The Banner-Democrat. [volume] (Lake Providence, East Carroll Parish, La.) 1892-current, 1896-03-21
The Proposed Amendments, etc.

| lion of the State relative 10 the change
in the Circuit Court. We beg the
! readers of the BID. TO read the article
carefully, as il shows clearly The objec-
iionable feature in the contemplated
changes OF the Circuit Court. 1t
would be unfortunate if the amend
ment was adopted as the poor man
would be practically thrown out of
court. The press of the State should
take up the subject aud discuss it freely
to prevent, if it can, the adoption of
The amendment:
Editor of the Picayune: Aristotle
ranks justice among the social virtues.
Social life, says he, presents conflicting
interests, whence arise necessarily long
aud bitter contentious. TO end them
satisfactorily demands supreme and
general authority, superior 10 Contend
ing parties, free from bias, and capa-
BILE Of appreciating with equanimity
the most conflicting interests. That
authority is Justice.
Justice is divided into legal, distrib-
utive aud cumulative justice, accord
ing rs the relations Of the parts 10 the
whole, of the whole TO the parts, or Of
the parts among themselves are con-
sidered. Distributive justice, which
is the concern of this article, consists
in the maintaining of the rights of
each citizen and in securing to him the
legal status that belongs to him. If
society is an organism, each member
has right TO his proper place, to his
sphere of aclion. In fact, there is and
can be no social system vigorous,
| Lying, durable unless each member of
the commonwealth is assured personal
activity, personal Liberty, and has all
Of his rights guaranteed in ever
respect.
1t is the purport of this article to
show that the rights of the poor man
will be trampled upon aud justice
thereby much impeded, if the amend
ment 10 the constitution concerning
appellate courts proposed by the last
general assembly is adopted by the
people.
The appellate court is intended to
decide finally cases involving from
800 10 $4,000; 1t is virtually the
supreme court of the poor man, and
consequently evei y opportunity should
be given him to have his grievances re-
dressed without. mourning too much
expense.
The court of appeals, as now eonsti-
tuted, divides the state into six cir
cults, and from each circuit two judges
are elected to preside over that court.
In each parish are held two annual ses-
sions OF the circuit court. and all cases
on.appeals are tried "on the original
record, pleadings and evidence in the
district court" When two judges of
the court concur, their judgment is
final; when they disagree, lawyer al
The bar is called in and the decision
agreed upon by two of the judges
stands final.
As is evidenced by this brief sum-
mary Of the court of appeals, the poor
man can now obtain justice at home
and with little expense, and no other
objection was ever raised to this court
as now constituted, except that the six
courts of appeals of the state costs $48,-
600 year aud did little or no work.
The general assembly of 1894, however,
in mood of economy, modified the
entire system, aud instead of six cir
cults, divided tie State into two cir
cults, with six judges, three for each
circuit, thus requiring each appellate
court to do more than double the
work of its predecessor. So far, so
good, and no one could object to the
appellate judges having a little more
work to do. But here comes the Oh
jectionable features; The appellate
court IL no longer to sit in each parish,
as of old, but in one selected town in
the district, that is supposed to be
centrally located. Besides, "all cases
on appeals are TO be tried on the orgi-
nal papers, pleadiDgs and evidence in
the district court" necessitating the
carrying Of these documents to the seat
of the circuit court, and also that,
with a copy of the decree of the court,
they be returned TO the court Of the
first insta:ce. But that is not all.
..The Supreme Court may review any
judgment of the court of appeals
which may conflict with each other or
with their own decisions, or they may
require that the whole record or cause
be sent up to them for their considers
ton, and thereupon they shall decide
the whole matter in controversy in the
same manner, as if il had been on APP
peal directly to the Supreme Court"
If this amendment is adopted the
poor litigant will be virtually thrown
out of court, because his supreme
court, the court ofappeals, is virtually
out of his reach. Under the present
system his case, if an appeal is taken,
is tried at his home, by his home law
yer, on the original records, pleadiDgs |
and evidence in tho district court. An
appeal now entails only delay, but lit
tie or no additional expense. But, if
the amendment is carried, he will
necessarily be obliged TO take his case
to the new seat of the circuit court,
distant sometimes $50 miles or more
from his home.s When the appeal
was tried at his home he could afford
to seek redress but under the new
system, if adopted, his attorney must
go 10 the seat of the circuit court,
travel long distance, and pay hotel