborate
hrieE-whieh moreover are printed,
while the NnUlt CNVtt kr,eiS are
written in various degrees et legSNlhN,
The Supreme Court having Tug
assistance 0t the best counsel o. each
side has enG g choose between the
two sides Afler that, the opinion Is
writer, being only usually areS;ate,
mcnt al the SrsnmeN, Of the Winning
LAWYER and a QuotlSg or citing ct his
authorities
ON the other hand, the Grouls
JuSrSs ny 0nimportsnt cases which
DO net afford fees largo enough 70
emplOy the best talent every time
Hence many cases are poorly or neg
lRrently presented in argument and IN
sSanty briefs or illegihle original
lreearas instead Of lesihle transcripts,
Bat the Crcuit judges neither con
4 ~seientious or ambitious, or both, must
h. correct, whether the Law is cor
reetly quoted and the authorities are
/ correctly cited or not
II not so quoted or cited (which
often hsppensl, the Judges must
search out the law points involved
ana must hunt up the authorities.
= The Supreme Court meets at
central points, where the accommo'
dations, fares and lodgings are never
bad. and have ample leisure for full
Investigation, consultation and prep
aration Of opinions. The Circuit
judges are hurried to set through,
some times within a week, and to
travel, often intentionally, to the
next parish. They are hurried in
investigation, consultation and prep
a~ration of opinions.
8. At New Orleans, Monroe, 0pe-
lousas and Shreveport, the Supreme
Court has the assistance of excellent
law libraries. The Circuit Courts
have no dependence, except on the
law libraries loaned them by the at.
torneys, and these are sometime;
scanty, though the whole of all the
Libraries are placed at the judge
disposal.
4. The opinions of the Supreme
Court are reported and published il
full, therefore that Court has Away
before 1t a complete remembrance ant
reminder OF every decision it has rem
dered, and Of every opinion and argu
n.ent used. But the opinions Of tn
Circuit Courts are not reported
Hence these Judges must carry tn
jurisprudence Of their own Circuit il
their heads If, then, they shoul,
render, in East Carroll parish, a de
eision inconsistent in conclusion 0
reasoning, with n rendered tw
years before in Catalonia, the incon
gruity would not be surprising. VIII
can remember all the law, eve
when be has himself helped TO max
it?
). The Supreme Court is the 6Da
and the highest authority. If tina
court should differ in opinion fror
the Circuit Court on any question 0
law, the opinion Of the Supreme Csur
prevails, and it is accepted as th
correct Interpretation. They ca
make aud remake the law by thei
interpretations Of it. So even whe
intrinsically wrong, they are actual
right, and that settles it. Thei
decisions arc binding on all the court
except their own. Errors by tn
Circuit Court are liable to be expose,
BY the Supreme Court, but no erro
OF the latter can be exposed, excep
rarely by the Supreme Court Of tn
United States. SO the Circuit Cour
must be careful and able to avoi
errors.