The Banner-Democrat. [volume] (Lake Providence, East Carroll Parish, La.) 1892-current, 1896-04-04
Court of Appeals
Editor of the Madison Journal.

Editor OF the Mauls0n JouFhal.
Dear Sir:-In a recent issue you in
vite members of The bar to give their
views upon the proposed circuit court
amendment. 1t has for some years
beer the prevailing opinion that the
circuit court, in any form, is an I'M
necessary part of our judiciary system,
and for the purpose of reforming the
court the amendment was proposed at
the last session of the Legislature.
The adoption of the amendment, at
the polls, will result in the saving TO
the State of The salaries of six judges;
but this saving viii be effected at the
expense Of the litigants and the ex-
pense of the only commendable feat
ures of the circuit court as at the pres
cnt constituted.
Under the present system, when the
amount is small, the litigants can
afford to exercise the right of appeal,
because the appeal is tried on the origi-
nal papers without the expense OF a
transcript, and in the parish where
the case originated, without the ex-
pence OF the attorneys in attending
court in a distant place.
But what will be the effect of the
propo sed amendment An attorney
having case appealed from the parish
of Madison will haye to travelto Mon
roe and possibly he detained there
several days before bis case is reached,
and after the court has passed upon
his case his trouble will not be at end,
because the amendment provides that
either party may carry the matter up
to the supreme court, which court Will
have power to review the whole case
and "decide the whole matter in con-
troversy in the same manner ss If il
had been Oh appeal directly to the
supreme court" 1t also provides that
the supreme court shall have power 10
have the whole record brought up BE-
fore IL, which will probably mean that
it will be brought up by transcript
of the whole record.
The operation of the amendment
would be, that nearly every case ap'
pea.ed would go finally 10 the supreme
court. Suppose the suit a small one
in which there is say $3.50 involved
The attorneys would not only have tt
90 to Monroe and possibly remain
there several days, but might have Il
90 from there to New Orleans and re-
main there several days, and the liti
gar.ts might have 10 pay the costs of
copy of the record for the supreme
court, aud would certainly have TO pay
the costs of printing br;efs,-all o
which would practically deny thu
right of appeal in small suits; and tn
circuit court was created ostensibly TO
the purpose of trying small cases.
Besides, there would be the risk o
the loss or obstruction of the origina
papers in the suit in taking them ava,
from the Clerks Office where the.
properly belong, which in itself is
, serious objection. Legislation
already too expensive by reason Of tn
existing fee bills allowed for cour
officials, aud to add further expeDs
, would operate a further denial OF III
benefit Of judicially asserting rights Q
property.
II is a mockery for the State t
3 make laws for the protection of
mans rights in civil matters. and the
place such impediments in his way a
, to deprive him of the benefit Of thes
, laws. The courts should be ope
. for every man to assert his rights at
reasonable expense. and for the Stat
I to deny this privilege for the purpos
of saving a few thousand dollars
r poor economy.
/ think the amendment should
D defeated. w. NJ. MURPHY.
8 Tallulah, La, March 4th, 1896.