The Louisiana Democrat. [volume] (Alexandria, La.) 1845-1918, 1897-10-27
A New Judiciary System Tor
Louisiana.
BY JUDGE W. F. BLACKMAN.


OF this State favor q constitutional conven-
ton, and will vote for tunder the act OF
the Legislature calling it, although many
are opposed to the limitations imposed.
The two important questions to be dealt
with, is the suffrage and judiciary. l do
not propose, just now, to discuss any plan
for qualifying suffrage, but it Is very EVIL
dent some limitations will be placed on
the right to its exercise.
The judiciary problem seems to interest
every one, as they take it for granted that
there will be qualified suffrage.
After several years of experience on the
bench, and close observation OF the Pc
culiar social conditions that surround US,
it has often occurred to me that some radi-
cal change in our system had to be made,
or the burdens to the tax payers would
become intoerab!e.
The administration of the criminal law
is cumbersome and entirely too expensive,
and results too often in farcical miscar-
riage Of justice. 1t is fact that over
threee-fourths OF the crimes and offences
com ,nitted ia any parish, are mlsdemean-
ors and not felonies. TO deal with this
class of criminals insure a speedy
trial by tribunal that will intelligently
and impartially dispense justice at the
least cost to the tax payers, is what all
aw-abding citizens d. and should desire.
How to do this, is the question, and pro-
70 fhn fNr
their discussion and consideration, know
ing full well that any plan will meet with
opposition and censorious criticism by
many who oppose it.
The judicial power should bs vested In
supreme court, courts Of appeal, district
courts aud justices of the peace. In this
article shall con fine myself to justices OF
the peace. Every parish should be divided
into not less than three nor more than
seven justices OF the peace wards, accord
ing to population and territory. Justices
of the peace, in addition to other qualifi-
cations provided by law, should be re-
quired to stand an examination before
they are eligible for election. This exami-
nation should be held by committee Of
two reputable lawyers and citizen OF
good standing, appointed by the district
Judge or the governor. This examination
should be as to the moral character Of the
candidate and his general intelligence; as
10 his reading, writing and orthography,
and his proficiency in his duties as laid
down in the Magistrates Guide. 1t is not
exp cts d that an applicant should stand as
rigid an examination as lawyer, but he
ought to be qualified to discharge the du-
ties intelligeutly of this important Office.
Lawyers, physicians, those in the civil
service Of the United States government,
school teachers, and generally, ministers,
have 20 submit to an examination as to
their fitness for their various professions
and calling; ard why not justices WAC
have equally as important and serious du-
ties to perform? One OF the reasons why
this important Office has fallen into disre.
pute, is because OF the ignorance and III.
competency of many who have in recent
; years been elected to this Office, and be.
cause the jurisdiction OF justices of the
peac. in civil and criminal matters has
been 80 materially cut down. Ia my
opinion, il there Is 4 q ALLEGATION for sui
frage and an examination OF candidates
this important Office OF jas:ics Of the
peace will be filled b. competent men
ard more dignity attached to the Office
Their civil jurisdiction should extend tt
all suits where the amount in dispute doe
not exceed three hundred dollars, e1clu
sive of interest. This is the civil juris
dction OF Justices in many OF the states
and we ought to have as goad and compe
tent officers as any other state. This vii
: very greatly reduce the cos. OF litigation
prevent long delays and vexatious troubles
to unfortunate debtors in attending cour
at the parish site. Besides the iitigant
witnesses are compelled to attend court a
great cost to the litiganis, aud loss OF tim
to each individual attending court. 1t i
estimated that the est of obtaining ant
executing a judgment under the presen
system averages fifty dollars, without ref
erence to the amount Involved. Very Otter
| the cost is greater than the amount reaiiz
ed out Of the judgment, and the party VIII
sues is the loser. If justices are givel
the jurisdiction propose, the cost orgh
not to be- oue-third Of this usual cost.
am we'll aware that many OF my lega
brethren object 10 this system, as it vii
not Concentrate business at the cour
t house, bat with good magistrates, whic
: l believe can be secured, the practice 9
law will be better and more satisfactory t
both litigarts and attorneys.
{: TIE criminal jurisdiction OF magistrate
should be unlimited to issue warrants TO
arrest. They should have jurisdiction
. after preliminary bearing to grant bal
= in all cases where the punishment tia
i. may be inflicted shall not exceed hard la
/ Dor in the peniten:iary for seven years O
upwards. Magistrates had this jurisdic
{ ton under all of our constitutions prior
l that Of 1868, when the parish court syster
n was adopted.
-, The illiterates that held Office unde
: manhood suffrage were 50 great, that tn
} trainers of the constitution Of 1879 wer
J. afraid to confer this Jurisdiction, and re
duced it to the minimum in all crinins
matters. Magistrates should have origi
:, nal jurisdiction to try aud determine a
: minor offences in their wards, which al
!, commonly known as the hoodum &C
such as swearing In front OF houses, run
' uing horses On the public road, disturbiu