The Opelousas courier., 1894-05-12

The Constitutional Commission.

This body is at work and has mad.
some very important alterations in on,
organic law. We have not the time tt
say all we might touching them, au(
must limit our remarks to one or two
only.
1t will doubtless be remembered h,
our readers that many months since ",
gave u~tterances to our opinions touch.
ing the election franchise. The Com
mission has adopted them to Il great
extent, making some alterations which
we do not think should be objected To
We suggested that the voter should be
required to possess some other qualif
cations than simple citizenship. That
illiteracy should not necessarily dis
franciaIze Il citizen who possess proper
~, to il liked amount, upon which taxes
are levied. That IL poll tax should be
required to have been paid at least six
months before the election at which he
offers to vote. That the receipt for
such tax by any n possessing all other
qualifications, should be substituted for
registration, &c.
The Committee has fixed the period
for the payment OF the poll tax at one
year previous to the election, aud adj
heres to the necessity of registration.
There is n other qualification the
Committee has wisely, We think, re-
commended. 1t is that the voter must
be a citizen by birth or naturalization.
Our present Constitution does not stop
here. 1t allows those to vote also, who
have taken the oath of intention to be-
come citizens. We have never under
stood why such persons should be al
lowed to vote. The right to vote, we
have always understood to be a person.
al privilege given to enable citizens to
protect themselves from oppressive
legislation and the tyranny of rules.
1t has never been viewed in the light of
could be so considered only by persons
possessing tho rights belonging to full
citizens. But we pass to another amend
ment proposed by the Committee, re-
gardiDg the Circuit Court of Appeals.
The plan proposed appears to US a little
cumbrous, as we'll as out of keeping
with the ideas we have all along en-
tertained with reference to judiciary.
We have thought that the Circuit
Court of Appeals was almost entirely
unnecessary, at present organized. 1t
has not given satisfaction, generally,
and it may. doubtful if il can, be made
to do SO. Under the old Constitution the
labors of the Supreme Court were too
onerous, but under the present system
they are just as much too light. The
COMMITTEES recommends that the State
be divided into two Circuits, each of
which is necessarily very large. 1t is
very questionable in our mind whether
two Courts can perform it. 1t must be
remembered that whilst labor is taken
from the Supreme. it is correspondingly
imposed OH the Circuit Courts. 1t is
true there is but one Supreme Court, but
it is composed of almost as many judges
peals are to be! it having five and the
Circuit Court Of Appeals to have three
judges. In both, the cases submitted
are divided among the judges. Should
the judges Of the Circuit Court be di-
vided in opinion, after the recusation of
u OF the three, provision is made for
in a judge of a district court to assist
in deciding the case. Atthis point diff
ficulties are likely to spring up which
we will not discuss. Of course, this
provision will necessitate legislation to
make it operative, for constitutions are
not self operating in such cases. The
reference of questions of law to the SUI
preme Court and the duty of the Circuit
Court to accept the answers of that
Court without the power to deviate
from them is equivalent to accepting
a decision by a tribunal before whom
the parties litigant have not been heard.
This is hardly %consonant with our long
cherished ideas. justified by another
constitutional provision which holds
that litigants have the right be heard.
We think this is worth reflection. True
it is that they are heard in the Circuit,
and 8 % they have always been. neverthe-
less they have always been heard also
10 the court of final resort. The certi-
flying questions of law to the Supreme
Court, should not prevent litigants from
discussing them in the Supreme Court,
and we see no provision for allowing
the exercise of such a right. As we un-
derstand the proposed alteration, the
Supreme Court is to receive the cues
ton from the Circuit Court of Appeals
and to answer it without the appear
ance Of attorneys beforeitY
Again suppose the question arise in
the trial OF a case involving only $500,
it must be certified to the Supreme
Court. Its answer is final. Now which
court really decides the case9 Plainly
the Supreme Court. What then Ju-
risdiction is limited by one article of
the Constitution to sums lot less than
$4,000, it is by this alternating in another
given power ana authority to decide
cases in which only $500 are involved.
1t We are correct in this the commissions
ers should go further and alter the S1st
Art. of the Constitution SO as to author
ize the Supreme Court TO entertain and
pass upon all questions of law duly GER
titled to by the Circuit Conit's appeals
and sent before it under the amendment.
We think the Circuit Courts should con-
sist Of five judges each.
That Picnic